Chapter 292

2009 -- H 5822 SUBSTITUTE A

Enacted 11/13/09

 

A N A C T

RELATING TO INSURANCE

     

     Introduced By: Representative Brian C. Newberry

     Date Introduced: February 26, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. The title of Chapter 27-30 of the General Laws entitled "Credit Life

Insurance" is hereby amended to read as follows:

 

     CHAPTER 27-30

Credit Life Insurance

 

     CHAPTER 27-30

CONSUMER CREDIT INSURANCE

 

     SECTION 2. Sections 27-30-1, 27-30-2, 27-30-3 and 27-30-4 of the General Laws in

Chapter 27-30 entitled "Credit Life Insurance" are hereby amended to read as follows:

 

     27-30-1. Purpose. -- The purpose of this chapter is to promote the public welfare by

regulating consumer credit life insurance. Nothing in this chapter is intended to prohibit or

discourage reasonable competition. The provisions of this chapter shall be liberally construed.

 

     27-30-2. Short title -- Applicability -- Definitions Scope and definitions. -- (a) Citation

and scope.

      (1) This chapter may be cited as "The Model Act for the Regulation of Credit Life

Consumer Credit Insurance Act."

      (2) All life consumer credit insurance sold in connection with loans or other credit

transactions for personal, family or household purposes shall be subject to the provisions of this

chapter except: those of over fifteen (15) years duration or more and except insurance for which

no charge is made by or through the creditor to the debtor, shall be subject to the provisions of

this chapter.

     (i) Insurance written in connection with a credit transaction that is:

     (A) Secured by a first mortgage or deed of trust; and

     (B) Made to finance the purchase of real property or the construction of a dwelling

thereon, or to refinance a prior credit transaction made for such a purpose;

     (b) Insurance sold as an isolated transaction on the part of the insurer and not related to

an agreement or a plan for insuring debtors of the creditor.

     (c) Insurance for which no identifiable charge is made to the debtor.

     (d) Insurance on accounts receivable.

     (b) (e) Definitions. - For the purpose of this chapter:

     (1) "Commissioner" means the insurance commissioner director of the department of

business regulation or his or designee;

     (2) "Compensation: means commissions, dividends, retrospective rate credits, service

fees, expense allowances or reimbursements, gifts, furnishing of equipment, facilities, goods or

services, or any other form of remuneration resulting directly from the sale of consumer credit

insurance;

     (2) (3) "Credit life Consumer credit insurance" means insurance issued on the is a general

term used in this chapter to refer to any or all of credit life of a debtor pursuant to or in

connection with a specific loan or other credit transaction; insurance, credit accident and health

insurance, credit unemployment insurance specifically defined in this chapter;

     (4) "Credit accident and health insurance" means insurance on a debtor to provide

indemnity for payments or debt becoming due on a specific loan or other credit transaction while

the debtor is disabled as defined in the policy;

     (5) "Credit life insurance" means insurance on a debtor or debtors, pursuant to or in

connection with a specific loan or other credit transaction, to provide for satisfaction of a debt, in

whole or in part, upon the death of an insured debtor;

     (6) "Credit transaction" means any transaction by the terms of which the repayment of

money loaned or loan commitment made, or payment for goods, services or properties sold or

leased, is to be made at a future date or dates;

     (7) "Credit unemployment insurance" means insurance on a debtor to provide indemnity

for payments or debt becoming due on a specific loan or other credit transaction while the debtor

is involuntarily unemployed as defined in the policy;

     (3) (8) "Creditor" means the lender of money or vendor or lessor of goods, services, or

property, rights, or privileges, for which payment is arranged through a credit transaction or any

successor to the right, title, or interest of any such lender, vendor, or lessor, and an affiliate,

associate, or subsidiary of any of them or any director, officer, or employee of any of them or any

other person in any way associated with any of them;

      (4) (9) "Debtor" means a borrower or co-borrower of money or a purchaser or co-

purchaser or lessee or co-lessee of goods, services, property, rights, or privileges for which

payment is arranged through a credit transaction and provided further that any joint debtor, co-

maker, endorser, and/or guarantor in a credit transaction shall qualify as a debtor within the

meaning of this chapter;

     (5) "Indebtedness" means the total amount payable by debtor to a creditor in connection

with a loan or other credit transaction;

     (6) "Person" means an individual, partnership, association, firm, corporation, or any other

legal entity; and

     (7) The singular shall include the plural.

     (10) "Gross debt" means the sum of the remaining payments owed to the creditor by the

debtor;

     (11) "Identifiable charge" means a charge for a type of consumer credit insurance that is

made to debtors having such insurance and not made to debtors not having such insurance; it

includes a charge for insurance that is disclosed in the credit or other instrument furnished to the

debtor which sets out the financial elements of the credit transaction and any difference in the

finance, interest, service or other similar charge made to debtors who are in like circumstances

except for the insured or non-insured status of the debtor or of the property used as security for

the credit transaction;

     (12) "Net debt" means the amount necessary to liquidate the remaining debt in a single

lump-sum payment, excluding all unearned interest and other unearned finance charges;

     (13) "Open-end credit" means credit extended by a creditor under an agreement in which:

     (i) The creditor reasonably contemplates repeated transactions;

     (ii) The creditor imposes a finance charge from time to time on an outstanding unpaid

balance; and

     (iii) The amount of credit that may be extended to the debtor during the term of the

agreement (up to any set limit by the creditor) is generally made available to the extent that any

outstanding balance is repaid.

 

     27-30-3. Forms of credit life insurance Types of consumer credit insurance. -- Credit

life insurance shall be issued only in the following forms:

      (1) Individual policies of life insurance issued to debtors on the term plan;

      (2) Group policies of life insurance issued to creditors providing insurance upon the lives

of debtors on the term plan; and

      (3) A policy or policies under either subdivision (1) or (2) of this section may be issued

with respect to two (2) or more joint debtors.

