27-17A-3
Section 27-17A-3 Funding of preneed contracts; premium payments; commissions; preneed seller
as beneficiary or assignee. (a) Nothing in this chapter shall be construed to prohibit the
funding of preneed contracts with multiple insurance or annuity contracts. Life insurance
and annuity contracts used to fund preneed contracts shall conform with the provisions of
this title as they relate to life insurance and annuities and shall cover not less than the
initial retail price of the preneed contract. (b) The initial premium payment for a life insurance
policy or annuity contract shall be made payable to the issuing insurance company and the
preneed seller shall remit the payment to the insurance company within 10 business days after
the insurance application is signed by the parties. If a preneed contract provides for installment
payments, each premium payment shall be made payable to the insurance company and, if collected
by the preneed seller, shall be remitted to the insurance company...
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27-17-16
Section 27-17-16 Valuation of life insurance reserve liabilities for burial insurance policies;
increase in amount of insurance; minimum standards for valuation; notice to commissioner as
to change in valuation standards; increase in retail value, nonforfeiture value, and cash
surrender value; construction with other laws. (a) Except as hereinafter provided, any authorized
insurer who issues or has heretofore issued "burial insurance" in this state shall
value the life insurance reserve liabilities for such policies (hereinafter "burial reserves")
in accordance with the provisions of Section 27-36-7. (b) An insurer shall increase the amount
of insurance on which its burial reserves are based, not to exceed the retail value of such
benefits as stated in the policies, when appropriate to reflect an increase in the costs to
the insurer of providing the policy benefits. When an insurer shall increase the amount of
insurance for this purpose, it shall be permitted to change the assumed...
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27-17A-13
Section 27-17A-13 Monies to be placed in trust; compliance by pre-existing preneed contracts.
(a) Except as provided in Sections 27-17A-3 and 27-17A-14, every preneed contract shall require
the monies paid to the seller or trustee to be placed in trust in accordance with Article
3, for funeral merchandise and services sold by funeral establishments or third party sellers,
or Article 4, for cemetery merchandise and services sold by cemetery authorities. (b) Although
this chapter does not apply to preneed contracts entered into prior to May 1, 2002, a preneed
provider which contends that a preneed trust fund which was in effect prior to May 1, 2002,
complies with this chapter with respect to the contracts entered into prior to May 1, 2002,
may provide to the commissioner documentary proof thereof. Upon the commissioner determining
that compliance has been established, the pre-existing preneed trust fund assets may be merged
with or into the trust fund required under this chapter or...
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27-1-8
Section 27-1-8 Life insurance companies may invest in notes secured by mortgages or deeds of
trust. Repealed by Act 2015-70 effective April 21, 2015. (Acts 1943, No. 438, p. 403; Acts
1961, Ex. Sess., No. 86, p. 2003.)...
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27-17A-12
Section 27-17A-12 Preneed contract forms; disclosure; approval. (a) Preneed contract forms
and related forms shall be filed with and approved by the commissioner. (b) Specific disclosure
regarding whether, consistent with the requirements of this chapter, the certificate holder
is placing certain preneed funds received with the contract in trust, in an annuity, or in
insurance, is required in the preneed contract. (c) Preneed contracts which have been submitted
to the commissioner shall be deemed to have been approved by the commissioner in the event
that the commissioner fails to notify the certificate holder that approval has been denied
within 30 days following submission to the commissioner. (Act 2002-74, p. 221, §1; Act 2014-216,
p. 653, §3.)...
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19-3A-407
Section 19-3A-407 Insurance policies and similar contracts. (a) Except as otherwise provided
in subsection (b), a fiduciary shall allocate to principal the proceeds of a life insurance
policy or other contract in which the trust or its fiduciary is named as beneficiary, including
a contract that insures the trust or its fiduciary against loss for damage to, destruction
of, or loss of title to a trust asset. The fiduciary shall allocate dividends on an insurance
policy to income if the premiums on the policy are paid from income, and to principal if the
premiums are paid from principal. (b) A fiduciary shall allocate to income proceeds of a contract
that insures the fiduciary against loss of occupancy or other use by an income beneficiary,
loss of income, or, subject to Section 19-3A-403, loss of profits from a business. (c) This
section does not apply to a contract to which Section 19-3A-409 applies. (Act 2000-675, p.
1343, §1.)...
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11-92-9
Section 11-92-9 Investment in warrants by trustees, executors, etc. A trustee, executor, administrator,
guardian, or other fiduciary may invest trust funds in warrants issued under the provisions
of this chapter unless otherwise directed by a court having jurisdiction or by the document
that is the source of authority. (Acts 1977, No. 694, p. 1223, §9.)...
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27-15-5
Section 27-15-5 Life insurance policy provisions - Entire contract; representations. There
shall be a provision that the policy, or the policy and the application or a summary of such
application, if a copy of the application or a summary thereof is endorsed upon or attached
to the policy when issued, shall constitute the entire contract between the parties and that
all statements contained in the application shall, in the absence of fraud, be deemed representations
and not warranties. In the event of discrepancies between the original application and the
summary, the contents of the original application shall govern. When a summary of the application
is attached to the policy, the insurer shall keep and maintain the original application for
insurance or a copy thereof for a period of not less than three years from the date on which
the policy was issued. (Acts 1935, No. 152, p. 194; Acts 1971, No. 407, p. 707, §350; Acts
1988, No. 88-545, p. 844, §2.)...
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27-36A-20
Section 27-36A-20 Small company alternative valuation. (a) A company calculating reserves under
this section shall calculate reserves for ordinary life insurance, accident and health insurance
contracts, credit life contracts, group life contracts, annuities, or deposit-type contracts
in this state as if the policies were issued before the operative date of the valuation manual.
For such policies issued after the operative date of the valuation manual, any mortality and
interest rates defined by the valuation manual for net premium reserves shall be used. A company
calculating reserves under this section shall comply with Section 27-36A-4(a) instead of Section
27-36A-4(b) and meet all of the following conditions: (1) The company has less than three
hundred million dollars ($300,000,000) of ordinary life premium. (2) If the company is a member
of a group of life insurers, the group has combined ordinary life premium of less than six
hundred million dollars ($600,000,000). (3) The...
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43-8-140
Section 43-8-140 Testamentary additions to trusts. A devise or bequest, the validity of which
is determinable by the law of this state, may be made by a will to the trustee of a trust
established or to be established by the testator and some other person or by some other person
(including a funded or unfunded life insurance trust, although the trustor has reserved any
or all rights of ownership of the insurance contracts) if the trust is identified in the testator's
will and its terms are set forth in a written instrument (other than a will) executed before
or concurrently with the execution of the testator's will or in the valid last will of a person
who has predeceased the testator (regardless of the existence, size, or character of the corpus
of the trust). The devise is not invalid because the trust is amendable or revocable, or because
the trust was amended after the execution of the will or after the death of the testator.
Unless the testator's will provides otherwise, the...
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