Nev. Rev. Stat. ch. 688C – Viatical Settlements | Midpage688C.010Definitions688C.020“Advertising” defined688C.030“Broker of viatical settlements” defined688C.040“Business of viatical settlements” defined688C.050“Chronically ill” defined688C.060“Financing agent” defined688C.070“Policy” defined688C.080“Provider of viatical settlements” defined688C.090“Purchaser of viatical settlements” defined688C.095“Rescission period” defined688C.100“Special organization” defined688C.110“Terminally ill” defined688C.130“Viatical settlement” defined688C.133“Viatical settlement investment” defined688C.135“Viatical settlement investment agent” and “investment agent of viatical settlements” defined688C.137“Viatical settlement purchase agreement” defined688C.140“Viaticated policy” defined688C.150“Viator” defined688C.160Governing law when residents of different states are viators or purchasers of viatical settlements with respect to single policy688C.170Regulations688C.175Applicability of other provisions688C.180Examinations and investigations by Commissioner688C.190License to operate as investment agent or provider or broker of viatical settlements: Required application; renewal; expiration; fees; information regarding certain persons; effect; exception688C.200Investigation of applicant; issuance of license; requirements regarding evidence of financial responsibility; requirements regarding service of process for nonresident; provision of certain new or revised information to Commissioner688C.210Suspension, revocation or refusal of license: Grounds; limitation on suspension period for certain grounds; application for hearing688C.212Financial planner who performs certain activities related to viatical settlements required to be licensed as insurance consultant688C.213Probation of broker or investment agent of viatical settlements for acting in bad faith688C.214Action by Commissioner against producer of life insurance for violation or acting in bad faith regarding viator; application for hearing688C.215License to operate as investment agent or broker of viatical settlements not required for certain producers of insurance; registration with Division and compliance with certain provisions required; fee; penalty688C.220Filing and approval of forms; submission of advertising material688C.230Filing by licensee of annual statement; confidentiality of information; authorized disclosure of identity of insured; regulations688C.240Retention of records and documents by licensee688C.242Viatical settlement investment agent: Representation of appointing or contracting provider of viatical settlements688C.244Viatical settlement investment agent: Knowledge of identity of or communication with viator or insured prohibited688C.250Disclosures required to be furnished by provider or broker of viatical settlements to viator upon or before execution of application for settlement688C.260Disclosures required to be furnished by provider of viatical settlements to viator upon or before execution of settlement688C.262Disclosures required to be provided by provider of viatical settlements or viatical settlement investment agent to purchaser of viatical settlement before execution of settlement; provision of certain brochure688C.264Additional disclosure required to be provided by provider of viatical settlements or viatical settlement investment agent to purchaser of viatical settlement upon or before date of assignment, transfer or sale of policy688C.266Form of certain disclosures688C.268Disclosure required to issuer of policy by broker or provider of viatical settlements who is party to plan or transaction related to policy before or during certain period after issuance of policy688C.270Prerequisites to entry by viator into settlement within 5 years after issuance of policy; submission of independent evidence or certification to insurer688C.275Restrictions on business of broker and provider of viatical settlements688C.280Acquisition of certain documents by provider or broker of viatical settlements before entry into settlement; notice to issuer of policy; requests for and responses related to verification of coverage688C.285Insurer prohibited in certain circumstances from requiring viator, insured or provider or broker of viatical settlements from signing form or disclosure not approved by Commissioner for use in connection with viatical settlements688C.290Submission by viator of certain documents to escrow agent; duties of escrow agent; payment of viator688C.300Rescission of viatical settlement688C.310Limitations on contact with insured to determine address and telephone or status of health after settlement; applicability688C.320Confidentiality of medical information solicited or obtained by licensee688C.330Notice to insured of transfer of ownership or change of beneficiary of viaticated policy by provider of viatical settlements; response by insurer to request for such change; prohibited acts by insurer688C.350Applicability and interpretation of provisions688C.360Establishment and maintenance by licensee of system of control; responsibility for advertisements688C.370Advertisements: Avoidance of deception; filing of materials with Commissioner; regulations688C.380Text of information required to be disclosed; use of misleading omissions, language or illustrations; use of name or title of insurer or policy; prohibited statements, implications and words688C.390Use of testimonial, endorsement, appraisal, analysis or statistical information688C.400Prohibited disparagement688C.410Identification of provider, viatical settlement and agreement to purchase viatical settlement; statement of name of licensee688C.420Use of words, symbols or physical materials similar to those of governmental program or agency; creation of impression of governmental recommendation or endorsement; statements regarding licensing688C.430Disclosures required when emphasizing speed of viatication or monetary amounts available688C.440Interference with enforcement of chapter or investigation of possible violation unlawful; permitting person convicted of certain felonies to participate in business of viatical settlements unlawful688C.450Felonious acts688C.460Provision to Commissioner of information regarding felonious acts688C.470Immunity of persons providing information regarding felonious acts; award of attorney’s fees and costs688C.480Confidentiality and disclosure of certain documents and information regarding felonious acts688C.490Establishment, maintenance and modification by licensees of certain protective measures against fraud; confidentiality of plan submitted to Commissioner688C.500Statement related to false information required on application or contract for viatical settlement; effect688C.510Injunctive and other relief; administrative fine; restitution; civil action; rescission