     The types of consumer credit insurance defined in section 27-30-2 may each be written

separately or in combination with other types of consumer credit insurance on an individual

policy or group policy basis. The commissioner may by regulation prohibit or limit any

combination.

 

     27-30-4. Amount of credit life insurance Amount of consumer credit insurance. -- (a)

Credit life insurance.

     (1) The amount of credit life insurance shall not exceed the indebtedness at no time

exceed the greater of the actual net debt or the scheduled net debt.

      (b) Where an indebtedness repayable in substantially equal installments is secured by an

individual policy of credit life insurance the amount of insurance shall at no time exceed the

scheduled amount of indebtedness and, where secured by a group policy of credit life insurance,

shall at no time exceed the amount of unpaid indebtedness.

     (2) If the coverage is written on the actual net debt, then the amount payable at the time

of loss may not be less than the actual net debt less any payments more than two (2) months

overdue.

     (3) If the coverage is written on the scheduled net debt, then the amount payable at the

time of loss shall be:

     (i) If the actual net debt is less than or equal to the scheduled net debt, then the scheduled

net debt;

     (ii) If the actual net debt is greater than the scheduled net debt but less than or equal to

the scheduled net debt plus two (2) months of payments, the actual net debt; or

     (iii) If the actual net debt is greater than the scheduled net debt plus two (2) months of

payments, then scheduled net debt plus two (2) months of payments.

     (4) If a premium is assessed to the debtor on a monthly basis and is based on the actual

net debt, then the amount payable at the time of loss shall be the actual net debt on the date of

death. When such premium is computed on the basis of a balance which does not include accrued

past due interest, then the amount payable at the time of loss shall not be less than the actual net

debt less any accrued interested more than two (2) months past due.

     (5) Notwithstanding the provisions of subdivision (1) of this subsection, insurance on

agricultural loan commitments, not exceeding one year in duration, may be written up to the

amount of the loan commitment, on a non-decreasing or level term plan.

     (6) Notwithstanding the provisions of subdivision (1) of this subsection, insurance on

educational loan commitments may be written for net unpaid indebtedness plus any unused

commitment.

     (7) Coverage may be written for less than the net debt by the following methods:

     (i) The amount of insurance may be the lesser of a stated level amount and the amount

determined by of subdivision (2) of this subsection;

     (ii) The amount of insurance may be the lesser of a stated level amount and the amount

determined by subdivision (3) of this subsection;

     (iii) The amount of insurance may be a constant percentage of the amount determined by

subdivision (2) of this subsection;

     (iv) The amount of insurance may be a constant percentage of the amount determined by

subdivision (3) of this subsection; or

     (v) In the absence of any preexisting condition exclusions, the amount of insurance

payable in the event of death due to natural causes may be limited to the balance as it existed six

(6) months prior to the date of death if:

     (A) There has been one or more increase in the outstanding balance during the six (6)

month period, other than those due to the accrual of interest or late charges; and

     (B) Evidence of individual insurability has not been required during the six (6) month

period.

     (8) Other patterns of insurance may be used which are not inconsistent with the rest of

this subsection.

     (b) Credit accident and health insurance and consumer credit unemployment insurance.

     (1) The total amount of periodic indemnity payable by credit accident and health

insurance or credit unemployment insurance in the event of disability or unemployment, as

defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments

of the gross debt; and the amount of each periodic indemnity payment shall not exceed the

original gross debt divided by the number of periodic installments.

     (2) Notwithstanding the provisions of subdivision (1) of this subsection, for credit

accident and health insurance or credit unemployment insurance written in connection with an

open-end credit agreement, the amount of insurance shall not exceed the gross debt which would

accrue on that amount using the periodic indemnity. Subject to any policy maximum, the

periodic indemnity must not be less than the creditor's minimum repayment schedule.

 

     SECTION 3. Sections 27-30-5, 27-30-6, 27-30-7, 27-30-8, 27-30-9, 27-30-10 and 27-30-

11 of the General Laws in Chapter 27-30 entitled "Credit Life Insurance" are hereby amended to

read as follows:

 

     27-30-5. Term of credit life insurance Term of consumer credit insurance. -- The (a)

Effective date of coverage.

     (1) For consumer credit insurance made available to and elected by the debtor before or

contemporaneous with a credit transaction to which the insurance relates, the term of any credit

life insurance shall, subject to acceptance by the insurer, commence on the date when the debtor

becomes obligated to the creditor, except that, where a group policy provides coverage with

respect to existing obligations, the insurance on a debtor with respect to the indebtedness shall

commence on the effective date of the policy. The term of the insurance shall not extend more

than fifteen (15) days beyond the scheduled maturity date of the indebtedness except when the

term of the insurance is extended with the consent of the debtor or when the term is extended

without additional cost to the debtor. If the indebtedness is discharged due to a new loan, renewal,

or refinancing prior to the scheduled maturity date, the insurance in force with respect to the

indebtedness shall be terminated before any new insurance may be issued in connection with the

new loan or renewed or refinanced indebtedness. In all cases of termination prior to scheduled

maturity, a refund shall be paid or credited as provided in section 27-30-8. when evidence of

individual insurability is required and such evidence is furnished more than thirty (30) days after

the date when the debtor becomes obligated to the creditor, the term of the credit insurance may

commence on the date on which the insurance company determines the evidence to be

satisfactory.

     (2) For insurance coverage made available to and elected by the debtor on a date

subsequent to the date of the consumer credit transaction to which the insurance relates, the

insurance shall, subject to acceptance by the insurer, commence on a date not earlier that the date

the election is made by the debtor nor later than thirty (30) days following the date on which the

insurance company accepts the risk for coverage, according to an objective method such as one

related to a particular date within the billing or repayment cycle or a calendar month.

