(a) A person shall not use a viatical settlement contract form or provide a disclosure statement form to a viator in this state unless it has been filed with and approved by the commissioner. The commissioner shall disapprove a viatical settlement contract form, disclosure statement form or any provision contained therein if, in the commissioner's opinion, the contract, disclosure form or any provision contained therein fail to meet the requirements of section eight, ten, thirteen or fourteen of this article, is unreasonable, is contrary to the interests of the public or is otherwise misleading or unfair to the viator. At the commissioner's discretion, the commissioner may require the submission of advertising material.
(b) Forms required to be filed are subject to the provisions of section eight, article six of this chapter and shall be deemed "forms for noncommercial insurance". The commissioner shall establish fees for form filings by rule, including emergency rule.
Structure West Virginia Code
Article 13C. Viatical Settlements Act
§33-13C-3. License and Bond Requirements
§33-13C-4. License Revocation and Denial
§33-13C-5. Approval of Viatical Settlement Contracts and Disclosure Statements
§33-13C-6. Reporting Requirements and Privacy
§33-13C-7. Examination or Investigation
§33-13C-8. Disclosure to Viator
§33-13C-9. Disclosure to Insurer
§33-13C-11. Prohibited Practices
§33-13C-12. Prohibited Practices and Conflicts of Interest
§33-13C-13. Advertising for Viatical Settlements
§33-13C-14. Fraud Prevention and Control
§33-13C-15. Injunctions; Civil Remedies; Cease and Desist
§33-13C-16. Criminal Penalties