The Commissioner has the authority to:
(1) Promulgate regulations implementing this chapter.
(2) Establish standards for evaluating reasonableness of payments under viatical settlement contracts for persons who are terminally or chronically ill. This authority includes regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy insuring the life of a person that is chronically or terminally ill.
(3) Establish appropriate licensing requirements, fees, and standards for continued licensure for viatical settlement providers and viatical settlement brokers.
(4) Require a bond or other mechanism for financial accountability for viatical settlement providers.
(5) Adopt rules governing the relationship and responsibilities of both insurers and viatical settlement providers and viatical settlement brokers during the viatication of a life insurance policy or certificate.
Structure Delaware Code
Chapter 75. DELAWARE VIATICAL SETTLEMENTS ACT
§ 7503. License and bond requirements.
§ 7504. License revocation and denial.
§ 7505. Approval of viatical settlements contracts and disclosure statements.
§ 7506. Reporting requirements and privacy.
§ 7507. Examination or investigations.
§ 7509. Disclosure to insurer.
§ 7512. Prohibited practices and conflicts of interest.
§ 7513. Advertising for viatical settlements.
§ 7514. Fraud prevention and control.
§ 7515. Injunctions; civil remedies; cease and desist.
§ 7516. Authority to promulgate regulations.
§ 7517. Unfair trade practices.
§ 7518. Nonpreemption of requirements under the Delaware Securities Act.