     (3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, when a

group policy provides coverage with respect to debts existing on the policy effective date, the

insurance relating to the debt shall not commence before the effective date of the group policy.

     (4) In no event shall a charge for insurance be made to the debtor and retained by the

creditor or insurer for any time prior to commencement of the consumer credit insurance to which

the charge is related.

     (b) Termination date of coverage.

     (1) The term of any consumer credit insurance shall not extend beyond the termination

date specified in the policy. The termination date of insurance may precede, coincide with or

follow the scheduled maturity date of the debt to which it relates, subject to any other

requirements and restrictions of this chapter.

     (2) The term of any consumer credit insurance shall not extend more than fifteen (15)

days beyond the scheduled maturity date of the debt except when extended without additional

cost to the debtor or except when extended pursuant to a written agreement, signed by the debtor,

in connection with a variable interest rate credit transaction or a deferral, renewal, refinancing or

consolidation of debt.

     (3) If the debt is discharged due to renewal, financing or consolidation prior to the

scheduled termination date of insurance, any insurance in force shall be terminated before any

new insurance may be written in connection with the renewed, refinanced or consolidated debt.

     (4) In all cases of termination of insurance prior to the scheduled termination of the

insurance, an appropriate refund or credit to the debtor shall be made of any unearned insurance

charge paid by the debtor for a term of insurance after the date of the termination, except that no

refund is required of a charge made for insurance if the insurance is terminated by performance of

the insurer's obligation with respect to insurance.

     (5) An insured debtor may terminate consumer credit insurance at any time by providing

advance request to the insurer. The individual policy or group certificate may require that the

request be in writing or that the debtor surrender the individual policy or group certificate, or

both. The debtor's right to terminate coverage may also be subject to the terms of the credit

transaction contract.

 

     27-30-6. Provisions of policies and certificates of insurance -- Delivery to debtors

Disclosure to debtors and provisions of policies and certificates of insurance. (a) Pre-

purchase disclosure. Before the debtor elects to purchase consumer credit insurance in connection

with a credit transaction, the following shall be disclosed to the debtor in writing:

     (1) That the purchase of consumer credit insurance is optional and not a condition of

obtaining credit approval;

     (2) If more than one kind of consumer credit insurance is being made available to the

debtor, whether the debtor can purchase each kind separately or the multiple coverages only as a

package;

     (3) The conditions of eligibility;

     (4) That, if the consumer has another insurance that covers the risk, he or she may not

want or need credit insurance;

     (5) That within the first thirty (30) days after receiving the individual policy or group

certificate, the debtor may cancel the coverage and have all premium paid by the debtor refunded

or credited. Thereafter, the debtor may cancel the policy at any time during the term of the loan

and receive a refund of any unearned premium. However, only in those instances where

insurance is a requirement for the extension of credit, the debtor may be required to offer

evidence of alternative insurance acceptable to the creditor at the time of cancellation;

     (6) A brief description of the coverage, including a description of the amount, the term,

any exception, limitations and exclusions, the insured event, any waiting or elimination period,

any deductible, any applicable waiver of premium provision, to whom the benefits would be paid

and the premium rate for each coverage or for all coverages in a package;

     (7) That if the premium or insurance charge is financed, it will be subject to finance

charges at the rate applicable to the credit transaction.

     (b) The disclosures required in subsection (a) above shall be provided in the following

manner:

     (1) In connection with the consumer credit insurance offered contemporaneously with the

extension of credit or offered through direct mail advertisements, disclosure shall be made in

writing and presented to the consumer in a clear and conspicuous manner;

     (2) In conjunction with the offer of credit insurance subsequent to the extension of credit

by other than direct mail advertisements, disclosure may be provided orally so long as written

disclosures are provided to the debtor no later than the earlier of:

     (i) Ten (10) days after the offer; or

     (ii) The date any other written material is provided to the debtor.

     (a) (c) All consumer credit life insurance sold shall be evidenced by an individual policy,

or in the case of group insurance by a certificate of insurance, which individual policy or a group

certificate of insurance which shall be delivered to the debtor.

      (b) Each individual policy or group certificate of credit life insurance, shall, in addition

to other requirements of law, set forth the name and home office address of the insurer and the

identity by name or otherwise of the person or persons included, the rate or amount of payment, if

any, by the debtor separately for credit life insurance, a description of the amount, term, and

coverage including any exceptions, limitations, or restrictions, and shall state that the benefits

shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, wherever the

amount of insurance may exceed the unpaid indebtedness, that any excess shall be payable to a

beneficiary, other than the creditor, named by the debtor or to his or her estate.

      (c) The individual policy or group certificate of insurance shall be delivered to the

insured debtor at the time the indebtedness is incurred or within thirty (30) days: (1) after the

indebtedness is incurred; or (2) after the debtor's application for insurance has been accepted by

the insurer, whichever is later.

     (d) The individual policy or group certificate shall, in addition to other requirements of

law, set forth the following:

     (1) The name and home office address of the insurer;

     (2) The name or names of the debtor or debtors, or, in the case of a group certificate, the

identity by name or otherwise of the debtor or debtors;

     (3) The premium or amount of payment by the debtor separately for each kind of

coverage or for all coverages in a package, except that for open-end loans, the premium rate and

the basis of premium calculation (e.g. average daily balance, prior monthly balance) shall be

specified;

     (4) A full description of the coverage or coverages, including the amount and term

thereof, and any exceptions, limitations and exclusions;

     (5) A statement that the benefits shall be paid to the creditor to reduce or extinguish the

unpaid debt and, whenever the amount of insurance benefit exceeds the unpaid debt that any such

excess shall be payable to a beneficiary, other than the creditor, named by the debtor, or to the

debtor's estate; and

     (6) If the scheduled term of insurance is less than the scheduled term of the credit

transaction, a statement to that effect on the face of the individual policy or group certificate in

not less than ten (10) point bold face type.

