Not later than the date of assignment, transfer or sale of all or a portion of a viaticated policy, a provider of viatical settlements or a viatical settlement investment agent who contracted with or was appointed by the provider of viatical settlements shall provide a purchaser of a viatical settlement with the following disclosures:
1. All certifications relating to the life expectancy of the viator that were obtained by the provider of viatical settlements in the process of determining the price that was paid to the viator.
2. A statement as to whether premium payments or money for the payment of other costs related to the policy has been deposited in an escrow account.
3. If payments or money has been deposited in an escrow account, a statement of the date that the escrow account will be depleted and as to whether the purchaser of viatical settlements will be responsible for payment of premiums thereafter and, if so, a statement of the amount of the premiums.
4. A statement as to whether premiums or other costs related to the policy have been waived.
5. If premiums or other costs have been waived, a statement as to whether the purchaser will be responsible for payment of the premiums if the insurer that issued the policy terminates the waiver after the purchase, and a statement of the amount of the premiums.
6. The type of policy offered or sold, any additional benefits included with the policy and the status of the policy.
7. If the policy is term insurance, a statement of the additional risks associated with term insurance, including, without limitation, the purchaser’s responsibility for additional premiums if the viator renews the policy at the end of the term which is effective at the time of the purchase.
8. The period of contestability, if any, remaining under the policy.
9. A statement of rights held by the insurer that could negatively affect or extinguish the rights of the purchaser of viatical settlements and the conditions under which the rights can be exercised.
(Added to NRS by 2009, 1789)
Structure Nevada Revised Statutes
Chapter 688C - Viatical Settlements
NRS 688C.020 - "Advertising" defined.
NRS 688C.030 - "Broker of viatical settlements" defined.
NRS 688C.040 - "Business of viatical settlements" defined.
NRS 688C.050 - "Chronically ill" defined.
NRS 688C.060 - "Financing agent" defined.
NRS 688C.070 - "Policy" defined.
NRS 688C.080 - "Provider of viatical settlements" defined.
NRS 688C.090 - "Purchaser of viatical settlements" defined.
NRS 688C.095 - "Rescission period" defined.
NRS 688C.100 - "Special organization" defined.
NRS 688C.110 - "Terminally ill" defined.
NRS 688C.130 - "Viatical settlement" defined.
NRS 688C.133 - "Viatical settlement investment" defined.
NRS 688C.137 - "Viatical settlement purchase agreement" defined.
NRS 688C.140 - "Viaticated policy" defined.
NRS 688C.150 - "Viator" defined.
NRS 688C.175 - Applicability of other provisions.
NRS 688C.180 - Examinations and investigations by Commissioner.
NRS 688C.220 - Filing and approval of forms; submission of advertising material.
NRS 688C.240 - Retention of records and documents by licensee.
NRS 688C.266 - Form of certain disclosures.
NRS 688C.275 - Restrictions on business of broker and provider of viatical settlements.
NRS 688C.300 - Rescission of viatical settlement.
NRS 688C.320 - Confidentiality of medical information solicited or obtained by licensee.
NRS 688C.350 - Applicability and interpretation of provisions.
NRS 688C.390 - Use of testimonial, endorsement, appraisal, analysis or statistical information.
NRS 688C.400 - Prohibited disparagement.
NRS 688C.450 - Felonious acts.
NRS 688C.460 - Provision to Commissioner of information regarding felonious acts.