§33-13-8. Loans on policies.
(a) There shall be a provision that after the policy has a
cash surrender value and while no premium is in default beyond
the grace period for payment, the insurer will advance, on proper
assignment of pledge of the policy and on the sole security
thereof, at a specified rate of interest not exceeding eight
percent per annum, or seven and four-tenths percent per annum if
payable annually in advance, an amount equal to or, at the option
of the party entitled thereto, less than the loan value of the
policy. The loan value of the policy shall be at least equal to
the cash surrender value at the end of the then current policy
year: Provided, That the insurer may deduct, either from such
loan value or from the proceeds of the loan, any existing
indebtedness not already deducted in determining such cash
surrender value including any interest then accrued but not due,
any unpaid balance of premium for the current policy year, and
interest on the loan to the end of the current policy year. 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, and 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.
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 application therefor. The
policy, at the insurer's option, may provide for automatic premium loan, subject to an election of the party entitled to
elect. In any policy issued by conversion of a term insurance
policy in force prior to the effective date of this act, the
policyholder shall be entitled to a loan at an interest rate in
effect on the date of original purchase.
(b) This section shall not apply to term policies nor to
term insurance benefits provided by rider or supplemented policy
provision.
(c) This section shall not impair the terms and conditions
of any policy of life insurance in force prior to the effective
date thereof.
(d) As a condition for approval of a policy loan interest
rate in excess of six percent per annum, but not in excess of the
rate provided in this section, the insurance commissioner shall
require the insurer to furnish such assurances as he deems
necessary that the holders of such policies will benefit through
higher dividends or lower premiums or both.