Sec. 21.57.040. Amount of consumer credit insurance.
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Sec. 21.57.040. Amount of consumer credit insurance.
(a)The amount of coverage for credit life insurance payable at the time of loss
(1)may not exceed the greater of the actual net debt or the scheduled net debt, except insurance on an
(A)agricultural credit transaction commitment, not exceeding one year in duration, may be written up to the amount of the loan commitment on a nondecreasing or level term plan; and
(B)educational credit transaction commitment may be written for the net outstanding balance plus any unused commitment;
(2)may not be less than the actual net debt less any payments more than two months overdue if the coverage is written on the actual outstanding net debt;
(3)may not exceed the following if the coverage is written on the scheduled outstanding net debt:
(A)the scheduled net debt if the actual net debt is less than or equal to the scheduled net debt;
(B)the actual net debt if the actual net debt is greater than the scheduled net debt but less than or equal to the scheduled net debt plus two months of payments; or
(C)the scheduled net debt plus two months of payments if the actual net debt is greater than the scheduled net debt plus two months of payments;
(4)must equal the actual net debt on the date of death if a premium is assessed to the debtor on a monthly basis and is based on the actual net debt; and
(5)may be less than the net debt when the partial coverage is calculated using one of the following:
(A)the amount of insurance is the lesser of a stated amount and the amount is determined by
(2)of this subsection;
(B)the amount of insurance is the lesser of a stated amount and the amount is determined by
(3)of this subsection;
(C)the amount of insurance is a constant percentage of the amount determined by
(2)or
(3)of this subsection; or
(D)in the absence of any preexisting condition exclusion, the amount of insurance payable in the event of death due to natural causes is limited to the balance as it existed six months before the date of death if
(i)there has been at least one increase in the outstanding balance during that six-month period, other than an increase due to the accrual of interest or late charges; and
(ii)evidence of individual insurability has not been required during that six-month period.
(b)The director may provide for other patterns of insurance consistent with
(a)of this section by regulation.
(c)The total amount of periodic indemnity payable in the event of disability or unemployment, as defined in the policy, may not exceed the sum of the periodic scheduled unpaid installments of the gross debt. The amount of a periodic indemnity payment may not exceed the original gross debt divided by the number of periodic installments.
(d)If credit disability insurance or credit unemployment insurance is written in connection with an open-end consumer credit agreement, the amount of insurance may not exceed the gross debt that would accrue on the amount using the creditor's minimum repayment schedule. The periodic indemnity need not relate to the creditor's minimum repayment schedule.