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304.15-110 Policy loans.
(1)
(2)
There shall be a provision that after three (3) 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 advance, on proper
assignment or pledge of the policy and on the sole security thereof, at a specified
rate of interest, 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, and 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 the
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, but not until at least
thirty (30) days after notice has been mailed by the insurer to the last address of
record with the insurer, of the insured or other policy owner and of any assignee of
record at the insurer's principal office. 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 (6) months after application therefor. The policy, at the insurer's
option, may provide for automatic premium loan.
This section shall not apply to term policies, or to term insurance benefits provided
by rider or supplemental policy provisions or to industrial life insurance policies.
Effective: June 18, 1970
History: Created 1970 Ky. Acts ch. 301, subtit. 15, sec. 11, effective June 18, 1970.
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