Evaluation standards for reasonable payments

(a) A viatical settlement broker, company or provider shall not enter into a viatical settlement that provides payment to the viator that is unreasonable, unjust or inequitable. In determining whether a payment is unreasonable, unjust or inequitable, the commissioner may consider, among other factors, the life expectancy of the viator, 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 the prevailing discount rates in the viatical settlement market in Connecticut, or if sufficient data is unavailable for Connecticut, the prevailing discount rates nationally or in other states that maintain this data; and (b) A viatical settlement provider shall not use a longer life expectancy than is realistic in order to reduce the payout to which the viator is entitled.