§ 56-7-907 — Initial amount - Commencement and term of insurance - Discharge of indebtedness

(a) The initial amount of credit life insurance issued in connection with a specific loan or other credit transaction shall not exceed the total amount repayable under the contract of indebtedness, which amount repayable may include the amount of the loan commitment by the creditor. (b) (1) The term of any credit life insurance shall, subject to acceptance by the insurer, if required, and unless otherwise permitted pursuant to § 56-7-906(c) , commence on the date when the debtor becomes obligated to the creditor. Where a group policy provides coverage with respect to existing obligations, the credit life insurance on a debtor with respect to the indebtedness, unless otherwise expressly authorized by the commissioner, shall commence on the effective date of the policy. The term of an individual policy of credit life insurance shall not extend more than fifteen (15) days beyond the scheduled maturity date of the indebtedness unless extended at no cost to the debtor. If insurance on the life of a debtor is provided under a group policy, the term of the insurance shall not be continued for a period greater than the duration of the indebtedness. (2) Evidence of insurability in the form of answers to questions regarding the debtor's health may be required: (A) If a debtor requests coverage more than thirty (30) days after the extension of credit for which coverage is sought; or (B) If the amount of life insurance applied for is twenty-five thousand dollars ($25,000) or more. (3) Where evidence of insurability is required and the evidence is furnished more than thirty (30) days after the date when the debtor becomes obligated to the creditor, the term of the insurance may commence on the date on which the insurance company determines the evidence to be satisfactory, and in such event there shall be an appropriate refund or adjustment of any charge to the debtor for the insurance. (c) If the indebtedness is discharged due to prepayment, the credit life insurance in force shall be terminated. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in § 56-7-909 .

Legislative History

Acts 1985, ch. 107, § 3.