33-20-120. Policy settlements -- holding proceeds -- indebtedness deducted from proceeds. (1) Any life insurer shall have the power to hold under agreement the proceeds of any policy issued by it, upon such terms and restrictions as to revocation by the policyholder and control by beneficiaries and with such exemptions from the claims of creditors of beneficiaries other than the policyholder as set forth in the policy or as agreed to in writing by the insurer and the policyholder. Upon maturity of a policy, in the event the policyholder has made no such agreement, the insurer shall have the power to hold the proceeds of the policy under an agreement with the beneficiaries. The insurer shall not be required to segregate the funds so held but may hold them as part of its general assets.
(2) In determining the amount due under any life insurance policy heretofore or hereafter issued, deduction may be made of:
(a) any unpaid premiums or installments thereof for the current policy year due under the terms of the policy; and
(b) the amount of principal and accrued interest of any policy loan or other indebtedness against the policy then remaining unpaid.
History: En. Secs. 323, 324, Ch. 286, L. 1959; R.C.M. 1947, 40-3829, 40-3830.
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