     (e) Unless the individual policy or group certificate of insurance is delivered to the debtor

at the time the debt is incurred, or at such other time that the debtor elects to purchase coverage, a

copy of the application for the policy or a notice of proposed insurance, signed by the debtor and

setting forth the name and home office address of the insurer, the name or names of the debtor,

the premium rate or amount of payment by the debtor for the insurance and the amount, term and

a brief description of the coverage provided, shall be delivered to the debtor at the time the debt is

incurred or the election to purchase coverage is made. The copy of the application for or notice

of proposed insurance shall also refer exclusively to insurance coverage, and shall be separate and

apart from the loan, sale or other credit statement of account, instrument or agreement, unless the

information required by this subsection is prominently set forth therein. Upon acceptance of the

insurance by the insurer and within thirty (30) days of the date upon which the debt is incurred or

the election to purchase coverage is made, the insurer shall cause the individual policy or group

certificate of insurance to be delivered to the debtor. The application or notice of proposed

insurance shall state that upon acceptance by the insurer, the insurance shall become effective as

provided in section 27-30-5.

     (f) The application, notice of proposed insurance or certificate may be used to fulfill all of

the requirements of subsections (a) and (d) if it contains all the information required by those

subsections.

     (g) The debtor has thirty (30) days from the date that he or she receives either the

individual policy or the group certificate to review the coverage purchased. At any time within

the thirty (30) day period, the debtor may contact the creditor or insurer issuing the policy or

certificate and request that the coverage be cancelled. The individual policy or group certificate

may require the request to be in writing or that the policy or certificate be returned to the insurer

or both. The debtor shall, within thirty (30) days of the request, receive a full refund or credit of

all premiums or insurance charges paid by the debtor.

     (h) If the named insurer does not accept the risk, the debtor shall receive a policy or

certificate of insurance setting forth the name and home office address of the substituted insurer

and the amount of the premium to be charged, and, if the amount of premium is less than that set

forth in the notice of proposed insurance, an appropriate refund shall be made within thirty (30)

days. In no insurer accepts the risk, then all premiums paid shall be refunded or credited within

thirty (30) days of application to the person entitled thereto.

     (i) For the purpose of subsection (e) of this section, an individual policy or group

certificate delivered in conjunction with an open-end consumer credit agreement or any consumer

credit insurance requested by the debtor after the date of the debt shall be deemed to be delivered

at the time the debt is incurred or election to purchase coverage is made if the delivery occurs

within thirty (30) days of the date the insurance is effective.

     (j) An individual policy or group certificate delivered in conjunction with an open-end

credit agreement shall continue from its effective date through the term of the agreement unless

the individual policy or group certificate is terminated in accordance with its terms at an earlier

date.

 

     27-30-7. Filing, approval, and withdrawal of forms. -- (a) Forms of all All policies,

certificates of insurance, notices of proposed insurance, disclosure notices, applications for

insurance, endorsements, and riders delivered or issued for delivery in this state and the schedules

of premium rates pertaining thereto shall be filed with the commissioner before being used. No

policy, certificate of insurance, notice of proposed insurance, nor any application, endorsement,

or rider, shall be issued or used until the expiration of thirty (30) days after the form for it has

been filed, unless the commissioner shall give his or her prior written approval to it.

      (b) The commissioner may shall, within thirty (30) days after the filing of forms of any

policy such policies, certificate certificates of insurance, notice notices of proposed insurance,

disclosure notices, application for insurance, endorsement endorsements, and rider riders,

disapprove any such form if the table of premium rates charged or to be charged appears by

reasonable assumptions to be excessive in relation to benefits if the benefits provided are not

reasonable in relation to the premium charged, or if it contains provisions which are unjust,

unfair, inequitable, misleading, deceptive or encourage misrepresentation of the coverage, or are

contrary to any provision of the general laws or public laws of this state relating to insurance or of

any rule or regulation promulgated thereunder. If the commissioner does not disapprove a filing

within thirty (30) days, it may be deemed approved.

      (c) If the commissioner notifies the insurer that the form is disapproved, it is unlawful

after this thereafter for the insurer to issue or use the form. In the such notice, the commissioner

shall specify the reason for his or her disapproval and state that a hearing will be granted within

twenty (20) days after request in writing by the insurer. No such policy, certificate of insurance,

notice of proposed insurance, disclosure notices, nor any application, endorsement or rider, shall

be issued or used until the expiration of thirty (30) days after it has been so filed, unless the

commissioner shall give prior written approval.

      (d) The commissioner may, at any time after a hearing, held not less than twenty (20)

days after written notice to the insurer, withdraw his or her approval of any such form on any

ground set forth in subsection (b) of this section. The written notice of the hearing shall state the

reasons for the proposed withdrawal.

      (e) It is not lawful for the insurer to issue forms or use them after the effective date of the

withdrawal.

     (f) If a group policy of consumer credit insurance:

     (1) Has been delivered in this state before the effective date of this chapter; or

     (2) Has been or will be delivered in another state before or after the effective date of this

chapter then the insurer shall be required to file only the group certificate and notice of proposed

insurance delivered or issued for delivery in this state as specified in subsections 27-30-6(c) and

(e) and such forms shall be approved by the commissioner if they conform with the requirements

specified in these subsections and if the schedules of premium rates applicable to the insurance

evidenced by such certificate or notice are not in excess of the insurer's schedules of premium

rates filed with the commissioner; provided, however the premium rate in effect on existing group

policies may be continued until the first policy anniversary date following the date this chapter

becomes operative as provided in section 27-30-12. However, all other forms specified in

subsection 27-30-7(a) shall also be filed as specified in this section unless the group policy has

been or is delivered in another state which has adopted statutes, regulations or other provisions

similar to this statute. In that event, the forms should be filed for informational purposes.

