Title 33, Chapter 26, Section 2
( 33-26-2)
(a) No policy of industrial life insurance shall be delivered or
issued for delivery in this state unless it contains in substance
the following provisions or contains provisions which in the opinion
of the Commissioner are more favorable to policyholders: (1) Grace period. A provision that the insured is entitled to a
grace period of not less than 30 days within which the payment of
any premium after the first may be made, during which period of
grace the policy shall continue in force. If a claim arises under
the policy during such period of grace, the amount of any premium
due or overdue may be deducted from any amount payable under the
policy in settlement; (2) Incontestability. A provision that the policy (exclusive of
provisions relating to disability benefits or to additional
benefits in the event of death by accident or accidental means)
shall be incontestable, except for nonpayment of premiums, after
it has been in force during the lifetime of the insured for a
period of two years from its date of issue; (3) Alteration of contract. A provision that no agent shall have
the power or authority to waive, change, or alter any of the terms
or conditions of any policy, except that at the option of the
insurer, prior to the issuance of a policy, the terms or
conditions may be changed by an endorsement or rider which is
signed by a duly authorized officer of the insurer and receipt of
which is acknowledged by the applicant in writing; (4) Misstatement of age. A provision that, if the age of the
person insured or of any other person whose age is considered in
determining the premium or benefit has been misstated, any amount
payable or benefit accruing under the policy shall be such as the
premium would have purchased at the correct age or ages; (5) Dividends. A provision in participating policies that,
beginning not later than the end of the third policy year, the
insurer shall annually ascertain and apportion the divisible
surplus, if any, that will accrue on the policy anniversary or
other dividend date specified in the policy. Except as provided in
this Code section, any dividend becoming payable shall, at the
option of the party entitled to elect such option, be either
payable in cash or applied to any one of such other dividend
options as may be provided by the policy. If any such other
dividend options are provided, the policy shall further state
which option shall be automatically effective if such party has
not elected some other option. If a policy specifies a period
within which such other option may be elected, such period shall
be not less than 30 days following the date on which such dividend
is due and payable. The annually apportioned dividend shall be
deemed to be payable in cash even though the policy provides that
payment of such dividend is to be deferred for a specified period,
provided that such period does not exceed six years from the date
of apportionment and that interest will be added to such dividend
at a specified rate. If a participating policy provides that the
benefit under any paid-up nonforfeiture provision is to be
participating, it may provide that any divisible surplus becoming
payable or apportioned while the insurance is in force under such
nonforfeiture provision shall be applied in the manner set forth
in the policy; (6) Policy loans. A provision that after three full years'
premiums have been paid and after the policy has a cash surrender
value and while no premium is in default beyond the grace period
for payment, the insurer will loan on the execution of a proper
note or loan agreement by the owner of the policy and on proper
assignment of the policy and on the sole security thereof, at a
specified rate of interest, a sum equal to or, at the option of
the owner of the policy, less than the cash value of the policy at
the end of the current policy year and of any dividend additions
thereto. The policy shall further provide that the company may
deduct from such loan value or from the proceeds of the loan any
existing indebtedness on or secured by the policy not already
deducted in determining such cash value, including interest due or
accrued and any unpaid balance of the premium for the current
policy year, and that the company may collect interest in advance
of the loan to the end of the current policy year. The policy
shall reserve to the insurer the right to defer the granting of a
loan, other than for the payment of any premium to the insurer,
for six months after the application therefor. The policy may also
provide that if interest on any indebtedness is not paid when due
it shall then be added to the existing indebtedness and shall bear
interest at the same rate. The policy may provide that if and when
the total indebtedness on the policy, including interest due or
accrued, equals or exceeds the amount of the loan value thereof,
then the policy shall terminate and become void, but not until at
least 30 days' notice shall have been mailed by the insurer to the
last known address of the insured or policy owner and of any
assignee of record at the home office of the insurer. The policy,
at the insurer's option, may provide for an automatic premium
loan, subject to an election of the party entitled to elect. No
condition other than as provided in this paragraph shall be
exacted as a prerequisite to any such loan. This paragraph shall
not apply to term insurance or to term insurance benefits provided
by rider or supplemental policy provisions or to any policy with a
loan value of less than $25.00; (7) Tables of options and values. A statement of the mortality
table and interest rate used in calculating the cash surrender
values and the paid-up nonforfeiture benefits available under the
policy, together with a table showing the cash surrender value, if
any, reduced paid-up value, if any, and the extended term value,
if any, available under the policy on each policy anniversary,
either during the first 20 policy years or during the term of the
policy, whichever is shorter. Upon written request, the company
will furnish an extension of such table beyond the year shown in
the policy. Such values and benefits shall be calculated upon the
assumption that there are no dividends or paid-up additions
credited to the policy and that there is no indebtedness to the
insurer on the policy; (8) Reinstatement. A provision that unless the policy has been
surrendered for its cash surrender value or its cash surrender
value has been exhausted or unless the paid-up term insurance, if
any, has expired, the policy will be reinstated at any time within
three years from the date of premium default upon written
application therefor, the production of evidence of insurability
