Contestability of viaticated policies.

(1) Except as hereinafter provided, if a viatical settlement contract is entered into within the 2-year period commencing with the date of issuance of the insurance policy or certificate to be acquired, the viatical settlement contract is void and unenforceable by either party.

(2) Except as hereinafter provided, if a viatical settlement policy is subject to a loan secured directly or indirectly by an interest in the policy within a 5-year period commencing on the date of issuance of the policy or certificate, the viatical settlement contract is void and unenforceable by either party.

(3) Notwithstanding the limitations in subsections (1) and (2), such a viatical settlement contract is not void and unenforceable if the viator provides a sworn affidavit and accompanying independent evidentiary documentation certifying to the viatical settlement provider that one or more of the following conditions were met during the periods applicable to the viaticated policy as stated in subsection (1) or subsection (2):

(a) The policy was issued upon the owner’s exercise of conversion rights arising out of a group or term policy, if the total time covered under the prior policy is at least 60 months. The time covered under a group policy must be calculated without regard to any change in insurance carriers, provided the coverage has been continuous and under the same group sponsorship.

(b) The owner of the policy is a charitable organization exempt from taxation under 26 U.S.C. s. 501(c)(3).

(c) The viator certifies by producing independent evidence to the viatical settlement provider that one or more of the following conditions were met:

1. The viator or insured is terminally or chronically ill and the condition was not known to the insured at the time the life insurance contract was entered into;

2. The viator’s spouse dies;

3. The viator divorces his or her spouse;

4. The viator retires from full-time employment;

5. The viator becomes physically or mentally disabled and a physician determines that the disability prevents the viator from maintaining full-time employment;

6. The owner of the policy was the insured’s employer at the time the policy or certificate was issued and the employment relationship terminated;

7. A final order, judgment, or decree is entered by a court of competent jurisdiction, on the application of a creditor of the viator, adjudicating the viator bankrupt or insolvent, or approving a petition seeking reorganization of the viator or appointing a receiver, trustee, or liquidator to all or a substantial part of the viator’s assets; or

8. The viator experiences a significant decrease in income which is unexpected by the viator and which impairs his or her reasonable ability to pay the policy premium.

(d) The viator entered into a viatical settlement contract more than 2 years after the policy’s issuance date and, with respect to the policy, at all times before the date that is 2 years after policy issuance, each of the following conditions is met:

1. Policy premiums have been funded exclusively with unencumbered assets, including an interest in the life insurance policy being financed only to the extent of its net cash surrender value, provided by, or fully recourse liability incurred by, the insured;

2. There is no agreement or understanding with any other person to guarantee any such liability or to purchase, or stand ready to purchase, the policy, including through an assumption or forgiveness of the loan; and

3. Neither the insured or the policy has been evaluated for settlement.