Life Policy ProvisionsQuestion 167 of 716

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.To the primary beneficiary's estate, because the beneficiary is presumed by statute to have survived the insured
b.The proceeds escheat to the state's unclaimed property fund, since no surviving beneficiary can be identified
c.Equally between the two estates, each one taking half of the death benefit under a mandatory statutory split rule
d.As if the insured survived the beneficiary, so proceeds go to the contingent beneficiary or insured's estate

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)

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Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)
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