632.475 Life insurance policy loans.
(1) Definitions. In this section:
(a) “Policy" includes a life insurance policy, a certificate issued by a fraternal benefit society and an annuity contract.
(b) “Policy loan" means a loan by an insurer, including a premium loan, secured by the cash surrender value of a policy issued by the insurer.
(c) “Policy year" means a year beginning on the anniversary date of a policy.
(2) Interest rates. A policy providing for policy loans shall contain a provision for a maximum interest rate on the loans in accordance with one but not both of the following:
(a) A provision permitting an adjustable maximum rate established from time to time by the insurer.
(b) A provision permitting a specified rate not exceeding 12 percent per year.
(3) Adjustable maximum rate. The rate of interest charged on a policy loan under sub. (2) (a) shall not exceed the higher of the following:
(a) The rate used to compute the cash surrender values under the policy during the applicable period plus 1 percent per year.
(b) Moody's corporate bond yield monthly average, as published by Moody's Investors Service, Inc., or its successor, for the month ending 2 months before the rate is applied. If the monthly average is no longer published, a comparable average shall be substituted by the commissioner by rule.
(4) Frequency of changes. If the maximum rate of interest is determined under sub. (2) (a) the policy shall contain a provision setting forth the frequency at which the rate is to be determined for that policy.
(5) Intervals and limits on changes. The maximum rate of interest for a policy subject to sub. (2) (a) shall be determined at regular intervals at least once every 12 months, but not more frequently than once in any 3-month period. At the intervals specified in the policy:
(a) The rate being charged may be changed as permitted under sub. (3) but no such change shall be less than 0.5 percent per year; and
(b) The rate being charged must be reduced to or below the maximum rate as determined under sub. (3) whenever the maximum is lower than the rate being charged by 0.5 percent or more per year.
(6) Notice. The life insurer shall:
(a) Notify the policyholder of the initial rate of interest on the loan at the time a policy loan is made, if the loan is not a premium loan.
(b) Notify the policyholder with respect to premium loans of the initial rate of interest on the loan as soon as it is reasonably practical to do so after making the initial loan. Notice need not be given to the policyholder when a further premium loan is added, except as provided in par. (c).
(c) Send to policyholders with loans 30 days' advance notice of any increase in the interest rate.
(7) Coverage continuation. No policy may terminate in a policy year as the sole result of a change in the loan interest rate during that policy year. The insurer shall maintain coverage until it would have terminated if there had been no change.
(8) Policy provisions. The pertinent provisions of subs. (2) and (4) shall be set forth in substance in the policies to which they apply.
History: 1981 c. 51; 1983 a. 215; 2001 a. 103.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 632 - Insurance contracts in specific lines.
632.07 - Prohibiting requiring property insurance in excess of replacement value.
632.10 - Definitions applicable to property insurance escrow.
632.102 - Payment of final settlement.
632.103 - Procedure for payment of withheld funds.
632.104 - Funds released to mortgagee.
632.14 - Bonds need not be under seal.
632.17 - Validity of surety bonds.
632.18 - Rustproofing warranties insurance.
632.185 - Vehicle protection product warranty insurance policy.
632.22 - Required provisions of liability insurance policies.
632.23 - Prohibited exclusions in aircraft insurance policies.
632.24 - Direct action against insurer.
632.25 - Limited effect of conditions in employer's liability policies.
632.32 - Provisions of motor vehicle insurance policies.
632.34 - Defense of noncooperation.
632.35 - Prohibited rejection, cancellation and nonrenewal.
632.36 - Accident in the course of business or employment.
632.365 - Use of emission inspection data in setting rates.
632.37 - Motor vehicle glass repair practices; restriction on specifying vendor.
632.375 - Motor vehicle repair practices; restriction on specifying vendor.
632.38 - Nonoriginal manufacturer replacement parts.
632.41 - Prohibited provisions in life insurance.
