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- Alaska Statutes.
- Title 21. Insurance
- Chapter 89. Miscellaneous Provisions
- Section 110. Viatical Settlement Transactions.
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. Appointment of Independent Counsel; Conflicts of Interest; Settlement.
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. General Provisions
AS 21.89.110. Viatical Settlement Transactions.
- (a) The director shall regulate the transaction of viatical settlement contracts for the protection of viators, insureds,
and insurers. The authority of the director under this subsection extends to the regulation of transactions between a
viator and a viatical settlement provider and between a viator and a person acting as an agent in viaticating a life
insurance policy, while the authority of the commissioner extends to the regulation of viatical settlement investments
as provided under AS 45.55.905
- (b) A viatical settlement provider, representative, or broker must apply for a license with the director, submit
information required by the director, and pay the required fee established under AS 21.06.250
with the application for licensure. A person may not act as or represent to be a viatical settlement provider,
representative, or broker relative to a subject resident, located, or to be performed in this state unless licensed
under this section.
- (c) Viatical settlement contract forms, viator and insured disclosure statements, and viatical settlement advertising
materials must be filed by the viatical settlement provider, representative, or broker with the director and must be
approved by the director.
- (d) The director may examine a licensed viatical settlement provider, representative, or broker, or an applicant for a
viatical settlement provider, representative, or broker license. The cost of the examination shall be paid by the
person examined under AS 21.06.160
- (e) Except as may be required in the course of conduct of the division's responsibilities, a viatical settlement provider,
representative, or broker may not disclose to another person the identity of the viator or insured of an insurance
policy that is the subject of a viatical settlement contract. The viator may waive this prohibition against disclosure
if the waiver is in writing and is signed by the viator.
- (f) The director may adopt regulations to implement this section, including standards for
- (1) viatical settlement provider, representative, and broker reporting requirements and records retention;
- (2) viator and insured privacy protection;
- (3) viatical settlement contract provisions, advertising materials, and filing requirements;
- (4) payments to viators or insureds, including evaluating the reasonableness of payments under a viatical settlement
- (5) licensing requirements, including license qualification, disqualification, and renewal;
- (6) financial accountability of viatical settlement providers;
- (7) the relationship and responsibilities of insurers, viators, insureds, and viatical settlement providers,
representatives, and brokers in the transaction of a viatical settlement contract;
- (8) viator, insured, and insurer protection, including full and fair disclosure setting out the manner and content of
required disclosures and filing requirements; and
- (9) assessment of fees to cover the cost of regulating viatical settlement contracts, providers, representatives, and
- (g) A violation of this section or a regulation adopted under this section is an unfair trade practice and subject to
penalty under AS 21.36.
- (h) In this section,
- (1) "transaction" means, with respect to viatical settlement contracts,
- (A) solicitation and inducement;
- (B) preliminary negotiations;
- (C) effectuation of a viatical settlement contract;
- (D) transaction of matters subsequent to the effectuation of the viatical settlement contract and arising out of it;
- (2) "viatical settlement broker"
- (A) means a person that, on behalf of a viator or insured and for a fee, commission, or other valuable consideration,
offers or attempts to negotiate viatical settlement contracts between a viator or insured and one or more viatical
- (B) does not include a person acting as an attorney or accountant retained to represent a viator or insured and
compensated by or at the direction of the viator or insured;
- (3) "viatical settlement contract"
- (A) means a written agreement between a viator or insured and a viatical settlement provider for the sale, assignment,
transfer, devise, or bequest to the viatical settlement provider by the viator or insured of all or a portion of the
death benefit or ownership of a life insurance policy for consideration that is less than the expected death benefit of
the life insurance policy;
- (B) includes a contract for a loan or other financial transaction secured primarily by an individual or group life
- (C) does not include
- (i) a loan by a life insurance company under the terms of a life insurance contract;
- (ii) a loan secured by the cash value of a policy;
- (iii) the assignment of a life insurance policy as collateral for a loan to a bank, saving bank, savings and loan
association, credit union, or other licensed lending institution;
- (iv) the exercise by the viator or insured of an accelerated benefits provision under the terms of the life insurance
- (v) the sale, assignment, transfer, devise, or bequest of a life insurance policy for less than the expected death benefit
by a viator or insured to a friend or family member if the friend or family member does not enter into more than one
agreement in a calendar year;
- (4) "viatical settlement provider" means a person, other than a viator or insured, that enters into a viatical settlement
contract, including a person that
- (A) obtains financing for the purchase, acquisition, transfer, or other assignment of one or more viatical settlement
contracts, viaticated policies, or interests in viatical settlement contracts or viaticated policies; or
- (B) sells, assigns, transfers, pledges, hypothecates, or disposes of one or more viatical settlement contracts, viaticated
policies, or interests in viatical settlement contracts or viaticated policies;
- (5) "viatical settlement representative"
- (A) means a person that is an authorized agent of a viatical settlement provider or broker and that acts or aids in any
manner in the transaction of a viatical settlement contract;
- (B) does not include
- (i) a person acting as an attorney or an accountant, or a person exercising a power of attorney granted by a viator or
- (ii) a person retained to represent a viator or insured and compensated by or at the direction of the viator or insured;
- (6) "viaticated policy" means a life insurance policy that has been acquired by a viatical settlement provider under a
viatical settlement contract;
- (7) "viator" means the owner of a life insurance policy insuring the life of an individual who enters or seeks to enter
into a viatical settlement contract.
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