Sec. 6. As used in this chapter, "viatical settlement contract" means an agreement for the purchase, sale, assignment, transfer, devise, or bequest of a portion of the death benefit or ownership of a life insurance policy or contract for consideration that is less than the expected death benefit of the life insurance policy or contract. The term does not include the following:
(1) A loan by an insurer under the terms of a life insurance policy, including a loan secured by the cash value of a policy.
(2) An agreement with a bank, savings bank, savings and loan association, credit union, or other licensed lending institution that takes an assignment of a life insurance policy as collateral for a loan.
(3) The provision of accelerated death benefits by an insurer to an insured under the provisions of a life insurance contract.
(4) Agreements between an insurer and a reinsurer.
(5) An agreement by a person who enters into not more than one (1) such agreement in any five (5) year period to purchase a life insurance policy or contract for the transfer of a life insurance policy for a value that is less than the expected death benefit.
As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.6; P.L.128-2000, SEC.2.
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