However, the insurer shall be prohibited from using any form filed for informational purposes if

the commissioner subsequently determines that the form is not in substantive compliance with the

requirements of this statute.

      (f) (g) Any order or final determination of the commissioner under the provisions of this

section shall be subject to judicial review in accordance with chapter 42-35.

 

     27-30-8. Premiums and refunds. -- (a) Each insurer issuing credit life insurance shall

file with the commissioner its schedule of premium rates for use in connection with that

insurance. Any An insurer may revise the its schedules of premium rates from time to time, and

shall file the revised schedules with the commissioner. No insurer shall issue any consumer credit

life insurance policy for which the premium rate exceeds that determined by the schedules of the

insurer as then on file with the commissioner. The commissioner may require the filing of the

schedule of premium rates for use in connection with and as a part of the specific policy filings as

provided by section 27-30-7. The commissioner shall have the authority to promulgate

regulations to assure that the premium rates are reasonable in relation to the benefits provided,

including the authority to regulate the compensation component of the premium rates. In

determining whether the premium rates are reasonable in relation to the benefits provided, the

Commissioner shall consider and provide for: actual and expected loss experience, general and

administrative expenses, loss settlement and adjustment expenses, reasonable creditor

compensation, investment income, the manner in which premiums are charged, and other

acquisition costs, reserves, taxes, regulatory license fees and fund assessments, reasonable insurer

profit and other relevant data, consistent with generally accepted actuarial standards.

     (b) Each individual policy, or group certificate, or notice of insurance shall provide that

for a refund in the event of termination of the insurance prior to the scheduled maturity date of the

indebtedness, any insurance and upon notice to the insurer from the debtor with the debtor's

contact information. The refund of an amount paid by the debtor for insurance shall be paid or

credited promptly to the person entitled to it thereto; provided, however, that the commissioner

shall prescribe a minimum refund and no refund which would be less than the such minimum

need be made. Refund formulas which any insurer desires to use must develop refunds which are

at least as favorable to the debtor as refunds equal to the premium cost of scheduled benefits

subsequent to the date of cancellation or termination, computed at the schedule of premium rates

in effect on the date of issue. The formula to be used in computing the such refund shall be filed

with and approved by the commissioner.

      (c) If a creditor requires a debtor to make any payment for consumer credit life insurance

and an individual policy or group certificate of insurance is not issued, the creditor shall

immediately give written notice to the debtor and shall promptly make an appropriate credit to the

account or issue a refund.

      (d) The amount charged by the creditor to the debtor for any consumer credit life

insurance shall not exceed the premium rate filed with the commissioner for the coverage

provided premiums charged by the insurer, as computed at the time the charge to the debtor is

determined.

 

     27-30-9. Issuance of policies. -- (a) All policies of consumer credit life insurance shall be

delivered or issued for delivery in this state only by an insurer authorized to do an insurance

engage in the business in this state of insurance thereto, and shall be issued only through holders

of licenses or authorizations issued by the commissioner.

      (b) The premiums for individual policies of credit life insurance issued to debtors or the

cost to debtors of life insurance coverage under group policies of life insurance issued to

creditors, whether or not written by or through any lender or other creditor, its affiliate, associate,

or subsidiary or a director, officer, or employee of any of them, shall not be deemed interest or

charges nor consideration or any amount for any examination, service, brokerage, commission,

compensation for services, incidental expenses, or other thing or otherwise, in addition to or in

excess of permitted interest or charges in connection with the loan or credit transaction. Any gain,

participation, or advantage to any lender or other creditor, its affiliate, associate, or subsidiary or

to a director, officer or employee of any of them arising out of the premium or cost by way of

commission, dividend, or otherwise, shall not be deemed interest or charges nor consideration or

any amount for any examination, service, brokerage, commission, compensation for services,

incidental expenses, or other thing or otherwise, in addition to or in excess of permitted interest or

charges in connection with the loan or credit transaction, and shall not be deemed a violation of

any law, general or special, civil, or criminal, of this state.

      (c) Notwithstanding any other provision of law, a creditor to whom a group policy of life

insurance is issued shall not be deemed to be action as an insurance producer of insurance for the

insurance company issuing the policy or for any other person or persons, and no creditor shall,

solely by reason of the issuance of group policy, be required to qualify as a licensed insurance

producer or otherwise to be licensed or authorized by the commissioner.

      (d) Any creditor doing business in the state of Rhode Island may, in the same office or

place of business where the creditor transacts business, obtain life insurance upon the life of a

borrower or purchaser or one of them if there are two (2) or more in connection with the making

of a loan or sale.

 

     27-30-10. Claims. -- (a) All claims shall be promptly reported to the insurer or its

designated claim representative, and the insurer shall maintain adequate claim files. All claims

shall be settled as soon as possible and in accordance with the terms of the insurance contract.

      (b) All claims shall be paid either by draft drawn upon the insurer, by electronic funds

transfer, or by check of the insurer to the order of the claimant to whom payment of the claim is

due pursuant to the policy provisions, or upon direction of the claimant to one specified.

      (c) No plan or arrangement shall be used by which any person, firm, or corporation other

than the insurer or its designated claim representative shall be authorized to settle or adjust

claims. The creditor shall not be designated as claim representative for the insurer in adjusting

claims; provided, that a group policyholder may, by arrangement with the group insurer, draw

drafts, or checks or electronic transfers in payment of claims due to the group policyholder

subject to audit and review by the insurer.

