Delaware Viatical Settlements Act
Delaware · Insurance Code · §§ 18-7501 to 18-7520 · 20 sections
Overview
The Viatical Settlements Act governs the sale or transfer of a life insurance policy by its owner to a third party in exchange for compensation, and regulates the providers and brokers who fund and arrange those transactions. It establishes a licensing regime — covering application, bonding, broker training, and grounds for denial or revocation — requires settlement contracts and disclosure statements to be approved before use, and mandates disclosures to both the policy owner and the issuing insurer. It further imposes reporting, privacy, advertising, and fraud-prevention obligations, prohibits specified practices and conflicts of interest, and backs those requirements with examination and investigation authority, injunctive and civil remedies, cease-and-desist powers, criminal penalties, and treatment of violations as unfair trade practices.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Del. Code tit. 18, § 7501Short title
- Del. Code tit. 18, § 7502Definitions
- Del. Code tit. 18, § 7503License and bond requirements
- Del. Code tit. 18, § 7504License revocation and denial
- Del. Code tit. 18, § 7505Approval of viatical settlement contracts and disclosure statements
- Del. Code tit. 18, § 7506Reporting requirements and privacy
- Del. Code tit. 18, § 7507Examination or investigations
- Del. Code tit. 18, § 7508Disclosure to viator
- Del. Code tit. 18, § 7509Disclosure to insurer
- Del. Code tit. 18, § 7510General rules
- Del. Code tit. 18, § 7511Prohibited practices
- Del. Code tit. 18, § 7512Prohibited practices and conflicts of interest
- Del. Code tit. 18, § 7513Advertising for viatical settlements
- Del. Code tit. 18, § 7514Fraud prevention and control
- Del. Code tit. 18, § 7515Injunctions; civil remedies; cease and desist
- Del. Code tit. 18, § 7516Authority to promulgate regulations
- Del. Code tit. 18, § 7517Unfair trade practices
- Del. Code tit. 18, § 7518Nonpreemption of requirements under the Delaware Securities Act
- Del. Code tit. 18, § 7519Severability
- Del. Code tit. 18, § 7520Effective date
Enacted in other states
Colorado, Iowa, Illinois, North Carolina, New Mexico, West Virginia
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