70C-6-106 - Refund or credit required -- Amount.
70C-6-106. Refund or credit required -- Amount.
(1) A debtor or his estate is entitled to any rebate or refund due from an insurer and toany unearned part of a separate charge for insurance previously paid by the debtor, resulting fromthe prepayment of a consumer credit debt, except when all refunds and credits due to the debtorunder this title amount to less than $5.
(2) A creditor shall promptly make or cause to be made an appropriate refund or credit tothe debtor with respect to any separate charge made to him for insurance if:
(a) the insurance is not provided or is provided for a shorter term than that for which thecharge to a debtor for insurance was computed; or
(b) the insurance terminates prior to the end of the term for which it was written becauseof prepayment in full or otherwise.
(3) All refunds or credit required by this section shall be computed according to a methodprescribed or approved by the Insurance Department or formula filed by the insurer with theInsurance Department at least 30 days before any debtor's right to a refund or credit becomesdeterminable, unless the method or formula is employed after the Insurance Department notifiesthe insurer that the method or formula has been disapproved.
(4) Except as provided in Subsection (1), a creditor is not obligated to account to a debtorfor any portion of a separate charge for insurance when:
(a) the insurance is terminated by performance of the insurer's obligation;
(b) the creditor pays or accounts for premiums to the insurer in amounts and at timesdetermined by the agreement between them; or
(c) the creditor receives directly or indirectly under any policy of insurance a gain oradvantage not prohibited by law.
Enacted by Chapter 159, 1985 General Session