Title 33, Chapter 25, Section 11
( 33-25-11)
(a) If a policy of life insurance is effected by any person on his
own life or on another life in favor of a person other than himself
or, except in cases of transfer with intent to defraud creditors, if
a policy of life insurance is assigned or in any way made payable to
any such person, the lawful beneficiary or assignee thereof, other
than the insured or the person so effecting such insurance or
executors or administrators of such insured or the person so
effecting the insurance, shall be entitled to its proceeds and
avails as against the creditors and representatives of the insured
and of the person effecting the same, whether or not the right to
change the beneficiary shall be reserved or permitted and whether or
not the policy shall be made payable to the person whose life is
insured if the beneficiary or assignee shall predecease such person. (b) Subject to the statute of limitations, the amount of any
premiums for said insurance paid with intent to defraud creditors
with interest thereon shall inure to the benefit of creditors from
the proceeds of the policy; but the insurer shall be discharged of
all liability thereon by payment of its proceeds in accordance with
its terms, unless before the payment the insurer shall have received
written notice, by or in behalf of a creditor, of a claim to recover
for transfer made or premiums paid with intent to defraud creditors,
with specifications of the amount claimed. |