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This entry was published on 2014-09-22
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Notice of premium due under life or disability insurance policy; notice to assignees of non-payment of premium
Insurance (ISC) CHAPTER 28, ARTICLE 32
§ 3211. Notice of premium due under life or disability insurance
policy; notice to assignees of non-payment of premium.

(a) (1) No policy of life insurance or non-cancellable disability
insurance delivered or issued for delivery in this state, and no life
insurance certificate delivered or issued for delivery in this state by
a fraternal benefit society, shall terminate or lapse by reason of
default in payment of any premium, installment, or interest on any
policy loan in less than one year after such default, unless, for
scheduled premium policies, a notice shall have been duly mailed at
least fifteen and not more than forty-five days prior to the day when
such payment becomes due, or for life insurance policies in which the
amount and frequency of premiums may vary, no earlier than and within
thirty days after the day when the insurer determines that the net cash
surrender value under the policy is insufficient to pay the total
charges that are necessary to keep the policy in force. A separate
notice shall not be required for insurance that is supplemental to a
policy of life insurance.

(2) If a life insurance policy or life insurance certificate provides
that the policyholder or certificate holder may vary the amount and
frequency of premiums to be paid to the insurer, premiums, installments
and interest on loans will be considered due on the day when the failure
of the insurer or fraternal benefit society to receive an amount of
premium, installment or interest on loan would cause such policy or
certificate to terminate or lapse, and the failure to pay such amount
shall be considered a default.

(b) The notice required by paragraph one of subsection (a) hereof

(1) be duly mailed to the last known address of the policyowner, or if
any other person shall have been designated in writing to receive such
notice, then to such other person;

(2) state the amount of such payment, the date when due, the place
where and the person to whom it is payable; and shall also state that
unless such payment is made on or before the date when due or within the
specified grace period thereafter, the policy shall terminate or lapse
except as to the right to any cash surrender value or nonforfeiture

(c) If the payment demanded by such notice shall be made within the
time limited therefor, it shall be taken to be in full compliance with
the requirements of the policy in respect to the time of such payment.
The statement of any officer, employee or agent of such insurer, or of
any one authorized to mail such notice, subscribed and affirmed by him
as true under the penalties of perjury, stating facts which show that
the notice required by this section has been duly addressed and mailed
shall be presumptive evidence that such notice has been duly given.

(d) No action shall be maintained to recover on any life insurance
policy, or on any such non-cancellable contract of permanent and total
disability insurance, which has lapsed because of default in making such
payment (except an action to recover the cash surrender value or
nonforfeiture benefit) unless the action is instituted within two years
from the date of such default.

(e) (1) An assignee of a policy of life insurance under an assignment
made in this state may request the insurer to give such assignee notice
of non-payment of any premium due on such policy.

(2) The request must be made before default in payment of premium, and
must be in writing, mailed to the home office of the insurer and specify
the name and address of the assignee, the name of the insured and the
policy number.

(3) When the request is made as provided herein the right of such
assignee to the cash surrender value or other nonforfeiture benefit
under the policy shall continue as it existed on the date of default
until the expiration of ten days after the mailing of notice of such
default to the last known address of the assignee.

(4) Upon termination of the assignee's rights under the assignment,
the assignee shall promptly mail a release thereof to the insurer.

(5) This subsection shall not be construed to affect the contractual
rights of assignees.

(f) This section shall not apply to:

(1) Any policy of group insurance.

(2) Any policy of insurance requiring the payment of premiums monthly
or at shorter intervals, provided in the case of policies of life
insurance the insurer issuing such policy elects with respect to all
such policies to mail a written notice within six months after
termination or lapse to the insured or to any other person who shall
have been designated in writing to receive such notice, stating the type
and amount of any automatic nonforfeiture benefit in force.

(g) In the case of life insurance policies to which this section is
applicable and which contain a cash surrender value, the insurer must
provide an annual notification that the policy contains a cash surrender
value and that further information, including the amount thereof, is
available from the insurer upon written request from the policyowner.
Such notification shall include a statement that the insured has the
right to request an updated policy illustration based, in respect to a
participating policy, on the then current dividend scale, and in respect
to a policy subject to subsection (a) of section four thousand two
hundred thirty-two of this chapter, on the then current mortality,
interest and expense assumptions. The notification pertaining to the
cash surrender value shall be set out in a conspicuous manner and shall
include the address to which the policyowner may make a written inquiry.
Any notice or statement which informs a policyowner of the policy's cash
surrender value at least annually shall be deemed to comply with the
requirements of this subsection.

(h) In the case of life insurance policies described in paragraph two
of subsection (f) of this section and which contain a cash surrender
value, the notification requirement of subsection (g) of this section
will apply in cases where the insurer voluntarily sends a notice of the
premium due.