New York Life Insurance Compliance Lawyer & Attorney : Currin Law Office : Annuity Compliance & Insurance Regulation

Today a new law goes into effect regarding viatical and life settlements in Iowa, and the Iowa Insurance Division has issued a bulletin providing a high level discussion of some of the major changes to IA law, with guidance on how the law will be implemented. 

Among other provisions, the new law bans newly defined stranger-initiated life insurance, or coverage initiated for the benefit of a third-party investor who has no insurable interest in the insured.  The law has fraud provisions and gives authority for the Division to conduct on-site examinations of viatical settlement brokers and providers. 

Annual reports from viatical providers are required by the law, the first being due March 1, 2009. 

The Division indicates that while they are reviewing their existing rules, those rules remain in effect unless in direct conflict with the new law. 

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Iowa has recently issued Bulletin 2008-2 entitled Processing of Annuities Electronically and NAVA Straight Through Processing (STP) Standards.  The Iowa Insurance division states that,  as it has been explained to them, the NAVA STP standards and processes comply with Iowa's rules on electronic signature, record retention and delivery requirements as well as the required annuity disclosure rules.  There is the caveat though that in the case of a conflict between the NAVA STP standards and processes and Iowa law, the latter will govern. 

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On Monday, the Iowa Insurance Division issued a Press Release and Bulletin announcing the Annuity Disclosure Template Pilot Program for Fixed Annuities, Including Indexed Annuities, Sold in Iowa.  This pilot program, using ACLI disclosure templates, began on 1/28/08, but companies can begin whenever their system modifications are complete, according to the Bulletin.  Current disclosure forms can be used until those system modifications are complete and the new ACLI template disclosure forms are available. 

The Bulletin specifically states that it is not necessary to use the template forms for all products sold in Iowa. 

The Iowa Insurance Division must be notified of participation and they have set up a dedicated e-mail for this purpose.  The address is annuity.project@IID.state.ia.us. 

The Iowa Division and the ACLI have indicated that the templates will be evaluated during the one-year pilot project and modifications may be made to the templates, if necessary, during that time. 

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