(1) In the event of default in the payment of any premium due on any policy issued after March 28, 1945, except term or convertible term policies, if not less than three full years' premiums have been paid thereon, there shall be secured to the insured, without action on his part, as specified in the policy, either paid-up insurance or extended insurance. The net value applied to such paid-up insurance or extended insurance shall be at least equal to the amount which would constitute the then reserve on the policy, including dividend additions, if any, calculated, with the privilege of one year preliminary term, upon the mortality table and rate of interest used in the policy as a basis for the calculation of such nonforfeiture benefits under the policy, less two and one-half percent of the amount insured by the policy and dividend additions, if any, or one-fifth of such reserve, and less any outstanding indebtedness to the company on the policy at time of default; but the mortality table and rate of interest used as a basis for the calculation of such nonforfeiture benefits shall be designated in the policy and shall be a mortality table and an interest rate acceptable for the valuation of such policy pursuant to section 10-7-101 (2).
If the mortality table so designated in any such policy is other than the Americanexperience table of mortality, a rate of mortality not more than one hundred thirty percent of the rate of mortality according to the table designated may be assumed in calculating any extended insurance, with accompanying pure endowment, if any, offered as a nonforfeiture benefit.
There shall be secured to the insured the right to surrender the policy to the companyat its home office within one month after date of default for the cash value otherwise available for paid-up insurance or extended insurance, but the right to cash dividends or to cash surrender value, provided by this section and section 10-3-205, may be specifically waived in the policy.
Nothing in this section shall be construed to prohibit the company from including inits policies a provision for automatic premium loans to prevent premium default.
No agreement between the company and the policyholder or applicant for insuranceshall be held to waive any of the provisions of this section and section 10-3-205, except as provided in this section.
Subsections (1) to (5) of this section shall not apply to any policy issued on or afterthe operative date of the "Standard Nonforfeiture and Valuation Act". As to any such policy the provisions of sections 10-7-302 to 10-7-308 shall be applicable.
Source: L. 13: p. 353, § 50. C.L. § 2523. CSA: C. 87, § 65. L. 45: p. 414, § 2. CRS 53: § 72-3-12. L. 61: p. 465, § 11. C.R.S. 1963: § 72-3-12.
Cross references: For the operative date of the "Standard Nonforfeiture and Valuation Act", see § 10-7-315.