41-1962. PROHIBITED PRACTICES AND CONFLICTS OF INTEREST. (1) It is a violation of the provisions of sections 41-1950 through 41-1965, Idaho Code, for any person to engage in any act that constitutes or promotes a STOLI regarding any resident of this state.
(2) With respect to any life settlement contract or insurance policy, no life settlement broker knowingly shall solicit an offer from, effectuate a life settlement with or make a sale to any life settlement provider, life settlement purchaser, financing entity or related provider trust that is an affiliate of such life settlement broker unless such relationship is first disclosed to the owner.
(3) With respect to any life settlement contract or insurance policy, no life settlement provider knowingly shall enter into a life settlement contract with an owner, if, in connection with such life settlement contract, anything of value will be paid to a life settlement broker that is an affiliate of such life settlement provider or any investor, financing entity or related provider trust that is involved in such life settlement contract unless such relationship is first disclosed to the owner.
(4) No person shall enter into a premium finance agreement with any other person or affiliate thereof pursuant to which such person shall receive any proceeds, fees or other consideration, directly or indirectly, from the policy or owner of the policy or any other person with respect to the premium finance agreement or any life settlement contract or other transaction related to such policy that are in addition to the amounts required to pay the principal, interest and service charges related to policy premiums pursuant to the premium finance agreement or subsequent sale of such agreement; provided further that any payments, charges, fees or other amounts in addition to the amounts required to pay the principal, interest and service charges related to policy premiums paid under the premium finance agreement shall be remitted to the original owner of the policy or to his or her estate if he or she is not living at the time of the determination of overpayment.
(5) In the solicitation, application or issuance of a life insurance policy, no person shall employ any device, scheme or artifice that would result in a violation of section 41-1804, Idaho Code.
(6) No life settlement provider shall enter into a life settlement contract unless the life settlement promotional, advertising and marketing materials, as may be prescribed by rule, have been filed with the director. In no event shall any marketing materials expressly reference that the insurance is "free" for any period of time. The inclusion of any reference in the marketing materials that would cause an owner to reasonably believe that the insurance is free for any period of time shall be considered a violation of the provisions of sections 41-1950 through 41-1965, Idaho Code.
(7) No life insurance producer, insurance company, life settlement broker or life settlement provider shall make any statement or representation to the applicant or policyholder in connection with the sale or financing of a life insurance policy to the effect that the insurance is free or without cost to the policyholder for any period of time unless provided in the policy.
History:
[41-1962, added 2009, ch. 69, sec. 1, p. 203.]
Structure Idaho Code
Chapter 19 - LIFE INSURANCE POLICIES AND ANNUITY CONTRACTS
Section 41-1901 - SCOPE OF CHAPTER.
Section 41-1902 - “INDUSTRIAL LIFE INSURANCE” DEFINED.
Section 41-1903 - STANDARD PROVISIONS REQUIRED.
Section 41-1904 - GRACE PERIOD.
Section 41-1905 - INCONTESTABILITY.
Section 41-1906 - ENTIRE CONTRACT.
Section 41-1907 - MISSTATEMENT OF AGE.
Section 41-1909 - POLICY LOAN.
Section 41-1910 - TABLE OF INSTALMENTS.
Section 41-1911 - REINSTATEMENT.
Section 41-1912 - PAYMENT OF PREMIUMS.
Section 41-1913 - PAYMENT OF CLAIMS.
Section 41-1914 - BENEFICIARY — INDUSTRIAL POLICIES.
Section 41-1916 - EXCLUDED OR RESTRICTED COVERAGE.
Section 41-1917 - STANDARD PROVISIONS — ANNUITY AND PURE ENDOWMENT CONTRACTS.
Section 41-1918 - GRACE PERIOD — ANNUITIES.
Section 41-1919 - INCONTESTABILITY — ANNUITIES.
Section 41-1920 - ENTIRE CONTRACT — ANNUITIES.
Section 41-1921 - MISSTATEMENT OF AGE OR SEX — ANNUITIES.