     (d) All claims for consumer credit insurance shall be subject to all applicable chapters of

the Rhode Island general laws titles 27 and 42 including chapter 27-9.1.

 

     27-30-11. Existing insurance -- Choice of insurer. -- When consumer credit life

insurance is required as additional security for any indebtedness, and if the premium for it is the

subject of a separate charge to the debtor, the debtor shall, upon request to the creditor, have the

option of furnishing the required amount of insurance through existing policies of insurance

owned or controlled by him or her the debtor or of procuring and furnishing the required coverage

through any insurer authorized to transact an insurance business within this state.

 

     SECTION 4. Sections 27-30-12, 27-30-13, 27-30-14 and 27-30-16 of the General Laws

in Chapter 27-30 entitled "Credit Life Insurance" are hereby amended to read as follows:

 

     27-30-12. Regulations -- Enforcement Enforcement. -- The commissioner may, after

notice and hearing, issue rules and regulations referenced to the section or sections that set forth

the legislative standards which they interpret or apply as the commissioner deems appropriate for

the supervision of this chapter. Whenever the commissioner finds that there has been a violation

of this chapter or any rules or regulations issued pursuant to it, after written notice of the violation

and hearing given to the insurer or other person authorized or licensed by the commissioner, he or

she shall set forth the details of his or her the findings together with an order for compliance by a

specified date. The order shall be binding on the insurer and other persons authorized or licensed

by the commissioner on the specified date unless sooner withdrawn by the commissioner or a stay

from the order has been ordered by a court of competent jurisdiction. The commissioner may set

forth by regulation prima facie reasonable premium rates, together with corresponding safe-

harbor benefit provisions, which premium rates shall be conclusively presumed reasonable in

relation to the benefits provided when used for policies containing such benefit provisions.

 

     27-30-13. Judicial review. -- In addition to any other remedy he or she may have, any

person considering himself or herself aggrieved by any act, decision, order, or omission of the

commissioner, may within thirty (30) days of that act, decision, order, or omission, bring a suit in

the superior court to review that act, decision, order, or omission. The extent of the review shall

be limited to questions of law. The court may, on its own motion or on the motion of any party,

issue any orders necessary to preserve the rights of the parties. Any person aggrieved by the

decision of the superior court in the suit may appeal to the supreme court. Any party to the

proceeding affected by any order of the commissioner shall be entitled to judicial review pursuant

to chapter 42-35.

 

     27-30-14. Penalties. -- In addition to any other penalty provided by law, any person who

violates an order of the commissioner after it has become final, and while the order is in effect,

shall, upon proof of it to the satisfaction of the court, forfeit and pay to the state a sum not to

exceed two hundred fifty dollars ($250) which may be recovered in a civil action, except that if

the violation is found to be willful, the amount of the penalty shall be a sum not to exceed one

thousand dollars ($1,000). The commissioner, in his or her discretion, may revoke or suspend the

license or certificate of authority of the person guilty of the or proscribe whatever additional

penalty is warranted pursuant to section 42-14-16 for any violation of this chapter. The order for

suspension or revocation penalties shall be upon provide for notice and hearing, and shall be

subject to judicial review as provided in section 27-30-13 42-35-15.

 

     27-30-16. Constitutionality Duties of an insurer. -- Should the court declare any

section or clause of this chapter unconstitutional, then that decision shall affect only the section or

clause declared to be unconstitutional, and shall not affect any other section or clause of this

chapter. Except as otherwise prohibited by law, duties imposed upon an insurer within this

chapter may be carried out by a creditor if the creditor is acting as a common law or statutory

agent on behalf of the insurer.

 

     SECTION 5. Section 27-30-17 of the General Laws in Chapter 27-30 entitled "Credit

Life Insurance" is hereby repealed.

 

     27-30-17. Applicability. -- All the provisions of this chapter shall be applicable and

effective, notwithstanding the provisions of any other acts of the general assembly previously

enacted and now in force and effect.

 

     SECTION 6. Chapter 27-31 of the General Laws entitled "Credit Accident and Health

Insurance" is hereby repealed in its entirety.

 

     CHAPTER 27-31

Credit Accident and Health Insurance

 

     27-31-1. Purpose -- Construction of chapter. -- The purpose of this chapter is to

promote the public welfare by regulating credit accident and health insurance. Nothing in this

chapter is intended to prohibit or discourage reasonable competition. The provisions of this

chapter shall be liberally construed.

 

     27-31-2. Citation and scope. -- This chapter may be cited as "The Model Act for the

Regulation of Credit Accident and Health Insurance". All accident and health insurance sold in

connection with loans or other credit transactions, except those of over fifteen (15) years duration

or more and except insurance for which no charge is made by or through the creditor to the

debtor, shall be subject to the provisions of this chapter.

 

     27-31-3. Definitions. -- For the purpose of this chapter:

      (1) "Commissioner" means the insurance commissioner;

      (2) "Credit accident and health insurance" means insurance on a debtor to provide

indemnity for payments becoming due on a specific loan or other credit transaction while the

debtor is disabled as defined in the policy;

      (3) "Creditor" means the lender of money or vendor or lessor of goods, services,

property, rights, or privileges, for which payment is arranged through a credit transaction or any

successor to the right, title, or interest of any lender, vendor, or lessor, and an affiliate, associate,

or subsidiary of any of them or any director, officer, or employee of any of them or any other

person in any way associated with any of them;

      (4) "Debtor" means a borrower of money or a purchaser or lessee of goods, services,

property, rights, or privileges for which payment is arranged through a credit transaction;

      (5) "Indebtedness" means the total amount payable by a debtor to a creditor in

connection with a loan or other credit transaction;

      (6) "Person" means an individual, partnership, association, firm, corporation, or any

other legal entity; and

      (7) The singular shall include the plural.

