Sec. 1111A.004. LICENSE SUSPENSION, REVOCATION, OR REFUSAL TO RENEW. (a) The commissioner may suspend, revoke, or refuse to renew the license of a license holder if the commissioner finds that:
(1) there was a material misrepresentation in the application for the license;
(2) the license holder or an officer, partner, member, or director of the license holder has been guilty of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent to act as a license holder;
(3) the license holder is a provider and demonstrates a pattern of unreasonably withholding payments to policy owners;
(4) the license holder no longer meets the requirements for initial licensure;
(5) the license holder or any officer, partner, member, or director of the license holder has been convicted of a felony, or of any misdemeanor with respect to which criminal fraud is an element, or has pleaded guilty or nolo contendere with respect to a felony or a misdemeanor with respect to which criminal fraud or moral turpitude is an element, regardless of whether a judgment of conviction has been entered by the court;
(6) the license holder is a provider and has entered into a life settlement contract using a form that has not been approved under this chapter;
(7) the license holder is a provider and has failed to honor contractual obligations in a life settlement contract;
(8) the license holder is a provider and has assigned, transferred, or pledged a settled policy to a person other than a provider licensed in this state, a purchaser, an accredited investor or qualified institutional buyer as defined respectively in 17 C.F.R. Section 230.144A, as amended, a financing entity, a special purpose entity, or a related provider trust; or
(9) the license holder or any officer, partner, member, or key management personnel of the license holder has violated this chapter.
(b) The commissioner may deny a license application or suspend, revoke, or refuse to renew the license of a license holder in accordance with Chapter 2001, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1156 (H.B. 2277), Sec. 3, eff. September 1, 2011.
Structure Texas Statutes
Title 7 - Life Insurance and Annuities
Subtitle A - Life Insurance in General
Chapter 1111A - Life Settlement Contracts
Section 1111A.001. Short Title
Section 1111A.002. Definitions
Section 1111A.003. Licensing Requirements; Exemption
Section 1111A.004. License Suspension, Revocation, or Refusal to Renew
Section 1111A.005. Requirements for Contract Forms, Disclosure Forms, and Advertisements
Section 1111A.006. Reporting Requirements and Privacy
Section 1111A.007. Examination
Section 1111A.008. Immunity From Liability
Section 1111A.009. Investigative Authority of the Commissioner
Section 1111A.010. Cost of Examinations
Section 1111A.011. Advertising
Section 1111A.012. Disclosures to Owners
Section 1111A.013. Disclosure to Insurer
Section 1111A.014. General Rules
Section 1111A.015. Authority to Adopt Rules
Section 1111A.016. Conflict of Laws
Section 1111A.017. Prohibited Practices
Section 1111A.018. Fraud Prevention and Control
Section 1111A.019. Mandatory Reporting of Fraudulent Life Settlement Acts
Section 1111A.020. Confidentiality
Section 1111A.021. Other Law Enforcement or Regulatory Authority
Section 1111A.022. Life Settlement Antifraud Initiatives
Section 1111A.023. Injunction; Civil Remedies; Cease and Desist Orders
Section 1111A.025. Applicability of Other Insurance Laws
Section 1111A.026. Applicability of Certain Provisions to Life Expectancy Estimators