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DE SB145

Bill

Status

Passed

7/8/2009

Primary Sponsor

Bryon Short

Click for details

Origin

Senate

145th General Assembly

AI Summary

  • Repeals Delaware's 1999 Viatical Settlements Act and replaces it with a comprehensive Life Settlements Act based on the National Conference of Insurance Legislators (NCOIL) Model Act, which has been adopted by 21 states.

  • Requires all persons engaged in life settlements business to obtain licenses from the Insurance Commissioner, including Providers (who purchase policies) and Brokers (who negotiate contracts on behalf of policy owners).

  • Establishes detailed consumer protections including mandatory disclosures, a 15-day rescission period, prohibition on marketing policies specifically for settlement purposes, and restrictions on contacts with insureds regarding health status.

  • Defines and prohibits fraudulent life settlement acts, requires anti-fraud plans and reporting of suspected fraud to the Commissioner, and provides immunity for good-faith fraud reporting.

  • Restricts life settlement contracts for policies issued less than 2 years prior unless the owner meets specific conditions such as terminal/chronic illness, job loss, divorce, or other qualifying life events, with limited exceptions for policy conversions.

Legislative Description

An Act To Amend Title 5 Of The Delaware Code Relating To Banks And Other Financial Institutions.

Last Action

Signed by Governor

7/8/2009

Committee Referrals

Economic Development/Banking/Insurance/Commerce6/17/2009
Banking6/4/2009

Full Bill Text

No bill text available