1. (1) In this section, settlor means a person who executes a trust instrument. The term includes a person for which a fiduciary or agent is acting.

2. (2) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy issued:

   1. (a) The insured is:

      1. (I) A settlor of the trust; or
      2. (II) An individual in whom a settlor of the trust has, or would have had if living at the time the policy was issued, an insurable interest; and

   2. (b) The life insurance proceeds are primarily for the benefit of one or more trust beneficiaries that have:

      1. (I) An insurable interest in the life of the insured; or

      2. (II) A substantial interest engendered by love and affection in the continuation of the life of the insured and, if not already included pursuant to subsection (2)(b)(I) of this section, who are:

         1. (A) Related within the fifth degree or closer, as measured by the civil law system of determining degrees of relation, either by blood or law, to the insured;
         2. (B) Stepchildren of the insured or their descendants; or
         3. (C) Individuals who are designated as beneficiaries of insurance policies for life insurance coverage on the life of the insured under a designated beneficiary agreement executed pursuant to article 22 of this title 15.
3. (3) This section does not limit or abridge any insurable interest or right to insure under the common law or any other statute.

Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1152, § 1, effective January 1, 2019.