Section 3-109 - Insurance on life of absentee not found to be dead.
§ 3-109. Insurance on life of absentee not found to be dead.
(a) Payment to beneficiaries - No contest by insurer.- If the guardianship is terminated under § 3-106(b) of this subtitle, the court may direct the payment to the beneficiaries of any sum due and unpaid under any policy of insurance on the life of the absentee, if the claim is uncontested by the insurer.
(b) Payment to beneficiaries - Contested cases.- If the guardianship is terminated under § 3-106(b) of this subtitle and an insurer contests a claim under subsection (a) of this section, the court has jurisdiction of the matter and shall determine, with the aid of a jury if one is called for, the issue of death of the absentee and any other issue arising under the policy.
(c) Payment of surrender value.- In any proceeding under this section, if the absentee is not found to be dead and the policy provides for a surrender value, the beneficiary may request the guardian to demand the payment of surrender value. The guardian's receipt for the payment is a release to the insurer of all claims under the policy. The guardian shall pay to the beneficiary (or to the absentee's estate, if the beneficiary has not survived the absentee) the sum so received, less the amount allowed by the court as costs of the proceedings under this section.
(d) Survival of beneficiary not established.- If the survival of a named beneficiary is not established, the provisions of this subtitle apply as if the proceeds of insurance were a part of the estate of the absentee.
[An. Code 1957, art. 16, § 209; 1973, 1st Sp. Sess., ch. 2, § 1; 2006, ch. 44, § 6.]