LD 1907
pg. 25
Page 24 of 38 An Act To Govern and Regulate Life Settlements Page 26 of 38
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LR 2724
Item 1

 
whether, based on the medical evidence and documents provided, the
insurer intends to pursue an investigation regarding the validity
of the insurance contract.

 
2. Confidentiality of medical information. All medical
information solicited or obtained by any licensee is subject to
the applicable provisions of state law relating to
confidentiality of medical information.

 
3. Unconditional rescission. All viatical settlement
contracts entered into in this State or entered into with
residents of this State must contain a provision for an
unconditional recission period of the earlier of the 30th day
after the date upon which the viatical settlement contract is
executed by both parties or the 15th day after the date upon
which payment is received by the viator that the viator has the
right to rescind a settlement contract before the earlier of 30
calendar days after the date upon which the settlement contract
is executed by all parties or 15 calendar days after the date
upon which payment is received by the viator as provided in
section 6808. Recission Rescission if exercised by the viator is
effective only if both notice of the recission rescission is
given and a full return of funds to the trustee or escrow agent
repayment of all proceeds and any premiums, loans and loan
interest to the settlement provider is made within the recission
rescission period. If the insured dies during the rescission
period, the settlement contract is deemed to have been rescinded,
subject to repayment of all proceeds and any premiums, loans and
loan interest to the settlement provider.

 
4. Transfer of insurance policy. Immediately upon receipt
from the viator of documents to effect the transfer of the
insurance policy, the viatical The settlement provider shall pay
the proceeds of the settlement to an escrow or trust account
managed by an independent trustee or escrow agent in a state-
chartered or federally chartered financial institution, whose
deposits are insured by the Federal Deposit Insurance Corporation
or its successor, pending acknowledgment of the transfer by the
issuer of the policy instruct the viator to send the executed
documents required to effect the change in ownership or
assignment or change in beneficiary directly to the independent
escrow agent. Within 3 business days after the date the escrow
agent receives the document, or from the date the settlement
provider receives the documents, if the viator erroneously
provides the documents directly to the provider, the settlement
provider shall pay or transfer the proceeds of the settlement
into an escrow or trust account maintained in a state or
federally chartered financial institution whose deposits are
insured by the Federal Deposit Insurance Corporation or its
successor. Upon payment of the settlement proceeds into the


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