(1) Upon receipt from the viator of the documents to effect the transfer of the policy, the provider shall deposit the contract consideration in an escrow or trust account managed by a state or federal chartered financial institution, pending acknowledgment of the transfer by the issuer of the policy. The financial institution shall transfer the contract consideration to the viator immediately upon receipt of acknowledgment of the transfer from the insurer.
    (2) Failure by the provider to tender the contract consideration as required by this act renders the contract void.

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Terms Used In Michigan Laws 550.525

  • Contract: A legal written agreement that becomes binding when signed.
  • contract: means a written agreement entered into between a provider and a viator in which the provider will pay consideration that is less than the expected death benefit of the viator's policy in return for the viator's assignment, transfer, sale, devise, or bequest of the death benefit or ownership of the policy to the provider. See Michigan Laws 550.521
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Policy: means an individual life insurance policy or a certificate under a group life insurance policy. See Michigan Laws 550.521
  • Provider: means a person who enters into a viatical settlement contract with a viator. See Michigan Laws 550.521
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Viator: means the owner or holder of a policy who has a terminal illness or condition and who enters into a viatical settlement contract. See Michigan Laws 550.521