§ 38.2-3115. Interest on life insurance proceeds
A. If an action to recover the proceeds due under a life insurance policy or annuity contract results in a judgment against the insurer, interest on the judgment at the legal rate of interest shall be paid from (i) the date of presentation to the insurer of proof of death on a life insurance policy or annuity contract or (ii) the date of maturity of an endowment policy to the date judgment is entered.
B. If no action is brought, interest upon the principal sum paid to the beneficiary or policyowner shall be computed daily at an annual rate of 2 1/2 percent or at the annual rate currently paid by the insurer on proceeds left under the interest settlement option, whichever is greater, commencing from the date of death on a life insurance policy or annuity contract claim and from the date of maturity of an endowment contract to the date of payment. The interest shall be added to and become a part of the total sum payable.
C. No insurer shall be required to pay interest computed under this section if the total interest is less than five dollars.
D. This section shall not apply to (i) credit life insurance for which the premium is paid wholly from funds of the creditor with no specific identifiable charge being made to insureds for the insurance and upon which post-death interest on the indebtedness is waived by the creditor in an amount at least equal to the amount of interest that would otherwise be payable under this section; (ii) credit life insurance payable in whole or in part to a creditor that is an affiliate, as defined in § 13.1-725, of the insurer and that does not charge interest on the indebtedness from the date of death of the insured; or (iii) policies or contracts issued prior to July 1, 1977, but shall apply to any renewals or reissues of group life insurance policies or contracts occurring after that date.
(1977, c. 264, § 38.1-443.1; 1986, c. 562; 1991, c. 368; 2006, c. 209.)
Sections: Previous 38.2-3111 38.2-3112 38.2-3113 38.2-3113.1 38.2-3113.2 38.2-3113.3 38.2-3114 38.2-3115 38.2-3115.1 38.2-3116 38.2-3117 38.2-3118 38.2-3119 38.2-3120 38.2-3121 NextLast modified: April 16, 2009