Tennessee Viatical Settlement Act
Tennessee · Insurance · §§ 56-50-101 to 56-50-117 · 17 sections
Overview
The act regulates viatical settlements — transactions in which the owner of a life insurance policy transfers it to another party in exchange for payment — and the businesses that arrange and fund them. It establishes a licensing regime for viatical settlement providers, covering application and issuance, expiration and renewal, notice of changes affecting a licensee's qualifications, and grounds for suspension, revocation, or refusal to license, backed by authority to examine a licensee's records and business practices and to require annual reports, bonding, and implementing rules. It also governs the transactions themselves, setting required contract terms and conditions that must be satisfied before a settlement is entered into, mandating disclosures to both the policyholder and to purchasers of settlement interests, requiring funds to pass through an escrow or trust account, and prohibiting practices such as finder's fees, false or misleading advertising and solicitation, discrimination, and misuse of confidential information.
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 2 court decisions.
Most-cited authority: 238 N.J. 157 - Sun Life Assurance Company of Canada v. Wells Fargo Bank NA (080669) (Statewide)
Sections covered
- Tenn. Code Ann. § 56-50-101Scope and short title
- Tenn. Code Ann. § 56-50-102Chapter definitions2 cites
- Tenn. Code Ann. § 56-50-103License and bond requirements
- Tenn. Code Ann. § 56-50-104License revocation and denial
- Tenn. Code Ann. § 56-50-105Approval of viatical settlement contracts and disclosure statements
- Tenn. Code Ann. § 56-50-106Reporting requirements and privacy
- Tenn. Code Ann. § 56-50-107Examination or investigations
- Tenn. Code Ann. § 56-50-108Disclosure to viator
- Tenn. Code Ann. § 56-50-109Disclosure to insurer
- Tenn. Code Ann. § 56-50-110General rules
- Tenn. Code Ann. § 56-50-111Prohibited practices
- Tenn. Code Ann. § 56-50-112Prohibited practices and conflicts of interest
- Tenn. Code Ann. § 56-50-113Advertising for viatical settlements and viatical settlement purchase agreements
- Tenn. Code Ann. § 56-50-114Fraud prevention and control
- Tenn. Code Ann. § 56-50-115Injunctions — Civil remedies — Cease and desist
- Tenn. Code Ann. § 56-50-116Unfair trade practices
- Tenn. Code Ann. § 56-50-117Authority to promulgate regulations
Enacted in other states
All Tennessee named statutes →
Download
Copy
Embed on your site
Hover to preview · click to copy the code