(1) It is a violation of this part 6 for a person to enter into a viatical settlement contract within a two-year period commencing with the date of issuance of the policy unless the viator certifies to the viatical settlement provider that one or more of the following conditions has been met within the two-year period:
The policy was issued upon the viator's exercise of conversion rights arising out of agroup or individual policy, if the total of the time covered under the conversion policy plus the time covered under the prior policy is at least twenty-four months. The time covered under a group policy shall be calculated without regard to a change in insurance carriers if the coverage has been continuous and under the same group sponsorship.
The viator submits independent evidence to the viatical settlement provider that oneor more of the following conditions has been met within the two-year period:
The viator or insured is terminally or chronically ill; or
The viator or insured disposes of his or her ownership interests in a closely heldcorporation pursuant to the terms of a buyout or other similar agreement in effect at the time the insurance policy was initially issued.
Copies of the independent evidence described in paragraph (b) of subsection (1) ofthis section and documents required must be submitted to the insurer when the viatical settlement provider submits a request to the insurer for verification of coverage. The copies shall be accompanied by a letter of attestation from the viatical settlement provider that the copies are true and correct copies of the documents received by the viatical settlement provider.
If the viatical settlement provider submits to the insurer a copy of independent evidence provided for in paragraph (b) of subsection (1) of this section when the viatical settlement provider submits a request to the insurer to effect the transfer of the policy to the viatical settlement provider, the copy is deemed to conclusively establish that the viatical settlement contract satisfies the requirements of this section and the insurer shall respond timely to the request.
Source: L. 2005: Entire part added, p. 1313, § 1, effective January 1, 2006.