632.42 - Trustee and deposit agreements in life insurance.
632.43 - Standard nonforfeiture law for life insurance.
632.435 - Standard nonforfeiture law for individual deferred annuities.
632.44 - Required provisions in life insurance.
632.45 - Contracts providing variable benefits.
632.46 - Incontestability and misstated age.
632.47 - Assignment of life insurance rights.
632.475 - Life insurance policy loans.
632.48 - Designation of beneficiary.
632.50 - Estoppel from medical examination.
632.56 - Required group life insurance provisions.
632.57 - Conversion option in group and franchise life insurance.
632.60 - Limitation on credit life insurance.
632.62 - Participating and nonparticipating policies.
632.63 - Unclaimed life insurance and annuities.
632.64 - Certification of disability.
632.65 - Annuities exempt from regulation.
632.66 - Annuity contracts without life contingencies.
632.67 - Effect of power of attorney for health care.
632.695 - Applicability of general transfers at death provisions.
632.697 - Benefits subject to department's right to recover.
632.71 - Estoppel from medical examination, assignability and change of beneficiary.
632.715 - Reports of action against health care provider.
632.72 - Medical benefits or assistance; assignment.
632.725 - Standardization of health care billing and insurance claim forms.
632.726 - Current procedural terminology code changes.
632.729 - Prohibiting discrimination based on COVID-19.
632.73 - Right to return policy.
632.74 - Reinstatement of individual or franchise disability insurance policies.
632.745 - Coverage requirements for group and individual health benefit plans; definitions.
632.746 - Preexisting condition; portability; restrictions; and special enrollment periods.
632.747 - Guaranteed acceptance.
632.748 - Prohibiting discrimination.
632.749 - Contract termination and renewability.
632.7495 - Guaranteed renewability of individual health insurance coverage.
632.7497 - Modifications at renewal.
632.75 - Prohibited provisions for disability insurance.
632.755 - Public assistance and early intervention services.
632.76 - Incontestability for disability insurance.
632.77 - Permitted provisions for disability insurance policies.
632.775 - Effect of power of attorney for health care.
632.78 - Required grace period for disability insurance policies.
632.793 - Notice of loss of primary insurance coverage due to age.
632.795 - Open enrollment upon liquidation.
632.797 - Disclosure of group health claims experience.
632.798 - Out-of-pocket costs.
632.80 - Restrictions on medical payments insurance.
632.81 - Minimum standards for certain disability policies.
632.82 - Renewability of long-term care insurance policies.
632.825 - Midterm termination of long-term care insurance policy by insured.
632.83 - Internal grievance procedure.
632.835 - Independent review of coverage denial determinations.
632.84 - Benefit appeals under certain policies.
632.845 - Prohibiting refusal to cover services because liability policy may cover.
632.85 - Coverage without prior authorization for treatment of an emergency medical condition.
632.853 - Coverage of drugs and devices.
632.855 - Requirements if experimental treatment limited.
632.857 - Explanation required for restriction or termination of coverage.
632.861 - Prescription drug charges.
632.865 - Pharmacy benefit managers.
632.866 - Step therapy protocols.
632.867 - Oral and injected chemotherapy.
632.87 - Restrictions on health care services.
632.873 - Restrictions relating to fees for dental services.
632.875 - Independent evaluations relating to chiropractic treatment.
632.88 - Policy extension for handicapped children.
632.885 - Coverage of dependents.
632.89 - Coverage of mental disorders, alcoholism, and other diseases.
632.896 - Mandatory coverage of adopted children.
632.897 - Hospital and medical coverage for persons insured under individual and group policies.
632.8985 - Prohibiting abortion coverage.
632.899 - Medical savings accounts study.
632.93 - The fraternal contract.
632.95 - Fraud in obtaining membership.
632.96 - Beneficiaries in fraternal contracts.
632.97 - Application of proceeds of credit insurance policy.
632.975 - Portable electronics insurance.