Kansas State Guidelines

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CURRENT LEGISLATION

REGUALTORY FORMS:

Application for Viatical Representative/Broker License VL-1

Application Guidelines

Guidelines for answering question 6 on Background Information.

Kansas Insurance Department Viatical Company Appointment/Cancellation Form

Relevant State Departments of Insurance Contact Info

Kansas Insurance Department
1300 SW Arrowhead Road
Topeka, Kansas 66604

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TYPE OF LICENSE:  LIFE SETTLEMENT (USES VIATICAL TERMINOLOGY)

WHAT DOES THE STATE DEFINE AS CONTESTABLE?: 2 YEARS

WHAT IS THE REQUIRED HOLDING PERIOD?: 2 YEARS. See: K.S.A. § 40-5010.

WHEN DOES LICENSE NEED TO BE RENEWED?:See: K.S.A. § 40-5003(c). Licenses for viatical settlement providers may be renewed from year to year on the anniversary date upon payment of the annual renewal fee of $500.

IS BROKER COMPENSATION DISCLOSURE REQUIRED?: YES. See: K.S.A. § 40-5008(b)(3).

IS THERE A MINIMUM PAYMENT REQUIREMENT?: NO

WHEN DOES THE MONEY NEED TO BE IN ESCROW?: K.S.A. § 40-5009a(d). The viatical settlement provider shall instruct the viator to send the executed documents required to effect the change in ownership, assignment or change in beneficiary directly to the independent escrow agent. Within three business days after the date the escrow agent receives the document, or from the date the viatical settlement provider receives the documents, if the viator
erroneously provides the documents directly to the provider, the provider shall pay or transfer the proceeds of the viatical settlement into an escrow or trust account maintained in a state or federally-chartered financial institution whose deposits are insured by the federal deposit insurance corporation. Upon payment of the settlement proceeds into the escrow account, the escrow agent shall deliver the original change in ownership, assignment or change in
beneficiary forms to the viatical settlement provider or related provider trust. Upon the escrow agent’s receipt of the acknowledgment of the properly completed transfer of ownership, assignment or designation of beneficiary from the
insurance company, the escrow agent shall pay the settlement proceeds to the viator.

IS THERE A NOTICE REQUIREMENT TO THE INSURED AFTER THE SALE?: NO

IS THERE A NOTICE REQUIREMENT TO THE CARRIER BEFORE/AFTER THE SALE?: YES – K.S.A. § 40-5009a(a)(2). Within 20 days after a viator executes documents necessary to transfer any rights under an insurance policy or within 20 days of entering any agreement, option, promise or any other form of understanding, expressed or implied, to viaticate the policy, the viatical settlement provider shall give written notice to the insurer that issued that insurance policy that the policy has or will become a viaticated policy. The notice shall be accompanied by the documents required by paragraph (3).

K.S.A. § 40-5009a(a)(3). The viatical settlement provider shall deliver a copy of the medical release required under clause (B) of paragraph (1), a copy of the viator’s application for the viatical settlement contract, the notice required under paragraph (2) and a request for verification of coverage to the insurer that issued the life policy that is the subject of the viatical transaction. The form for verification shall be developed by the commissioner.

WHAT IS THE RESCISSION PERIOD?: K.S.A. § 40-5009a(c). All viatical settlement contracts entered into in this state shall provide the viator with an unconditional right to rescind the contract for at least 15 calendar days from the receipt of the viatical settlement proceeds. If the insured dies during the rescission period, the viatical settlement contract shall be deemed to have been rescinded, subject to repayment to the viatical settlement provider or purchaser of all viatical settlement proceeds, and any premiums, loans and loan interest that have been paid by the viatical settlement provider or purchaser.

IS THERE A VOC REQUIREMENT (OWN/STATE/NAIC FORM)?: – STATE – K.S.A. § 40-5009a(a)(3) and (4). The form for verification shall be developed by the commissioner.