New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 4 - ACTUARIAL SERVICES
Subchapter 35 - VIATICAL SETTLEMENTS
Section 11:4-35.16 - Disclosure

Universal Citation: NJ Admin Code 11:4-35.16

Current through Register Vol. 56, No. 6, March 18, 2024

(a) A disclosure document containing the disclosures required in N.J.S.A. 17B:30B-8 and this subchapter shall be provided to the viator before or concurrent with taking an application for a viatical settlement contract.

(b) The disclosure document shall contain the following language: "All medical financial or personal information solicited or obtained by a viatical settlement provider or viatical settlement broker about a viator and insured, including the viator and insured's identity or the identity of family members, a spouse or a significant other, is confidential." The information shall not be disclosed in any form to any person, unless disclosure:

1. Is necessary to effect the viatical settlement between the viator and the viatical settlement provider; and

2. Prior written consent to the disclosure has been provided by the viator or the insured, or both, depending upon whom the disclosure affects.

(c) The disclosure document shall include a statement advising the viator and insured that the information may be provided to financing entities including individual and institutional purchasers.

(d) A disclosure statement shall contain the following language: "A brochure entitled 'Selling Your Life Insurance Policy: Understanding Viatical Settlements' may be obtained, upon request, from the Department in cooperation with the National Association of Insurance Commissioners."

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