(1) An insurer may advance a policy loan equal to or less than the loan value of an annuity policy or a pure endowment policy if:
(a) The policy premium is not in default beyond the grace period for payment;
(b) The insured has properly assigned or pledged the policy on the sole security thereof; and
(c) The interest rate provision complies with ORS 743.187 and does not exceed the maximum interest rate permitted by the policy loan provision.
(2) An insurer may establish a minimum loan amount that may not exceed $1,000.
(3) Except as provided in subsection (4) of this section, the loan value of the policy shall be equal to the cash surrender value of the policy, less any existing indebtedness and interest due that is not already deducted in determining the cash surrender value, plus any interest then accrued but not credited.
(4) Subsection (3) of this section does not apply to a policy for which the loan value is established by federal law. When the loan value is established by federal law, the policy shall indicate the loan value as a dollar amount, a percentage of the cash surrender value or a combination of both.
(5) Except as provided in ORS 743.187, if the total indebtedness on the policy, including interest due or accrued, equals or exceeds the amount of the loan value of the policy, the policy shall terminate and become void upon 30 days’ notice by the insurer mailed to the last-known address of the insured or other policy owner and of any assignee of record at the home office of the insurer. However, if there is any remaining cash surrender value under the policy after deducting the total indebtedness on the policy, an insurer may not terminate the policy.
(6) A insurer may provide for automatic premium loans in an annuity policy or a pure endowment policy.
(7) An annuity policy or a pure endowment policy may reserve to the insurer the right to defer the granting of a loan, other than for payment of any premium to the insurer, for six months after application for the loan if the insurer makes a written request to and receives written approval from the chief insurance regulator of the state of domicile of the insurer prior to exercising a deferral. [2005 c.185 §5]
Section: Previous 743.247 743.252 743.255 743.258 743.261 743.264 743.267 743.268 743.269 743.270 743.271 743.272 743.273 743.275 743.278 NextLast modified: August 7, 2008