The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
005B
:
LIFE SETTLEMENTS
(Cite as: 8 V.S.A. § 3838)
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§ 3838. Approval of life settlement contracts, disclosure statements, and related forms
(a) A person shall not use a life settlement contract form or related form or provide
to a policy owner in this State any of the disclosure statement forms required by
subsections 3841(a), (b), and (c) of this title unless such forms are first filed
with and approved by the Commissioner. Related forms include the statement of attending
physician required by subdivision 3843(a)(1)(A) of this title; the medical records release form required by subdivision 3843(a)(1)(B) of this title; the policy owner’s statement of understanding form required by subdivision 3843(a)(5) of this title; any application form to be used by the policy owner to request a life settlement;
any advertising material that the Commissioner, in his or her discretion, requires
to be filed; and such other forms as the Commissioner may prescribe by rule or order.
(b) The Commissioner shall disapprove a life settlement contract form, disclosure statement
form, or related form if, in the Commissioner’s judgment, the contract or provisions
contained therein fail to meet the requirements of sections 3841, 3843, 3846, and
subsection 3847(b) of this title or are unreasonable, contrary to the interests of the public, or otherwise misleading
or unfair to the policy owner. Any notice of disapproval of such form shall state
the grounds therefore and shall state that a hearing will be granted within 20 days
upon request of the filer who requests a hearing within 30 days of the date of the
notice of disapproval.
(c) Any life settlement contract form, disclosure statement form, or related form filed
with the Commissioner shall be deemed approved if it has not been disapproved within
60 days of the filing. The Commissioner may extend by not more than 30 additional
days the period within which affirmative approval or disapproval of any such form
may be given by notifying the life settlement provider or life settlement broker of
such extension before expiration of the initial 60-day period.
(d) The Commissioner may at any time, after notice and for cause shown, withdraw approval
of a previously approved contract form, disclosure statement form, or related form.
Any order of the Commissioner withdrawing a previous approval shall state the grounds
therefor in such detail as reasonably to inform the filer thereof. Any such withdrawal
of a previously approved form shall be effective at the expiration of such period
not less than 30 days after the giving of notice of withdrawal as the Commissioner
shall in such notice prescribe. Any demand for a hearing relative to the Commissioner’s
withdrawal of approval of a form that has been received by the Commissioner prior
to the effective date of such withdrawal shall stay such action pending the hearing
thereon.
(e) The forms required to be filed by this section shall be filed in a manner prescribed
by the Commissioner. Filings shall be accompanied by payment to the Commissioner of
a nonrefundable fee of $50.00 for each form submitted. (Added 2009, No. 53, § 1, eff. Jan. 2010.)