Sec. 1111A.016. CONFLICT OF LAWS. (a) If there is more than one owner on a single policy, and the owners are residents of different states, the life settlement contract is governed by the law of the state in which the owner having the largest percentage ownership resides or, if the owners hold equal ownership, the state of residence of one owner agreed on in writing by all of the owners. The law of the state of the insured shall govern in the event that equal owners fail to agree in writing on a state of residence for jurisdictional purposes.
(b) A provider licensed in this state who enters into a life settlement contract with an owner who is a resident of another state that has enacted statutes or adopted rules governing life settlement contracts is governed in the effectuation of that life settlement contract by the statutes and rules of the owner's state of residence. If the state in which the owner is a resident has not enacted statutes or adopted rules governing life settlement contracts, the provider shall give the owner notice that neither state regulates the transaction on which the owner is entering. For transactions in those states, however, the provider shall maintain all records required by this chapter if the transactions were executed in this state. The forms used in those states need not be approved by the department.
(c) If there is a conflict in the laws that apply to an owner and a purchaser in any individual transaction, the laws of the state that apply to the owner shall take precedence and the provider shall comply with those laws.
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