 

     27-31-4. Forms of credit accident and health insurance. -- Credit accident and health

insurance shall be issued only in the following forms:

      (1) Individual policies of accident and health insurance to insure debtors on a term plan

or disability benefit provisions in individual policies of credit life insurance; and

      (2) Group policies of accident and health insurance issued for delivery to creditors on a

term plan insuring debtors or disability benefit provisions in group credit life insurance policies to

provide this coverage.

 

     27-31-5. Amount of credit accident and health insurance. -- The total amount of

periodic indemnity payable by credit accident and health insurance in the event of disability as

defined in the policy shall not exceed the aggregate of the periodic scheduled unpaid installments

of the indebtedness and the amount of each periodic indemnity payment shall not exceed the

original indebtedness divided by the number of periodic installments.

 

     27-31-6. Term of credit accident and health insurance. -- The term of any credit

accident and health insurance shall, subject to acceptance by the insurer, commence on the date

when the debtor becomes obligated to the creditor or the date from which interest or finance

charges accrue if later, except that where a group policy provides coverage with respect to

existing obligations, the insurance on a debtor with respect to the indebtedness shall commence

on the effective date of the policy. Where evidence of insurability is required and that 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 this event there shall be an appropriate refund or

adjustment of any charge to the debtor for insurance. The term of the insurance shall not extend

more than fifteen (15) days beyond the scheduled maturity date of the indebtedness except when

extended without additional cost to the debtor. 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 section 27-31-9.

 

     27-31-7. Provisions of policies and certificates of insurance -- Delivery to debtors. --

(a) All credit accident and health insurance sold shall be evidenced by an individual policy, or in

the case of group insurance by a certificate of insurance, which individual policy or group

certificate of insurance shall be delivered to the debtor.

      (b) Each individual policy or group certificate of credit accident and health shall, in

addition to other requirements of law, set forth the name and home office address of the insurer

and the identity by name or otherwise of the person or persons included, the rate or amount of

payment, if any, by the debtor separately for credit accident and health insurance, a description of

the amount, term, and coverage including any exceptions, limitations, or restrictions, and shall

state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness

and, wherever the amount of insurance may exceed the unpaid indebtedness, that any excess shall

be payable to a beneficiary, other than the creditor, named by the debtor or to his or her estate.

      (c) The individual policy or group certificate of insurance shall be delivered to the

insured debtor at the time the indebtedness is incurred or within thirty (30) days: (1) after the

indebtedness is incurred; or (2) after the debtor's application for insurance has been accepted by

the insurer, whichever is later.

 

     27-31-8. Filing, approval, and withdrawal of forms. -- (a) Forms of all policies,

certificates of insurance, notices of proposed insurance, applications for insurance, endorsements,

and riders delivered in this state shall be filed with the commissioner. No policy, certificate of

insurance, notice of proposed insurance, nor any application, endorsement, or rider, shall be

issued or used until the expiration of thirty (30) days after the form for it has been filed, unless the

commissioner shall give his or her prior written approval to it.

      (b) The commissioner may, within thirty (30) days after the filing of forms of any policy,

certificate of insurance, notice of proposed insurance, application for insurance, endorsement, and

rider, disapprove any form if the table of premium rates charged or to be charged appears by

reasonable assumptions to be excessive in relation to benefits, or if it contains provisions which

are unjust, unfair, inequitable, misleading, deceptive, or encourage misrepresentation of the

coverage, or are contrary to any provision of the general laws or public laws of this state relating

to insurance.

      (c) If the commissioner notifies the insurer that the form is disapproved, it is unlawful

after this for the insurer to issue or use the form. In the notice, the commissioner shall specify the

reason for his or her disapproval and state that a hearing will be granted within twenty (20) days

after request in writing by the insurer.

      (d) The commissioner may, at any time after a hearing, held not less than twenty (20)

days after written notice to the insurer, withdraw his or her approval of any form on any ground

set forth in subsection (b) of this section. The written notice of the hearing shall state the reasons

for the proposed withdrawal.

      (e) It is not lawful for the insurer to issue the forms or use them after the effective date of

the withdrawal.

      (f) Any order or final determination of the commissioner under the provisions of this

section shall be subject to judicial review.

 

     27-31-9. Premiums and refunds. -- (a) Each insurer issuing credit accident and health

insurance shall file with the commissioner its schedule of premium rates for use in connection

with that insurance. Any insurer may revise the schedules and shall file the revised schedules with

the commissioner. No insurer shall issue any credit accident and health insurance policy for

which the premium rate exceeds that determined by the schedules of the insurer as then on file

with the commissioner. The commissioner may require the filing of the schedule of premium

rates for use in connection with and as a part of the specific policy filings as provided by section

27-31-8.

      (b) Each individual policy, group certificate, or notice of insurance shall provide that in

the event of termination of the insurance prior to the scheduled maturity date of the indebtedness,

any refund of an amount paid by the debtor for insurance shall be paid or credited promptly to the

person entitled to the refund; provided, that the commissioner shall prescribe a minimum refund

and no refund which would be less than that minimum need be made. The formula to be used in

computing the refund shall be filed with and approved by the commissioner.

      (c) If a creditor requires a debtor to make any payment for credit accident and health

insurance and an individual policy or group certificate of insurance is not issued, the creditor shall

immediately give written notice to the debtor and shall promptly make an appropriate credit to the

account.

      (d) The amount charged by the creditor to the debtor for any credit accident and health

insurance shall not exceed the premium rate filed with the commissioner for the coverage

provided.

 

     27-31-10. Issuance of policies. -- (a) All policies of credit accident and health insurance

shall be delivered or issued for delivery in this state only by an insurer authorized to do an

insurance business in this state, and shall be issued only through holders of licenses or

authorizations issued by the commissioner.