Section 41-1922 - DIVIDENDS — ANNUITIES.
Section 41-1923 - REINSTATEMENT — ANNUITIES.
Section 41-1924 - STANDARD PROVISIONS — REVERSIONARY ANNUITIES.
Section 41-1925 - LIMITATION OF LIABILITY.
Section 41-1926 - PROHIBITED PROVISIONS — INDUSTRIAL LIFE INSURANCE.
Section 41-1927 - STANDARD NONFORFEITURE LAW — LIFE INSURANCE.
Section 41-1927A - STANDARD NONFORFEITURE LAW FOR INDIVIDUAL DEFERRED ANNUITIES.
Section 41-1928 - NONFORFEITURE BENEFITS — CERTAIN INTERIM POLICIES.
Section 41-1929 - INCONTESTABILITY AND LIMITATION OF LIABILITY AFTER REINSTATEMENT.
Section 41-1930 - POLICY SETTLEMENTS.
Section 41-1931 - INDEBTEDNESS DEDUCTED FROM PROCEEDS.
Section 41-1932 - PARTICIPATING AND NONPARTICIPATING POLICIES — RIGHT TO ISSUE.
Section 41-1933 - PARTICIPATING AND NONPARTICIPATING POLICIES — ACCOUNTING.
Section 41-1934 - PROHIBITED POLICY PLANS.
Section 41-1935 - LIFE INSURANCE AND ANNUITIES — TWENTY DAY FREE EXAMINATION.
Section 41-1936 - SEPARATE ACCOUNTS — OPERATION AND MANAGEMENT.
Section 41-1937 - VARIABLE CONTRACTS — STATEMENT OF ESSENTIAL FEATURES.
Section 41-1938 - VARIABLE CONTRACTS — AUTHORITY OF INSURER TO ISSUE.
Section 41-1939 - VARIABLE CONTRACTS — REGULATION THEREOF.
Section 41-1940 - ANNUITY CONSUMER PROTECTIONS ACT.
Section 41-1940A - ANNUITY CONSUMER PROTECTIONS — SUITABILITY DUTIES.
Section 41-1940B - ANNUITY CONSUMER PROTECTION — SUPERVISION SYSTEM.
Section 41-1940C - ANNUITY CONSUMER PROTECTION — PRODUCER TRAINING.
Section 41-1940D - ANNUITY CONSUMER PROTECTION — COMPLIANCE MITIGATION.
Section 41-1940E - ANNUITY CONSUMER PROTECTION — RECORDKEEPING.
Section 41-1941 - ANNUITY CONSUMER PROTECTIONS — DISCLOSURES.
Section 41-1942 - ADVERTISEMENT OF INTEREST-INDEXED ANNUITIES.
Section 41-1943 - STANDARDS FOR POLICY PROVISIONS FOR ANNUITIES.
Section 41-1950 - SHORT TITLE AND SCOPE.
Section 41-1951 - DEFINITIONS.
Section 41-1952 - LICENSE REQUIREMENT.
Section 41-1953 - FILING OF LIFE SETTLEMENT CONTRACTS AND DISCLOSURE STATEMENTS.
Section 41-1954 - REPORTING REQUIREMENTS AND PRIVACY.
Section 41-1955 - EXAMINATION AND RECORDS.
Section 41-1956 - DISCLOSURE TO OWNER UPON APPLICATION.
Section 41-1957 - DISCLOSURE TO OWNER BY PROVIDER UPON SETTLEMENT CONTRACT.
Section 41-1958 - DISCLOSURE TO OWNER BY BROKER UPON SETTLEMENT CONTRACT.
Section 41-1959 - NOTICE OF CHANGE BY PROVIDER.
Section 41-1960 - GENERAL RULES.
Section 41-1961 - PERMITTED LIFE SETTLEMENTS AND SUPPORTING DOCUMENTATION.
Section 41-1962 - PROHIBITED PRACTICES AND CONFLICTS OF INTEREST.
Section 41-1963 - ADVERTISING FOR LIFE SETTLEMENTS.