(1) That there are possible alternatives to viatical settlement contracts for persons who have a catastrophic or life-threatening illness, including, but not limited to, accelerated benefits offered by the issuer of a life insurance policy.
(2) That proceeds of the viatical settlement could be taxable, and assistance should be sought from a personal tax advisor.
(3) That viatical settlement proceeds could be subject to the claims of creditors.
(4) That receipt of viatical settlement proceeds could adversely affect the recipient’s eligibility for Medicaid or other government benefits or entitlements, and advice should be obtained from the appropriate agencies.
(5) That all viatical settlement contracts entered into in this state must contain an unconditional rescission provision which allows the viator to rescind the contract within 15 days after the viator receives the viatical settlement proceeds, conditioned on the return of such proceeds.
(6) The name, business address, and telephone number of the independent third-party escrow agent, and the fact that the viator may inspect or receive copies of the relevant escrow or trust agreements or documents.
History.—s. 14, ch. 96-336.
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.