Wash. Rev. Code § 48.102.001
Short title
This chapter may be cited as the "life settlements act."
Revised Code of Washington Chapter 48.102 — Life Settlements Act
Washington · statute · Wash. Rev. Code ch. 48.102 · 22 active provisions
Wash. Rev. Code § 48.102.006
Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Advertisement" means any written, electronic, or printed communication or any communication by means of recorded telephone messages or transmitted on radio, television, the internet, or similar communication…
Wash. Rev. Code § 48.102.011
Licensing requirements for providers
(1) A person, wherever located, may not act as a provider with an owner who is a resident of this state or if there is more than one owner on a single policy and one of the owners is a resident of this state, without first having obtained a license from the commissioner.(2) An application for a provider license must be…
Wash. Rev. Code § 48.102.021
Licensing requirements for brokers
(1) Only a life insurance producer who has been duly licensed as a resident insurance producer with a lifeline of authority in this state or his or her home state for at least one year and is licensed as a nonresident producer in this state is permitted to operate as a broker.(2) Not later than thirty days from the fir…
Wash. Rev. Code § 48.102.031
License suspension, revocation, or refusal to renew—Fines
(1) If the commissioner finds that a broker:(a) Committed a fraudulent life settlement act;(b) Or any officer, partner, member, or director has been guilty of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent to act as a licensee;(c)…
Wash. Rev. Code § 48.102.041
Contract requirements
(1) A person may not use any form of life settlement contract in this state unless it has been filed with and approved, if required, by the commissioner in a manner that conforms with the filing procedures and any time restrictions or deeming provisions, if any, for life insurance forms, policies, and contracts.(2) An…
Wash. Rev. Code § 48.102.046
Reporting requirements and record retention
(1) Each provider shall file with the commissioner on or before March 1 of each year an annual statement containing such information as the commissioner may prescribe by rule. In addition to any other requirements, for any policy settled within five years of policy issuance, the annual statement shall specify the total…
Wash. Rev. Code § 48.102.051
Privacy
(1) Except as otherwise allowed or required by law, a provider, broker, purchaser, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity, shall not disclose the identity of an insured or information that there is a reasona…
Wash. Rev. Code § 48.102.061
Examination
(1) Any life settlement provider, broker, or person licensed or regulated by this chapter shall be subject to the provisions of chapters 48.03 and 48.37 RCW, except as otherwise explicitly exempted or modified in this chapter.(2) For the purpose of ascertaining its condition, or compliance with this title, the commissi…
Wash. Rev. Code § 48.102.070
Advertising
(1) A broker, or provider licensed pursuant to this chapter, may conduct or participate in advertisements within this state. These advertisements shall comply with all advertising and marketing laws or rules adopted by the commissioner that are applicable to life insurers or to brokers, and providers licensed pursuant…
Wash. Rev. Code § 48.102.080
Disclosures to owners
(1) The provider or broker shall provide in writing, or require the broker to provide, in a separate document that is signed by the owner and provider or broker, the following information to the owner no later than the date of application for a life settlement contract:(a) The fact that possible alternatives to life se…
Wash. Rev. Code § 48.102.090
Disclosure by insurer
In addition to other questions an insurance carrier may lawfully pose to a life insurance applicant, insurance carriers may inquire in the application for insurance whether the proposed owner intends to pay premiums with the assistance of financing from a lender that will use the policy as collateral to support the fin…
Wash. Rev. Code § 48.102.100
Notice to insured of alternative transactions—Document approved by commissioner
(1) With respect to each policy issued by an insurance company, the insurance company shall notify the owner of an individual life insurance policy when the insured person under such a policy is age sixty or older, or is known to be terminally ill or chronically ill, that there may be alternative transactions available…
Wash. Rev. Code § 48.102.110
General rules
(1) A provider entering into a life settlement contract with any owner of a policy, wherein the insured is terminally or chronically ill, shall first obtain:(a) If the owner is the insured, a written statement from a licensed attending physician that the owner is of sound mind and under no constraint or undue influence…
Wash. Rev. Code § 48.102.120
Conflict of laws
(1) If there is more than one owner on a single policy, and the owners are residents of different states, the life settlement contract shall be governed by the law of the state in which the owner having the largest percentage ownership resides or, if the owners hold equal ownership, the state of residence of one owner…
Wash. Rev. Code § 48.102.130
Prohibited practices
(1) It is unlawful for any person to:(a) Enter into a life settlement contract if such person knows or reasonably should have known that the life insurance policy was obtained by means of a false, deceptive or misleading application for such policy;(b) Engage in any transaction, practice, or course of business if such…
Wash. Rev. Code § 48.102.140
Fraud prevention and control
(1)(a) A person shall not commit a fraudulent life settlement act.(b) A person shall not knowingly and intentionally interfere with the enforcement of this chapter or investigations of suspected or actual violations of this chapter.(c) A person in the business of life settlements shall not knowingly or intentionally pe…
Wash. Rev. Code § 48.102.150
Enforcement
(1) The commissioner may conduct investigations to determine whether any person has violated any provision of this chapter.(2) If the commissioner has cause to believe that any person is violating or is about to violate any provision of this title or any regulation or order of the commissioner, the commissioner may:(a)…
Wash. Rev. Code § 48.102.160
Penalties
(1) For the purpose of this section, an act is committed in this state if it is committed, in whole or in part, in the state of Washington, or affects persons or property within this state and relates to or involves a life settlement contract.(2) It is a violation of this chapter for any person, provider, broker, or an…
Wash. Rev. Code § 48.102.170
Authority to adopt rules
The commissioner may adopt rules implementing and administering this chapter including, but not limited to:(1) Establishing standards for evaluating reasonableness of payments under life settlement contracts for persons who are terminally ill or chronically ill including, but not limited to, regulation of discount rate…
Wash. Rev. Code § 48.102.180
Unfair trade practices
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or dec…
Wash. Rev. Code § 48.102.193
Existing rights or liabilities—July 26, 2009
Chapter 104, Laws of 2009 does not affect any existing right acquired or liability or obligation incurred under the sections repealed in chapter 104, Laws of 2009 or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.