Section 27-16-1
Section 27-16-1 'Industrial life insurance' defined.
For the purposes of this title, 'industrial life insurance' is that form of life insurance written under policies of face amount to $2,500.00 or less bearing the words 'industrial policy' imprinted on the face thereof as part of the descriptive matter and under which premiums are payable monthly or more often.
(Acts 1971, No. 407, p. 707, §376.)Section 27-16-10
Section 27-16-10 Policy provisions — Settlement of claims.
There shall be a provision that, when the policy becomes 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 and premium receipt book and proof of interest of the claimant. If the 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.
(Acts 1971, No. 407, p. 707, §384.)Section 27-16-11
Section 27-16-11 Policy provisions — Waiver, etc., of policy terms or conditions.
There shall be 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, the terms or conditions may be changed by an endorsement or rider signed by a duly authorized officer of the insurer.
(Acts 1971, No. 407, p. 707, §385.)Section 27-16-12
Section 27-16-12 Policy provisions — Beneficiaries; payment to other than designated beneficiary.
(a) Each such policy shall have a space for the name of the beneficiary designated with a reservation of the right to designate or change the beneficiary after the issuance of the policy.
(b) The policy may also provide that no designation or change of beneficiary shall be binding on the insurer until endorsed on the policy by the insurer and that the insurer may refuse to endorse the name of any proposed beneficiary who does not appear to the insurer to have an insurable interest in the life of the insured.
(c) Such a policy may also provide that if the beneficiary designated in the policy does not make a claim under the policy or does not surrender the policy with due proof of death within the period stated in the policy, which shall be not less than 30 days after the death of the insured, or if the beneficiary is the estate of the insured, or is a minor, or dies before the insured or is not legally competent to give a valid release, then the insurer may make payment thereunder to the executor or administrator of the insured, or to any of the insured's relatives by blood or legal adoption or connection by marriage or to any person appearing to the insurer to be equitably entitled thereto by reason of having incurred expense for the maintenance, medical attention or burial of the insured. Such policy may also include a similar provision applicable to any other payment due under the policy.
(Acts 1971, No. 407, p. 707, §386.)Section 27-16-13
Section 27-16-13 Policy provisions - Nonforfeiture benefits and cash surrender values.
There shall be provisions for nonforfeiture benefits and cash surrender values as required by Section 27-15-28.
(Acts 1971, No. 407, p. 707, §387.)Section 27-16-14
Section 27-16-14 Policy provisions — Title.
There shall be a title on the face of each such policy briefly describing the same.
(Acts 1971, No. 407, p. 707, §388.)Section 27-16-15
Section 27-16-15 Policy provisions - Applicability to single premium, etc., policies.
Any of the provisions required by Sections 27-16-4 through 27-16-14, or any portion thereof, which are not applicable to single premium or term policies or to policies issued or granted pursuant to nonforfeiture provisions shall, to that extent, not be incorporated therein.
(Acts 1971, No. 407, p. 707, §389.)Section 27-16-16
Section 27-16-16 Policy provisions — Conversion to life insurance with less frequent premium payments.
There may be a provision in the case of industrial policies granting to the insured, upon proper written request and upon presentation of evidence of insurability satisfactory to the insurer, the privilege of converting any industrial insurance policy to any form of life insurance with less frequent premium payments regularly issued by the insurer, in accordance with terms and conditions agreed upon with the insurer. The privilege of making such conversion need be granted only if the insurer's industrial policies on the life insured, in force as premium-paying insurance and on which conversion is requested, grant benefits in event of death, exclusive of additional accidental death benefits and exclusive of any dividend additions, in an amount not less than the minimum amount of such insurance, with less frequent premium payments issued by the insurer at the age of the insured on the plan of industrial or ordinary insurance desired.
(Acts 1971, No. 407, p. 707, §390.)Section 27-16-17
Section 27-16-17 Policy provisions - Prohibited provisions.
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, except 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 if 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; 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 be 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.
(Acts 1971, No. 407, p. 707, §391.)Section 27-16-2
Section 27-16-2 Applicability of chapter.