      (b) The premiums for individual policies of credit accident and health insurance issued to

debtors or the cost to debtors of accident and health insurance coverage under group policies of

accident and health insurance issued to creditors, whether or not written by or through any lender

or other creditor, its affiliate, associate, or subsidiary or a director, officer, or employee of any of

them, shall not be deemed interest or charges nor consideration or any amount for any

examination, service, brokerage, commission, compensation for services, incidental expenses, or

other thing or otherwise, in addition to or in excess of permitted interest or charges in connection

with the loan or credit transaction. Any gain, participation, or advantage to any lender or other

creditor, its affiliate, associate, or subsidiary or to a director, officer, or employee of any of them

arising out of the premium or cost by way of commission, dividend, or otherwise, shall not be

deemed interest or charges nor consideration or any amount for any examination, service,

brokerage, commission, compensation for services, incidental expenses, or other thing or

otherwise, in addition to or in excess of permitted interest or charges in connection with the loan

or credit transaction, and shall not be deemed a violation of any law, general or special, civil, or

criminal, of this state.

      (c) Notwithstanding any other provision of law, a creditor to whom a group policy of

accident and health insurance is issued shall not be deemed to be acting as an insurance producer

of the insurance for the insurance company issuing the policy or for any other person or persons,

and no creditor to whom a group policy of accident and health insurance is issued shall, solely by

reason of the insurance of the group policy, be required to qualify as a licensed insurance

producer or otherwise to be licensed or authorized by the commissioner.

      (d) Any creditor doing business in the state of Rhode Island may, in the same office or

place of business where the creditor transacts business, obtain accident and health insurance upon

a borrower or purchaser or one of them if there are two (2) or more in connection with the making

of a loan or sale.

 

     27-31-11. Claims. -- (a) All claims shall be promptly reported to the insurer or its

designated claim representative, and the insurer shall maintain adequate claim files. All claims

shall be settled as soon as possible and in accordance with the terms of the insurance contract.

      (b) All claims shall be paid either by draft upon the insurer or by check of the insurer to

the order of the claimant to whom payment of the claim is due pursuant to the policy provisions,

or upon direction of the claimant to one specified.

      (c) No plan or arrangement shall be used by which any person, firm, or corporation other

than the insurer or its designated claim representative shall be authorized to settle or adjust

claims. The creditor shall not be designated as claim representative for the insurer in adjusting

claims; provided, that a group policyholder may, by arrangement with the group insurer, draw

drafts or checks in payment of claims due to the group policyholder subject to audit and review

by the insurer.

 

     27-31-12. Existing insurance -- Choice of insurer. -- When credit accident and health

insurance is required as additional security for any indebtedness, and if the premium for the

insurance is the subject of a separate charge to the debtor, the debtor shall, upon request to the

creditor, have the option of furnishing the required amount of insurance through existing policies

of insurance owned or controlled by him or her or of procuring and furnishing the required

coverage through any insurer authorized to transact an insurance business within this state.

 

     27-31-13. Regulations -- Enforcement. -- The commissioner may, after notice and

hearing, issue rules and regulations referenced to the section or sections that set forth the

legislative standards which they interpret or apply. Whenever the commissioner finds that there

has been a violation of this chapter or any rules or regulations issued pursuant to it, after written

notice of the violation and hearing given to the insurer or other person authorized or licensed by

the commissioner, he or she shall set forth the details of his findings together with an order for

compliance by a specified date. The order shall be binding on the insurer and other persons

authorized or licensed by the commissioner on the specified date unless sooner withdrawn by the

commissioner or a stay of the order has been ordered by a court of competent jurisdiction.

 

     27-31-14. Judicial review. -- In addition to any other remedy he or she may have, any

person considering himself or herself aggrieved by any act, decision, order, or omission of the

commissioner, may within thirty (30) days of that act, decision, order, or omission, bring a suit in

the superior court to review the act, decision, order, or omission. The extent of the review shall be

limited to questions of law. The court may, on its own motion or on the motion of any party, issue

any orders necessary to preserve the rights of the parties. Any person aggrieved by the decision of

the superior court in the suit may appeal to the supreme court.

 

     27-31-15. Penalties. -- In addition to any other penalty provided by law, any person who

violates an order of the commissioner after it has become final, and while the order is in effect,

shall, upon proof of it to the satisfaction of the court, forfeit and pay to the state a sum not to

exceed two hundred fifty dollars ($250) which may be recovered in a civil action, except that if

the violation is found to be willful, the amount of the penalty shall be a sum not to exceed one

thousand dollars ($1,000). The commissioner, in his or her discretion, may revoke or suspend the

license or certificate of authority of the person guilty of the violation. The order for suspension or

revocation shall be upon notice and hearing, and shall be subject to judicial review as provided in

section 27-31-14.

 

     27-31-16. Severability. -- If any provision of this chapter, or the application of the

provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and

the application of the provision to any person or circumstances other than those as to which it is

held invalid, shall not be affected by that invalidity.

 

     27-31-17. Constitutionality. -- Should the court declare any section or clause of this

chapter unconstitutional, then that decision shall affect only the section or clause declared to be

unconstitutional, and shall not affect any other section or clause of this chapter.

 

     27-31-18. Applicability. -- All the provisions of this chapter shall be applicable and

effective, notwithstanding the provisions of any other acts of the general assembly previously

enacted and now in force and effect.

 

     SECTION 7. This section and sections 1, 2, 4, 5 and 6 shall take effect upon passage.

Section 3 shall take effect ninety (90) days after the effective date of this act; provided, however,

that the department of business regulation, in his or her discretion, may extend said period by no

more than one additional ninety (90) day period.

     

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LC01669/SUB A

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