Rule 20:06:06:07 Refunds.
20:06:06:07. Refunds. If credit life insurance on a
debtor terminates prior to expiration of the period for which the debtor has
been charged because of early discharge of indebtedness for any reason other
than payment of a death claim under the credit life insurance policy, a refund
of the charge for insurance shall be made to the debtor or credited to the
debtor's account, using one of the formulas following this paragraph. If credit
accident and health insurance on a debtor terminates prior to expiration of the
period for which the debtor has been charged for any reason except for payment
of a lump sum disability insurance benefit, a refund of the charge for
insurance shall be made to the debtor, the debtor's beneficiary, or the
debtor's estate, as appropriate, using one of the following formulas:
(1) The amount of the
refund in the case of reducing term credit life insurance or of credit health
insurance on which the charges to the debtor are payable by other than a single
sum of level term credit life insurance may not be less than the pro rata gross
unearned amount charged;
(2) The amount of the
refund in the case of reducing term credit life insurance or of credit health
insurance on which the insurance charges to the debtor are paid in a single sum
may not be less than the amount computed by the "sum of the digits"
formula, commonly known as the "rule of 78"; and
(3) A premium refund or
credit need not be made if the amount is less than one dollar.
Source:
4 SDR 6, effective August 9, 1977; 5 SDR 91, effective April 25, 1979; 12 SDR
151, 12 SDR 155, effective July 1, 1986.
General
Authority: SDCL 58-19-34.
Law
Implemented: SDCL 58-19-15.
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