(a) No person shall use any form of life settlement contract or disclosure statement in this state unless such form has been filed with and approved by the commissioner. The commissioner shall disapprove a life settlement contract form or disclosure statement form if the commissioner finds any provision in such form is unreasonable, contrary to the interests of the public, fails to comply with the provisions of sections 38a-465f, 38a-465g and 38a-465n and subsection (b) of section 38a-465k, or is otherwise misleading or unfair to the owner. The commissioner may require the submission of advertising materials.
(b) No insurer shall, as a condition of responding to a request for verification of coverage or in connection with the transfer of a policy pursuant to a life settlement contract, require the owner, insured, provider or broker to sign any form, disclosure, consent, waiver or acknowledgment that has not been expressly approved by the commissioner for use in connection with life settlement contracts in this state.
(c) No insurer shall (1) prohibit a life insurance producer or broker from disclosing to a client the availability of a life settlement contract, or (2) include any provision in a life insurance policy that prohibits the lawful assignment of such policy.
(P.A. 97-202, S. 5, 18; P.A. 99-145, S. 7, 23; P.A. 03-152, S. 4; P.A. 08-175, S. 4; P.A. 09-74, S. 18; P.A. 10-5, S. 14.)
History: P.A. 97-202 effective January 1, 1998; P.A. 99-145 deleted reference to “subsection (a) of section 38a-11”, and “subdivision (19) of section 38a-816”, effective June 8, 1999; P.A. 03-152 substituted “person” for viatical settlement provider, broker or agent re prohibitions on use of unapproved forms, deleted provision re contract or disclosure statements deemed approved 60 days after filing, added “contrary to the interests of the public” and failure to comply with Secs. 38a-465n to 38a-465q re grounds for disapproval of contracts or statements and made a technical change; P.A. 08-175 replaced “viatical settlement” with “life settlement” and made technical and conforming changes, designated existing provisions as Subsec. (a) and added Subsec. (b) re additional form requirements and Subsec. (c) re prohibition on certain insurer provisions; P.A. 09-74 made a technical change in Subsec. (a), effective May 27, 2009; P.A. 10-5 made a technical change in Subsec. (a), effective May 5, 2010.
Structure Connecticut General Statutes
Chapter 700b - Life Insurance, Annuities, Burial Contracts and Life Settlements
Section 38a-431. (Formerly Sec. 38-153). - Group insurance.
Section 38a-432. (Formerly Sec. 38-154). - Annuities.
Section 38a-432a. - Regulations concerning consumer annuity transactions.
Section 38a-434. (Formerly Sec. 38-155). - Insurance against accident and disease.
Section 38a-437. (Formerly Sec. 38-158). - Copy of application to be furnished.
Section 38a-438. (Formerly Sec. 38-130b). - Short title: Standard Nonforfeiture Law.
Section 38a-441. (Formerly Sec. 38-159c). - Notice to insured when life insurance policy paid up.
Section 38a-442. (Formerly Sec. 38-156). - Dating back of policies prohibited.
Section 38a-443. (Formerly Sec. 38-147). - Premium notes.
Section 38a-444. (Formerly Sec. 38-147b). - Life insurance policy loans. Interest rate allowable.
Section 38a-445. (Formerly Sec. 38-160). - Deferring the granting of loans and surrender values.
Section 38a-446. (Formerly Sec. 38-149). - Discrimination in favor of individuals prohibited.
Section 38a-447a. - Exclusion of coverage on the basis of naloxone prescription prohibited.
Section 38a-448 and 38a-449. (Formerly Secs. 38-151 and 38-152). - Affidavit of examining physician.
Section 38a-451. (Formerly Sec. 38-159a). - Trustee as beneficiary of policy.
Section 38a-452. (Formerly Sec. 38-159b). - Payment of interest on life insurance death benefits.
Section 38a-453. (Formerly Sec. 38-161). - Rights of creditors of insured against beneficiary.
Section 38a-455. - Assignment of incidents of ownership under group life policy.
Section 38a-457. - Accelerated benefits of life insurance policies.
Section 38a-460. - Accumulation fund arrangements. Definition.
Section 38a-464. (Formerly Sec. 38-32). - Burial contracts; license from Insurance Commissioner.
Section 38a-465. - Definitions.
Section 38a-465a. - Licensing of life settlement providers and brokers.
Section 38a-465b. - Denial, suspension or revocation of license. Refusal to renew license. Appeals.
Section 38a-465f. - Required disclosures.
Section 38a-465h. - Premium finance loans. Disclosures and certifications.
Section 38a-465i. - Violations.
Section 38a-465k. - Injunctions. Cease and desist orders. Damages.
Section 38a-465l. - Penalties.