Iowa Code 511.38 – Interest on delayed claims payments
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Terms Used In Iowa Code 511.38
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
511.38 Interest on delayed claims payments.
1. When an insurance policy provides for the payment of its proceeds to a beneficiary upon
the death of an individual and, without the written consent of the beneficiary, the company fails or refuses to pay the proceeds within thirty days after receipt of satisfactory proof of death, the company shall pay interest on the proceeds or any amount of the proceeds not paid within the thirty days, provided, however, if the policy requires a beneficiary to survive for a designated period after the death of the insured, the company shall pay interest on the proceeds or any amount of the proceeds not paid within thirty days after the designated period.
2. The interest owed on any amount of the proceeds of a policy under this section shall be computed from the date of receipt of the proof of death. The rate of interest shall be the higher of the following:
a. The effective rate of interest charged by the company on policy loans under section
511.36 on the date of receipt of proof of death.
b. The effective rate of interest paid by the company on death proceeds left on deposit with the company.
3. A payment of interest shall not be required under this section in any case in which the beneficiary elects to receive the proceeds under the policy by any means other than a lump sum payment.
89 Acts, ch 321, §35
Referred to in §507B.4
1. When an insurance policy provides for the payment of its proceeds to a beneficiary upon
the death of an individual and, without the written consent of the beneficiary, the company fails or refuses to pay the proceeds within thirty days after receipt of satisfactory proof of death, the company shall pay interest on the proceeds or any amount of the proceeds not paid within the thirty days, provided, however, if the policy requires a beneficiary to survive for a designated period after the death of the insured, the company shall pay interest on the proceeds or any amount of the proceeds not paid within thirty days after the designated period.
2. The interest owed on any amount of the proceeds of a policy under this section shall be computed from the date of receipt of the proof of death. The rate of interest shall be the higher of the following:
a. The effective rate of interest charged by the company on policy loans under section
511.36 on the date of receipt of proof of death.
b. The effective rate of interest paid by the company on death proceeds left on deposit with the company.
3. A payment of interest shall not be required under this section in any case in which the beneficiary elects to receive the proceeds under the policy by any means other than a lump sum payment.
89 Acts, ch 321, §35
Referred to in §507B.4