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§ 3-109. Payment of life insurance to beneficiaries

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 1. Absent Persons (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 3-109
§ 3-109. Payment of life insurance to beneficiaries
Uncontested claims
(a) 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.
Contested claims
(b) 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.
Payment of surrender value
(c) 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.
Insurance proceeds as part of estate
(d) 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.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006.
Formerly Art. 16, § 209.
MD Code, Courts and Judicial Proceedings, § 3-109, MD CTS & JUD PRO § 3-109
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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