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Viatical Settlement Broker or Provider



A person who on behalf of a viator and for a fee, commission or other valuable consideration offers or attempts to negotiate a viatical settlement between the viator and one or more providers of viatical settlements. The term does not include an attorney at law; certified public accountant or financial planner accredited by a nationally recognized accrediting agency who is retained by the viator and whose compensation is not paid by a provider or purchaser of viatical settlements.


A person other than a viator who enters into or effectuates a viatical settlement. The term does not include a bank, savings and loan association, thrift company, credit union or other licensed lender that takes an assignment of a policy as security for a loan; the issuer of a policy that provides accelerated benefits pursuant to the contract; an authorized or eligible insurer that provides stop-loss coverage to a provider or purchaser of viatical settlements; a natural person who enters into no more that one agreement in a calendar year for the transfer of policies for a value less than the expected death benefit; a financing agent; a special organization; a trust for a related provider; or a purchaser of viatical settlements.