The Florida Supreme Court Pruco advisory opinion, Wells Fargo Bank, N.A. v. Pruco Life Ins. Co., 200 So. 3d at 1203 & 1206-07, to the United States Eleventh Circuit Court of Appeals held that an insurer may not challenge the validity of a Florida life insurance policy, even on…
Read More The Pruco Florida Supreme Court decision has been legislatively reversed by a recent amendment to the Florida Viatical Settlement Act

Florida has recently adopted amendments to its Viatical Settlement Act.

One of the new provisions, Section 626.99292 Notice to life insurance policyholders, provides:

“(1) A life insurer shall provide an individual life insurance policyholder with a statement informing him or her that if he or she is considering making changes…

Read More New Notice Requirement for Insurers under Florida’s Viatical Settlement Act

Florida has recently adopted amendments to its Viatical Settlement Act.

One of the new provisions, Section 626.99287 Contestability of viaticated policies, provides as follows:

(2) Except as hereinafter provided [certain life changing events, such as death of a spouse, divorce, retirement from full time employment, terminal or chronic illness, mental…

Read More Florida may have outlawed the secondary sale of policies if at any time during the five year period post issuance there was a loan secured by the policy

Florida has recently adopted amendments to its Viatical Settlement Act.

One of the new provisions, Section 626.9911 (9), defines a prohibited stranger-originated life insurance practice as:

(9) “Stranger-originated life insurance practice” means an act, practice, arrangement, or agreement to initiate a life insurance policy for the benefit of a third-party…

Read More Florida may have outlawed legitimate premium finance lending