33-20-108. Dividends. (1) There shall be a provision in participating policies that, beginning not later than the end of the third policy year, the insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue on the policy anniversary or other dividend date specified in the policy, provided the policy is in force and all premiums to that date are paid.
(2) Except as hereinafter provided, any dividend becoming payable shall at the option of the party entitled to elect such option be either:
(a) payable in cash; or
(b) applied to any one of such other dividend options as may be provided by the policy.
(3) If any such other dividend options are provided, the policy shall further state which option shall be automatically effective if such party shall not have elected some other option. If the policy specifies a period within which such other dividend option may be elected, such period shall be not less than 30 days following the date on which such dividend is due and payable.
(4) The annually apportioned dividend shall be deemed to be payable in cash within the meaning of subsection (2)(a) above even though the policy provides that payment of such dividend is to be deferred for a specified period, provided such period does not exceed 6 years from the date of apportionment and that interest will be added to such dividend at a specified rate.
(5) If a participating policy provides that the benefit under any paid-up nonforfeiture provision is to be participating, it may provide that any divisible surplus becoming payable or apportioned while the insurance is in force under such nonforfeiture provision shall be applied in the manner set forth in the policy.
(6) In participating industrial life insurance policies, in lieu of the provision required in subsections (1) through (5) above, there shall be a provision that, beginning not later than the end of the fifth policy year, the policy shall participate annually in the divisible surplus, if any, in the manner set forth in the policy.
History: En. Sec. 302, Ch. 286, L. 1959; R.C.M. 1947, 40-3808.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
33-20-102. Industrial life insurance defined
33-20-103. Standard provisions required -- exceptions
33-20-107. Misstatement of age
33-20-109. Renumbered 33-20-131
33-20-111. Table of installments
33-20-113. Payment of premiums
33-20-114. Payment of claims -- interest
33-20-115. Beneficiary -- industrial policies
33-20-117. Nonforfeiture rights -- policies issued before operative date
33-20-118. Contestability -- excluded or restricted coverage
33-20-120. Policy settlements -- holding proceeds -- indebtedness deducted from proceeds
33-20-121. Prohibited provisions -- limitations on liability
33-20-122. Prohibited provisions -- industrial life insurance
33-20-123. Prohibited policy plans -- life insurance policies or annuity contracts
33-20-124. Policy provisions -- conformity with state statutes
33-20-125. and 33-20-126 reserved
33-20-128. Life insurance policy paying long-term benefits -- monthly report
33-20-129. and 33-20-130 reserved
33-20-131. Policy loan or certificate loan
33-20-132. Variable policy loan interest rates -- purpose
33-20-133. Variable interest rates -- exclusions from application
33-20-134. Variable interest rates -- published monthly average defined
33-20-135. Variable interest rates on policy loans
33-20-136. Variable interest rates -- applicability to policies issued before October 1985
33-20-137. through 33-20-140 reserved
33-20-141. Notice required for cancellation
33-20-142. Contents of notice -- proof -- limitation on recovery -- exemptions
33-20-143. through 33-20-149 reserved
33-20-150. Life insurance policy and sales illustrations -- annuity disclosure -- rules