Viatical Settlements Act
Iowa · Viatical Settlement Contracts · §§ 508E.1 to 508E.9 · 22 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.
In the courts
Sections of this act have been cited in 3 court decisions.
Most-cited authority: 827 FSUPP2D 1235 - Carton v. B & B EQUITIES GROUP, LLC
Sections covered
- Iowa Code § 508E.1Short title
- Iowa Code § 508E.10General rules
- Iowa Code § 508E.11Prohibited practices
- Iowa Code § 508E.12Permitted practices
- Iowa Code § 508E.13Prohibited practices and conflicts of interest
- Iowa Code § 508E.14Advertising for viatical settlements
- Iowa Code § 508E.15Fraud prevention and control1 cite
- Iowa Code § 508E.16Injunctions — civil remedies — cease and desist orders — civil penalty
- Iowa Code § 508E.17Unfair trade practices
- Iowa Code § 508E.18Criminal penalties
- Iowa Code § 508E.19Authority to promulgate rules
- Iowa Code § 508E.1AAuthority of the commissioner
- Iowa Code § 508E.2Definitions2 cites
- Iowa Code § 508E.20Public records
- Iowa Code § 508E.3License requirements
- Iowa Code § 508E.3AImmunity from liability. Repealed by
- Iowa Code § 508E.4License revocation and denial
- Iowa Code § 508E.5Approval of viatical settlement contracts and disclosure statements
- Iowa Code § 508E.6Reporting requirements and privacy
- Iowa Code § 508E.7Examination or investigations
- Iowa Code § 508E.8Disclosure to viator
- Iowa Code § 508E.9Disclosure to insurer
Enacted in other states
Colorado, Delaware, Illinois, North Carolina, New Mexico, West Virginia
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