Life Policy ProvisionsQuestion 167 of 315
An insured and her primary beneficiary die in the same auto accident, and it cannot be determined who died first. Under the Uniform Simultaneous Death Act adopted in California, how are the proceeds typically distributed?
a.Equally between both estates
b.To the primary beneficiary's estate
c.As if the insured survived the beneficiary, so proceeds go to the contingent beneficiary or insured's estate
d.The proceeds escheat to the state
Explanation
Under the Uniform Simultaneous Death Act, when the insured and the primary beneficiary die in a common disaster and the order of deaths cannot be established, the insured is presumed to have survived the beneficiary. The death benefit is therefore paid to the contingent beneficiary, or to the insured's estate if none.
Law Reference: Cal. Prob. Code §220 (Uniform Simultaneous Death Act)Practice all 315 questions free — no signup required.
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