Monday, April 29, 2019

Final review 8 - Life settlement

Chapter Recap

In this chapter you learned about life settlements. Let’s recap the key terms and definitions, as well as producer licensing and conduct regulations:

GENERAL CONCEPTS
Life Settlement
  • Owner of a life insurance contract sells a policy that is no longer needed to a third party
  • Separate contract required
Parties to a Life Settlement
  • Owner - seeks to enter into a life settlement contract
  • Life Settlement Broker - solicits or negotiates life settlement contracts for compensation; must be properly licensed
  • Life Settlement Provider - enters into a life settlement contract with the owner; must be properly licensed
LICENSING REQUIREMENTS 
Life Settlement Broker
  • Must be at least 18 years old, be trustworthy and competent, submit application, complete prelicensing education, pass licensing exam, pay required fees, and submit fingerprints
  • Receive approval 
Fingerprinting 
  • Required for life settlement brokers and providers
  • Submitted to the Division of Criminal Justice and to the FBI for national background check 
PROHIBITED PRACTICES 
Stranger-Originated Life Insurance (STOLI)
  • A person with no insurable interest originates a life insurance contract on another person;
  • STOLIs are prohibited because they violate the concept of insurable interest;
  • Life settlement contracts are not STOLIs 
Prohibited Practices
  • Intentional deception or fraud;
  • Avoiding disclosure of material information;
  • Receiving consideration other than normal commissions or fees;
  • Acting as a life settlement broker or intermediary while having an interest that policy (conflict of interest);
  • Transacting life settlements without a proper license;
  • Not remitting proceeds required by contract to the owner;
  • Paying finder's fees or any other compensation to any owner's physician, attorney, accountant, insurance producer or consultant, or other person acting in these capacities;
  • Paying life settlement broker's fees before they have been fully disclosed; and
  • Paying life settlement payments in installments.