The provisions of this chapter apply only to industrial life insurance policies. Sections 27-15-15, 27-15-24, 27-15-25, 27-15-28 and 27-15-29 shall also apply to industrial life insurance.
(Acts 1971, No. 407, p. 707, §375.)Section 27-16-3
Section 27-16-3 Policy provisions - Generally.
(a) No policy of industrial life insurance shall be delivered or be issued for delivery in this state unless it contains in substance the applicable provisions set forth in Sections 27-16-4 through 27-16-14.
(b) This section does not apply to burial insurance policies as defined in Section 27-17-1.
(Acts 1971, No. 407, p. 707, §377.)Section 27-16-4
Section 27-16-4 Policy provisions — Grace period.
There shall be a provision that the insured is entitled to a grace period of four weeks within which the payment of any premiums after the first may be made; except, that in policies the premiums for which are payable monthly, the period of grace shall be one month, but not less than 30 days, and that during the period of grace the policy shall continue in full force, but if during the grace period the policy becomes a claim, then any overdue and unpaid premiums may be deducted from any settlement under the policy.
(Acts 1971, No. 407, p. 707, §378.)Section 27-16-5
Section 27-16-5 Policy provisions — Entire contract; representations.
There shall be a provision that the policy shall constitute the entire contract between the parties or, if a copy of the application is endorsed upon or attached to the policy when issued, a provision that the policy and the application therefor shall constitute the entire contract. If the application is so made a part of the contract, the policy shall also provide that all statements made by the applicant in such application shall, in the absence of fraud, be deemed to be representations and not warranties.
(1935, No. 152, p. 194; Code 1940, T. 28, §6; Acts 1971, No. 407, p. 707, §379.)Section 27-16-6
Section 27-16-6 Policy provisions — Incontestability.
There shall be a provision that the policy, exclusive of provisions relating to disability or dismemberment 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.
(Code 1940, T. 28, §7; Acts 1967, No. 181, p. 543; Acts 1971, No. 407, p. 707, §380.)Section 27-16-7
Section 27-16-7 Policy provisions — Misstatement of age or sex.
There shall be a provision that if it is found that the age or sex of the individual insured or the age or sex of any other individual considered in determining the premium 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, sex or sexes.
(Acts 1971, No. 407, p. 707, §381.)Section 27-16-8
Section 27-16-8 Policy provisions — Dividends.
If a participating policy, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the policy; except, that, at the option of the insurer, such participation may be deferred to the end of the fifth policy year. This provision shall not prohibit the payment of additional dividends on default of payment of premiums or termination of the policy.
(Acts 1971, No. 407, p. 707, §382.)Section 27-16-9
Section 27-16-9 Policy provisions - Reinstatement.
(a) There shall be a provision that unless the policy has been surrendered for its cash value, or its cash surrender value has been exhausted or the period of any extended insurance provided by the policy has expired, the policy will be reinstated at any time within two years after the date of premium default upon written application therefor, the production of evidence of insurability satisfactory to the insurer, the payment of all overdue premiums and payment or, within the limits permitted by the then cash value of the policy, reinstatement of any other indebtedness to the insurer upon the policy with interest as to both premiums and indebtedness at a rate not exceeding six percent per annum compounded annually.
(b) If for the purpose of or toward reinstatement of a policy after its lapse the insurer receives a payment or tender of premium or other funds in amount less than as required to effectuate the reinstatement so as to place the policy currently in full force, then, within 60 days after the receipt of such payment or tender, the insurer shall either:
(1) Collect whatever amount is necessary to effectuate the reinstatement and place the policy in full force and effect currently;
(2) Refund to the person entitled thereto all such payments and amounts tendered and refuse the reinstatement; or
(3) In the absence of action referred to in subdivisions (1) or (2) of this subsection the insurer shall be deemed as a matter of law to have effectuated reinstatement of the policy so that it is in full force and effect currently as of the end of such 60-day period and to have forever waived the payment or collection of all premiums and amounts theretofore due and unpaid under the policy.
(c) The provisions made in subsection (b) of this section need not be contained in the policy.
(Acts 1971, No. 407, p. 707, §383.)
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