LD 1907
pg. 33
Page 32 of 38 An Act To Govern and Regulate Life Settlements Page 34 of 38
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LR 2724
Item 1

 
capacity or tendency to mislead or deceive. Whether an
advertisement has the capacity or tendency to mislead or deceive
must be determined by the superintendent from the overall
impression that the advertisement may be reasonably expected to
create upon a person of average education or intelligence within
the segment of the public to which it is directed.

 
3.__Standards for disclosure.__An advertisement must comply
with standards for disclosure determined by rule by the
superintendent.

 
4.__Applicability. This section applies to any advertisement
of settlement contracts or related products or services intended
for dissemination in this State, including advertising on the
Internet viewed by persons located in this State. If disclosure
requirements are established pursuant to federal regulation, this
section must be interpreted so as to minimize or eliminate
conflict with federal regulation whenever possible.

 
§6818.__Fraud prevention and control

 
1.__Fraudulent viatical or life settlement acts prohibited.__
Notwithstanding any other provision of law to the contrary:

 
A.__A person may not commit a fraudulent viatical or life
settlement act;

 
B.__A person may not knowingly or intentionally interfere
with the enforcement of the provisions of this chapter or
investigations of suspected or actual violations of this
chapter; and

 
C.__A person in the business of settlements may not
knowingly or intentionally permit any person convicted of a
crime involving dishonesty or breach of trust to participate
in the business of settlements.

 
2.__Fraud warning required. Settlement contracts and
applications for settlements, regardless of the form of
transmission, must contain the following statement or a
substantially similar statement:__"Any person who knowingly
presents false information in an application for insurance or a
settlement contract is guilty of a crime and may be subject to
fines and confinement in prison." The lack of a statement as
required in this subsection does not constitute a defense in any
prosecution for a fraudulent viatical or life settlement act.

 
3.__Mandatory reporting of fraudulent viatical or life
settlement acts.__Any person engaged in the business of
settlements having knowledge or a reasonable belief that a


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