satisfactory to the insurer, the payment of all premiums in
arrears, and the payment or reinstatement of any other
indebtedness to the insurer upon the policy. All such sums may
bear interest not exceeding 6 percent per annum compounded
annually; provided, however, that acceptance of all or any part of
a premium more than 30 days in arrears by the agent or company
without requiring reinstatement application shall continue the
policy in force without showing any lapse of time; (9) Title. On each such policy there shall be placed a title which
shall briefly and accurately describe the nature and form of the
policy; (10) Payment of premiums. (A) A provision that all premiums shall be payable in advance
either at the home or district office or to any agent of the
company upon delivery of a receipt signed by the agent. Such
receipt shall bear the agent's license number and the signature
of one or more of the officers who shall be named in the policy; (B) In the case of weekly premium policies, there shall be a
provision that while premiums on the policy are not in default
beyond the grace period and upon proper notice to the insurer of
the intention to pay future premiums directly to the insurer at
its home office or any office designated by the insurer for the
purpose, the insurer will, at the end of a period of 26 weeks
from the due date of the first premium so paid and for any
additional weekly premium payment thereafter, for which period
such premiums are so paid continuously without default beyond
the grace period, refund a stated percentage of the premiums in
an amount which fairly represents the savings in collection
expense. (11) Payment of claims. A provision that, when a policy shall
become a claim by the death of the insured, settlement shall be
made upon receipt of due proof of death and, at the insurer's
option, surrender of the policy or proof of the interest of the
claimant or both. If an insurer specifies a particular period
prior to the expiration of which settlement shall be made, such
period shall not exceed two months from the receipt of such
proofs; (12) Entire contract. A provision that, if any reference is made
to the application for insurance or to the constitution, bylaws,
or rules of the insurer as forming part of or affecting the policy
between the parties, then there shall be included in or attached
to said policy when issued a correct copy of the application
signed by the applicant and the constitution, bylaws, and rules
referred to. All statements made by the applicant in the
application shall be deemed to be representations and not
warranties. No statement in the application shall be used to void
the policy or deny payment of a claim unless a copy of such
application has been attached to and made a part of such policy
when issued; (13) Conversion privilege. A provision that, upon written request
and without evidence of insurability (except for any additional
amount of insurance), an industrial life insurance policyholder is
guaranteed the privilege of converting any industrial insurance
policy to any form of ordinary life insurance with less frequent
premium payments regularly issued by the insurer and is guaranteed
the privilege of converting small industrial policies with the
same insurer into one larger policy with combined benefits; and (14) Space for name of designated beneficiary. There shall be a
space on the front or back page of the policy for the name of the
designated beneficiary. (b) Any of such required provisions or portions thereof not
applicable to single premium or term policies or to provisions
relating to disability benefits or to additional benefits in the
event of death or dismemberment by accidental means shall to that
extent not be incorporated therein. (c) No policy of industrial life insurance shall contain any of the
following provisions: (1) A provision by which the insurer may deny liability under the
policy for the reason that the insured has previously obtained
other insurance from the same insurer; (2) A provision giving the insurer the right to declare the policy
void because the insured has had any disease or ailment, whether
specified or not, or because the insured has received
institutional, hospital, medical, or surgical treatment or
attention. However, a policy may contain a provision which gives
the insurer the right to declare the policy void if the insured
has, within two years prior to the issuance of the policy,
received institutional, hospital, medical, or surgical treatment
or attention and the insured or claimant under the policy fails to
show that the condition occasioning such treatment or attention
was not of a serious nature or was not material to the risk. The
policy may also contain a provision that the policy shall not
become effective if on the date of the application for the policy
the insured had knowledge that he was afflicted with any serious
disease tending to shorten life, which fact was not shown on the
application for the policy; or (3) A provision giving the insurer the right to declare the policy
void because the insured has been rejected for insurance, unless
such right is conditioned upon a showing by the insurer that
knowledge of such rejection would have led to a refusal by the
insurer to make such contract. (d) An exact copy of the application shall be given to the applicant
at the time of the sale, which application shall disclose and
contain the following information and language: (1) An itemized list of all policies presently in force with all
insurers, showing company names, premiums charged, amounts of
insurance, total premiums, and total amounts of insurance
provided; (2) The premium cost of the insurance policy purchased; (3) The premium cost for each optional additional benefit, if any,
shall be shown separately and conspicuously apart from the premium
charge for the basic natural death benefit; and (4) The following statements shall appear on the applicant's copy
in not less than ten-point type:
(A) "You may wish to compare the total cost of this insurance
policy with your net income." (B) "I hereby certify, as signed below, that I was given an
exact copy of this application at the time this application was
made to the agent of record whose signature appears below. _____________________
Applicant's Signature" (C) "I, as the agent of record, hereby certify as signed below,
that I gave the applicant, whose signature appears above, an
exact copy of this application at the time this application was
taken. I further certify that I have inquired of the applicant
as to all policies in force and that I have listed all such
policies on said application. _________________
Agent's Signature _______________________
Agent's License Number" |