Sec. 5. (a) As used in this chapter, "viatical settlement provider" means a person, other than a viator, that:
(1) enters into a viatical settlement contract with a viator; or
(2) obtains financing for the purchase, acquisition, transfer, or other assignment of one (1) or more viatical settlement contracts, viaticated policies, or interests in such a contract or policy, or otherwise sells, assigns, transfers, pledges, hypothecates, or disposes of one (1) or more viatical settlement contracts, viaticated policies, or interests in such a contract or policy.
(b) The term does not include any of the following:
(1) A bank, savings bank, savings association, credit union, or other licensed lending institution that takes an assignment of a life insurance policy as collateral for a loan.
(2) The issuer of a life insurance policy that makes a policy loan, permits surrender of the policy, or pays other policy benefits, including accelerated benefits, in accordance with the terms of the policy.
As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.5; P.L.79-1998, SEC.32; P.L.136-2018, SEC.199.
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