Sec. 21. (a) A viatical settlement contract must establish the terms under which the viatical settlement provider will pay value, in return for the viator's assignment, bequest, devise, sale, or transfer of the death benefit, certificate, or ownership of the insurance policy to the viatical settlement provider.
(b) A viatical settlement contract must provide for the unconditional rescission of the contract by the viator for the longer of the following:
(1) the period ending not more than fifteen (15) days after the receipt of the viatical settlement proceeds by the viator; or
(2) the period ending not more than thirty (30) days after execution of the contract.
(c) A viatical settlement contract is rescinded if the insured dies during the rescission period, subject to repayment to the viatical settlement provider of all proceeds and any premiums, loans, and loan interest that have been paid by the viatical settlement provider.
As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.22; P.L.223-2005, SEC.6.
Structure Indiana Code
Article 8. Life, Accident, and Health
Chapter 19.8. Viatical Settlements
27-8-19.8-1. "Applicant" Defined
27-8-19.8-2. "Department" Defined
27-8-19.8-3. "Insured" Defined
27-8-19.8-4.3. "Viatical Settlement Agent" Defined
27-8-19.8-4.5. "Viatical Settlement Broker" Defined
27-8-19.8-5. "Viatical Settlement Provider" Defined
27-8-19.8-6. "Viatical Settlement Contract" Defined
27-8-19.8-6.5. "Viaticated Policy" Defined
27-8-19.8-7.8. "Stranger Originated Life Insurance" Defined
27-8-19.8-8.5. Persons Required to Be Licensed as Insurance Producer With Life Qualification
27-8-19.8-8.6. Exemptions From Licensing Requirement
27-8-19.8-8.7. Fiduciary Duties of Viatical Settlement Brokers
27-8-19.8-9. License Required for Viatical Settlement Providers
27-8-19.8-9.2. Insurance Producer Remuneration
27-8-19.8-10. Application and Fee for License
27-8-19.8-11. Investigation of Applicant; Issuance of License
27-8-19.8-12. Refusal to Issue License
27-8-19.8-13. Nonresident Licenses
27-8-19.8-14. Individuals Authorized to Act as Viatical Settlement Benefits Providers
27-8-19.8-15. Expiration and Renewal of License
27-8-19.8-16. Disclosure of Identity of Individuals Associated With Viatical Settlement Providers
27-8-19.8-18. Examination of Viatical Settlement Provider or Applicant
27-8-19.8-19. Suspension, Revocation, or Refusal to Renew License
27-8-19.8-20.1. Stranger Originated Life Insurance; Prohibition
27-8-19.8-21. Required Terms of Viatical Settlement Contract
27-8-19.8-22. Form for Viatical Settlement Contract
27-8-19.8-23. Required Disclosures to Viator; Information to Insured
27-8-19.8-24. Prerequisites to Viatical Settlement Contract
27-8-19.8-24.7. Disclosure of Identity of Viator
27-8-19.8-24.8. Applicability of Ic 16-39 to Release of Insured's Medical Records
27-8-19.8-24.9. Contacts With Insured for Purpose of Determining Health Status