Viatical Settlement Agreement Template for United States

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Key Requirements PROMPT example:

Viatical Settlement Agreement

"Need a Viatical Settlement Agreement for a $500,000 life insurance policy sale, where the viator is terminally ill and requires expedited processing, with closing targeted for March 2025."

Document background
A Viatical Settlement Agreement is utilized when a policyholder, typically with a terminal illness or advanced age, wishes to monetize their life insurance policy during their lifetime. This legal instrument, regulated by both federal and state laws in the United States, facilitates the transfer of policy ownership in exchange for a immediate payment. The agreement must comply with the NAIC Viatical Settlements Model Act and state-specific regulations, including mandatory disclosures, cooling-off periods, and specific provisions protecting the viator's interests. It includes comprehensive details about the policy transfer, payment terms, representations and warranties, and ongoing obligations of all parties involved.
Suggested Sections

1. Parties: Identification of the viator (policy owner) and the viatical settlement provider

2. Background/Recitals: Context of the agreement, including details of the life insurance policy being sold

3. Definitions: Key terms used in the agreement including 'Policy', 'Purchase Price', 'Insured', 'Beneficiary'

4. Purchase and Sale: Core transaction terms including purchase price and transfer of rights

5. Representations and Warranties: Statements of fact by both parties regarding their capacity, authority, and policy status

6. Payment Terms: Details of how and when the purchase price will be paid

7. Change of Ownership: Process for transferring policy ownership and beneficiary designation

8. Confidentiality: Privacy provisions regarding medical and personal information

Optional Sections

1. Escrow Arrangements: Terms for handling funds through escrow when using third-party escrow services

2. Broker Provisions: Terms relating to broker involvement and compensation when a broker is involved in the transaction

3. Medical Authorization: Authorization to access medical records when ongoing medical information access is required

Suggested Schedules

1. Schedule A - Policy Details: Detailed information about the life insurance policy being sold

2. Schedule B - Purchase Price Calculation: Breakdown of the purchase price and any adjustments

3. Appendix 1 - Required State Disclosures: State-mandated disclosures and notices

4. Appendix 2 - Medical Release Forms: HIPAA and other medical information release authorizations

5. Appendix 3 - Broker Disclosure Form: Required broker disclosures and compensation details

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

Federal Securities Act 1933: Federal regulation that governs viatical settlements as they may be classified as securities, requiring registration and disclosure requirements

Securities Exchange Act 1934: Federal law governing secondary market trading of viatical settlements and related securities

Internal Revenue Code Section 101(g): Federal tax regulation specifying the tax treatment of proceeds from viatical settlements

NAIC Viatical Settlements Model Act: Model legislation providing framework for state regulation of viatical settlements, including licensing, disclosure, and consumer protection provisions

NCOIL Life Settlements Model Act: Alternative model legislation for states regarding the regulation of life and viatical settlements

State Licensing Requirements: State-specific regulations governing licensing of viatical settlement providers, brokers, and third-party administrators

HIPAA Compliance: Federal privacy regulations protecting medical information disclosure in viatical settlement transactions

State Privacy Laws: State-specific regulations governing the protection of personal and medical information in viatical settlements

Consumer Protection Provisions: Regulations including cooling-off periods, anti-fraud measures, and fair market value requirements to protect viators

Required Contract Provisions: Mandatory contractual elements including escrow arrangements, payment terms, and ownership transfer procedures

Disclosure Requirements: Mandatory disclosures regarding financial implications, alternatives, rescission rights, beneficiary impacts, and tax consequences

State Insurance Codes: State-specific regulations governing insurance aspects of viatical settlements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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