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.To the primary beneficiary's estate
b.The proceeds escheat to the state
c.Equally between both estates
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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