(1) If there is more than
one owner on a single policy, and the owners are residents of
different states, the life settlement contract shall be governed
by the law of the state in which the owner having the largest
percentage 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. The law of the state of the
insured shall govern in the event that equal owners fail to agree
in writing upon a state of residence for jurisdictional purposes.
(2) A provider from this state who enters into a life
settlement contract with an owner who is a resident of another
state that has enacted statutes or adopted regulations governing
life settlement contracts, shall be governed in the effectuation
of that life settlement contract by the statutes and regulations
of the owner's state of residence. If the state in which the
owner is a resident has not enacted statutes or regulations
governing life settlement contracts, the provider shall give the
owner notice that neither state regulates the transaction upon
which he or she is entering. For transactions in those states,
however, the provider is to maintain all records required if the
transactions were executed in the state of residence. The forms
used in those states need not be approved by the commissioner.
(3) If there is a conflict in the laws that apply to an
owner and a purchaser in any individual transaction, the laws of
the state that apply to the owner shall take precedence and the
provider shall comply with those laws.
[2009 c 104 § 15.]