Insurance Law 7819 — Legislation
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SECTION 7818
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ARTICLE 78
Life Settlements
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SECTION 7819
Applicability and choice of law
Insurance (ISC) CHAPTER 28, ARTICLE 78
§ 7819. Applicability and choice of law. (a) The provisions of this
article shall apply to any life settlement contract made, proposed to be
made, or solicited with a resident of this state or any owner physically
in this state.
(b)(1) If there is more than one owner on a single policy, and the
owners are residents of different states, then the state of residency
shall be the state in which the owner having the largest percentage of
ownership resides or, if the owners hold equal ownership, the state of
residence of one owner, agreed upon in writing by all of the owners.
(2) A life settlement contract entered into with an owner who is a
resident of another state may be governed by the laws of the other state
provided that the owner elects in writing to be governed by the laws of
the other state, and if the owner is also a resident of this state, the
life settlement contract is made, proposed to be made and solicited
outside this state.
(c) For the purposes of this section, with respect to any person other
than a natural person, the state of residence shall be:
(1) the state in which the person maintains its principal place of
business; or
(2) with respect to a trust, a state in which the grantor resides.