| | the viator, provides written consent to the disclosure and the | | disclosure: |
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| | A. Is made to a viatical settlement provider, a viatical | producer, an independent viatical producer, an institutional | investor or other person determined by rule and is necessary | to effect the viatical settlement between the viator and the | viatical settlement provider | | settlement contract between the viator and a settlement | | provider and the viator and the insured have provided prior | | written consent to the disclosure; |
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| | | B. Is provided in response to an investigation or | | examination by the superintendent or any other government | officer or agency pursuant to section 6807; or |
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| | C. Is necessary to facilitatetransaction | and is made either to a licensed viatical settlement | provider or to an institutional investor. | | provider trust or special purpose entity to finance the | | purchase of policies by a settlement provider and the viator | | and insured have provided prior written consent to the | | disclosure; |
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| | | D.__Is a term or condition to the transfer of a policy by | | one settlement provider to another settlement provider; |
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| | | E.__Is necessary to allow the settlement provider or | | insurance producer or an authorized representative to make | | contacts for the purpose of determining health status; or |
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| | | F.__Is required to purchase stop-loss coverage. |
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| | | 3. Sale or transfer. A viatical settlement provider may not | sell or transfer a viaticated policy to a financing entity other | than an institutional investor or a licensed viatical settlement | provider. |
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| | | Sec. 10. 24-A MRSA §§6807 and 6808, as enacted by PL 1997, c. 430, §1 | | and affected by §2, are amended to read: |
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| | | §6807. Examinations and investigations |
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| | | 1. Complaint. In response to a complaint concerning a | licensee or in connection with an application for a license, the | superintendent may examine the business and affairs of any | licensee or applicant for a license. Subject to the provisions | of section 6806, the superintendent may order a licensee or | applicant to produce records, books, files or other information | reasonably necessary to ascertain whether the licensee or |
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