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INSURANCE COMPANIES ACT (NORTHERN IRELAND) 1968 - SECT 74

Short title.

74. This Act may be cited as the Insurance Companies Act (Northern Ireland)
1968.

Schedule 1 rep. by 1976 NI3 art.95(2) sch.2. Schedule 2 rep. by 1973 c.58 s.54
schs.3,5; 1976 NI3 art.95(2) sch.2

1.(1) The value of a life policy shall be the difference between the present
value of the reversion in the sum assured according to the contingency upon
which it is payable, including any bonus or addition thereto made before the
commencement of the winding up, and the present value of the future annual
premiums.

(2) In calculating such present values interest shall be assumed at such rate,
and the rate of mortality according to such tables, as the court may direct.

(3) The premium to be calculated shall be such premium as according to the
said rate of interest and rate of mortality is sufficient to provide for the
risk incurred by the office in issuing the policy, exclusive of any addition
thereto for office expenses and other charges.

2. An annuity shall be valued according to the tables used by the company
which granted the annuity at the time of granting it, or, where those tables
cannot be ascertained or adopted to the satisfaction of the court, according
to such rate of interest and table of mortality as the court may direct.

3.(1) The value of a capital redemption policy shall be the difference between
the present value of the sum assured according to the date at which it is
payable, including any bonus or addition thereto made before the commencement
of the winding up, and the present value of the future annual premiums.

(2) In calculating such present values, interest shall be assumed at such rate
as the court may direct.

(3) The premium to be calculated shall be such premium as, according to the
said rate of interest, is sufficient to provide for the sum assured by the
policy, exclusive of any addition thereto for office expenses and other
charges.

4. The value of a current policy of any kind other than a life policy or a
capital redemption policy shall be such portion of the last premium paid as is
proportionate to the unexpired portion of the period in respect of which the
premium was paid: but this rule shall not apply to a policy of insurance upon
goods, merchandise or property on board of a vessel or aircraft, or a policy
of insurance against transit risks or risks incidental to transit, but any
such policy shall be valued in like manner as it would have been valued if
this Act had not passed.

5. The present value of a periodic payment under a policy, being a payment in
respect of personal injury or disease shall in the case of total permanent
incapacity, be such an amount as would, if invested in [the purchase under the
Government Annuities Act 1929 of a savings bank annuity], purchase an annuity
equal to seventy-five per cent. of the annual value of the periodic payment,
and, in any other case, shall be such proportion of that amount as may, under
the circumstances of the case, be proper.]

Where an insurance company to which this Act applies is being wound up by the
court or subject to the supervision of the court, the liquidator, in the case
of all persons appearing by the books of the company to be entitled to or
interested in policies granted by the company, shall

(a)ascertain the value of the liability of the company to each such person,
and

(b)give notice of that value to such persons in such manner as the court may
direct,

Schedule 5 rep. by 1978 c.23 s.122(2) sch.7 Pt.II; 1979 NI 13 art.55 sch.10



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