(1) A viatical settlement contract form, escrow form, or related form may be used in this state only after the form has been filed with the office and only after the form has been approved by the office.
(2) The viatical settlement contract form, escrow form, or related form must be filed with the office at least 60 days before its use. The form is considered approved on the 60th day after its date of filing unless it has been previously disapproved by the office. The office must disapprove a viatical settlement contract form, escrow form, or related form that is unreasonable, contrary to the public interest, discriminatory, misleading, or unfair to the viator.
(3) If a viatical settlement provider elects to use a related provider trust in accordance with this act, the viatical settlement provider shall file notice of its intention to use a related provider trust with the office, including a copy of the trust agreement of the related provider trust. The organizational documents of the trust must be submitted to and approved by the office before the transacting of business by the trust.
(4) The commission may adopt, by rule, standardized forms to be used by licensees, at the licensee’s option in place of separately approved forms.
History.—s. 12, ch. 96-336; s. 4, ch. 98-164; s. 3, ch. 2000-344; s. 2, ch. 2001-207; s. 2, ch. 2001-247; s. 1051, ch. 2003-261; s. 22, ch. 2005-237.
Structure Florida Statutes
Chapter 626 - Insurance Field Representatives and Operations
Part X - Viatical Settlements (Ss. 626.991-626.99295)
626.9912 - Viatical settlement provider license required; application for license.
626.9913 - Viatical settlement provider license continuance; annual report; fees; deposit.
626.9916 - Viatical settlement broker license required.
626.99175 - Life expectancy providers; registration required; denial, suspension, revocation.
626.99181 - Viatical settlement broker’s compensation.
626.9919 - Notice of change of licensee or registrant’s address or name.
626.9921 - Filing of forms; required procedures; approval.
626.9923 - Viatical settlement contracts; required disclosures.
626.9924 - Viatical settlement contracts; procedures; rescission.
626.99245 - Conflict of regulation of viaticals.
626.9926 - Rate regulation not authorized.
626.9927 - Unfair trade practices; cease and desist; injunctions; civil remedy.
626.99272 - Cease and desist orders and fines.
626.99275 - Prohibited practices; penalties.
626.99278 - Viatical provider anti-fraud plan.
626.99285 - Applicability of insurance code.
626.99287 - Contestability of viaticated policies.
626.99289 - Void and unenforceable contracts, agreements, arrangements, and transactions.
626.99291 - Contestability of life insurance policies.