IMPORTANT
READ THIS DISCLOSURE DOCUMENT BEFORE SIGNING A LIFE SETTLEMENT CONTRACT.
You should carefully read the following information and seek financial, insurance, tax and other advice where
appropriate.
You, the owner, or the insured may have possible alternatives to life settlement contracts, such as accelerated death
benefits or policy loans offered by the issuer of the life insurance policy.
2. A life settlement broker represents exclusively, you, the owner, and not the insurer, the life settlement provider or any
other person, and owes a fiduciary duty to you, including a duty to act according to the owner’s instructions and in your
best interest.
3. Some or all of the proceeds of a life settlement may be taxable under federal and state law. You should seek advice from
a professional tax advisor.
4. Proceeds from a life settlement contract could be subject to the claims of creditors.
5. Receipt of the proceeds from a life settlement contract may adversely affect the recipient’s eligibility for public
assistance or other government benefits or entitlements, and advice should be obtained from the appropriate agencies.
6. A change of ownership of a life insurance policy could limit the insured’s ability to purchase future insurance on the
insured’s life because there is a limit to how much life insurance coverage insurers will issue on one life.
7. Entering into a life settlement contract may cause other rights or benefits, including conversion rights and waiver of
premium benefits that may exist under the life insurance policy or certificate of a group policy, to be forfeited by the
owner. You should seek assistance from a professional financial advisor.
8. The insured may be contacted by either the life settlement provider or its authorized representative for the purpose of
determining the insured’s health status or to verify the insured’s address. The contacts shall be limited to once every
three months if the insured has a life expectancy of more than one year, and no more than once per month if the insured
has a life expectancy of one year or less.
9. You, the owner, have the right to rescind (cancel) a life settlement contract from the time of execution of the contract
until fifteen days after you receive the life settlement proceeds.
10. The life settlement provider or life settlement broker is required to provide an owner during the solicitation process with
a consumer information booklet in a form prescribed by the superintendent, or other similar material, subject to the
approval of the superintendent.
11. You the owner, will be provided with the following information:
– the gross offer or bid that the life settlement provider shall pay pursuant to the life settlement contract;
– the net amount to be paid to the owner pursuant to the life settlement contract;
– the name of each life settlement broker, life settlement intermediary, insurance producer or insurance consultant that
will be compensated by the life settlement provider, or any affiliate, parent corporation, or subsidiary of the life
settlement provider pursuant to the life settlement contract; and
– the amount of compensation that the life settlement provider, or any affiliate, parent corporation or subsidiary of the
life settlement provider, shall provide to a life settlement broker, life settlement intermediary, insurance producer or
insurance consultant, or any affiliate, parent corporation or subsidiary of such broker, intermediary, producer, or
consultant pursuant to the life settlement contract.
“Gross offer or bid” means the total amount or value offered by the life settlement provider for the purchase of one or
more life insurance policies, inclusive of commissions and fees.
12. The escrow agent or trustee must transfer the net proceeds under the life settlement contract to you, the owner, within
three business days after the life settlement provider has received the insurer or group administrator’s acknowledgment
that ownership of the life insurance policy or interest in the certificate has been transferred and the beneficiary has been
designated in accordance with the termination of the life settlement contract.
13. The life settlement provider must provide you, the owner with the name, business address, telephone number and e-mail
address of the independent third-party escrow agent or trustee. You have the right to inspect or receive copies of the
relevant escrow or trust agreements or documents.
14. The life settlement provider must provide you, the owner, with the date by which the funds will be available to you and
the transmitter of the funds has the right to know any affiliations or contractual arrangements with any other life
settlement provider, life settlement broker, life settlement intermediary or party financing the transaction.
15. The life settlement provider must tell you, the owner, about any affiliations or contractual arrangements between it and
the issuer of the life insurance policy to be settled.
16. The life settlement provider must tell you, the owner, about any affiliations or contractual arrangements with any other
life settlement provider, life settlement broker, life settlement intermediary or party financing the transaction.
17. The life settlement provider must provide you, the owner, with the name, business address, telephone number and e-mail
address of the life settlement provider.