Iowa Admin. Code r. 191-48.5
In order to ensure that viators receive a reasonable return for viaticating an insurance policy when life expectancy is less than 25 months, a viatical settlement provider shall pay to a viator a discounted amount of the face value of the policy which amount shall be calculated at least at the following rates:
| Minimum Percentage of Face Value Less Outstanding Loans | |||
| Insured's Life Expectancy | Received by Viator | ||
| Less than 6 months | 80% | ||
| At least 6 but less than 12 months | 70% | ||
| At least 12 but less than 18 months | 65% | ||
| At least 18 but less than 25 months | 60% | ||
| 25 months or more | Cash surrender value of policy |
The percentage may be reduced by 5% for viaticating a policy written by an insurer rated less than the highest four categories by A.M. Best, or a comparable rating by another rating agency.
For a viatical settlement in which the viator has a life expectancy of 25 months or more, a viatical settlement provider or broker shall not enter into a viatical settlement contract that provides a payment to the viator that is imreasonable or imjust. As listed above, such payment must at least be equal to the cash surrender value of the policy. In determining whether a payment is unreasonable or unjust, the commissioner may consider, among other factors, the life expectancy of the insured; the applicable rating of the insurance company that issued the subject policy by a rating service generally recognized by the insurance industry, regulators and consumer groups; and prevailing discoimt rates in the viatical and life settlement market in Iowa or, if insufficient data is available for Iowa, the prevailing rates nationally or in other states that maintain this data.
Iowa Admin. Code r. 191-48.5