58-57-50. Premium refunds or credits.
(a) Each individual policy or group certificate shall provide that in the event of termination of the insurance prior to the scheduled maturity date of indebtedness, any refund of an amount paid by the debtor for insurance shall be paid or credited promptly to the person entitled thereto.
(b) The refund of premiums for decreasing term credit life insurance shall be the actuarial method of calculating refunds which produces a refund equal to the original premium multiplied by the ratio of the sum of the remaining insured balances divided by the sum of the original insured balances as of the due date nearest the date of prepayment in full. The refund of premiums for single interest credit property insurance and single interest physical damage insurance shall be equal to the amount computed by the sum of digits formula known as the "Rule of 78." The refund of premiums for level term credit life insurance and dual interest credit property insurance and dual interest physical damage insurance shall be equal to the pro rata unearned gross premiums.
(c) The refund of premiums in the case of credit accident and health insurance shall be equal to one-half the amount computed by the sum-of-digits formula commonly known as the "Rule of 78" plus one-half the amount of the pro rata unearned gross premium.
In lieu thereof the refund may be computed by the "Pure Premium" method. The refund is computed from the schedule of credit accident and health premiums and is equal to the premium from that schedule which would be charged for such insurance in the amount of the total remaining benefits for the remaining term of the indebtedness outstanding on the date of termination.
(d) No refund need be made if the amount thereof is less than one dollar ($1.00).
(e) If a creditor requires a debtor to make any payment for credit life insurance or 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 such debtor and shall promptly make an appropriate credit to the account. (1975, c. 660, s. 1; 1981, c. 759, s. 8; 1989, c. 485, s. 7; 2005-181, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 57 - Regulation of Credit Insurance.
§ 58-57-1 - Application of Article.
§ 58-57-10 - Forms of insurance which are authorized.
§ 58-57-20 - Term; termination prior to scheduled maturity.
§ 58-57-30 - Forms to be filed with Commissioner; approval or disapproval by Commissioner.
§ 58-57-35 - General premium rate standard.
§ 58-57-40 - Credit life insurance rate standards.
§ 58-57-45 - Credit accident and health insurance rate standards.
§ 58-57-50 - Premium refunds or credits.
§ 58-57-55 - Issuance of policies.
§ 58-57-65 - Existing insurance; choice of insurer.
§ 58-57-71 - Enforcement and penalties.
§ 58-57-90 - Credit property insurance; personal property coverage.
§ 58-57-100 - Credit property insurance; automobile physical damage insurance.
§ 58-57-105 - Credit insurance on credit card balances.
§ 58-57-107 - Recodified as § 58-3-147, Session Laws 1993, c504, s40.
§ 58-57-110 - Credit unemployment insurance rate standards; policy provisions.
§ 58-57-115 - Family leave credit insurance standards; policy provisions.