Sri Lanka Consolidated Acts

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Control Of Insurance Act (No. 25 of 1962) - Sect 25

Acquisition of surrender value by policy

25.
(1) Where, in terms of a policy of life assurance, the policy is to mature upon death or upon survival to a fixed date or on earlier death, and the policy is subject to payment of premiums at an uniform rate for a fixed term or until earlier death, and all premiums have been paid for three consecutive years, the policy shall be deemed to acquire a surrender value, and, notwithstanding any contract to the contrary, shall not lapse by reason of non-payment of further premium but shall, notwithstanding such nonpayment, be kept alive to the extent of its paid-up value.
(2) Where a debt owing to an insurer is secured by a policy of life assurance issued by the insurer and, under subsection (1), the policy is kept alive to the extent of its paid-up value, the insurer-
(a) may treat the debt as a debt secured by the policy so kept alive, and thereupon the policy so kept alive shall be a security for the debt, or
(b) may reduce the amount of such paid-up value by an amount the present value of which is equal to the amount of the debt, and thereupon the debt shall cease to be owing to the insurer.
(3) This section shall not apply in any case where-
(a) the sum assured is payable only on the happening of a contingency which may not arise; or
(b) the paid-up value of the policy will be less than one hundred rupees; or
(c) the parties after default has occurred in the payment of the premium agree in writing to some other arrangement; or
(d) the surrender value of the policy is automatically applied under the terms of the contract for maintaining the policy in force notwithstanding the non-payment of premiums.


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