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AL SB445
Bill
Status
2/18/2010
Primary Sponsor
Rodger Smitherman
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AI Summary
SB445 Summary: Life Settlements Act
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Establishes licensure requirements for providers and brokers of life settlement contracts, with the Commissioner of Insurance overseeing regulation, enforcement, and fee structures.
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Requires life settlement contracts and forms to be filed with and approved by the commissioner; prohibits use of unapproved forms and mandates annual reporting by providers on settled policies.
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Mandates comprehensive written disclosures to policy owners including rescission rights (30 days), tax implications, creditor claims, government benefits impacts, and required fraud warnings on all applications and contracts.
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Prohibits transactions within 2 years of policy issuance with limited exceptions (terminal/chronic illness, ownership changes, retirement, bankruptcy); requires verification of coverage from insurers within 30 days and escrow accounts for settlement proceeds.
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Establishes criminal penalties (Class A misdemeanor for fraudulent acts) and civil penalties (up to $10,000 per violation), with license revocation for fraudulent conduct and allow injured parties to pursue civil damages.
Legislative Description
Life settlement contracts, providers, licensure and regulation, enforcement by Commissioner of Insurance Department, criminal and civil penalties, Life Settlements Act
Life Settlement Contracts
Last Action
Pending third reading on day 21 Favorable from Tourism and Marketing with 1 substitute
4/14/2010