Title 44, Chapter 12, Section 198
( 44-12-198)
(a) Funds held or owing under any life or endowment insurance policy
or annuity contract which has matured or terminated are presumed
abandoned if unclaimed for more than five years after the funds
became due and payable as established from the records of the
insurance company holding or owing the funds, except that property
described in paragraph (2) of subsection (c) of this Code section is
presumed abandoned if unclaimed for more than two years. (b) If a person other than the insured or annuitant is entitled to
the funds and no address of the person is known to the company or it
is not definite and certain from the records of the company who is
entitled to the funds, it is presumed that the last known address of
the person entitled to the funds is the same as the last known
address of the insured or annuitant according to the records of the
company. (c) For purposes of this Code section, a life or endowment insurance
policy or annuity contract not matured by actual proof of the death
of the insured or annuitant according to the records of the company
is deemed matured and the proceeds due and payable if: (1) The company knows that the insured or annuitant has died; or (2) If all of the following conditions are met: (A) The insured has attained, or would have attained if he were
living, the limiting age under the mortality table on which the
reserve is based; (B) The policy was in force at the time the insured attained, or
would have attained, the limiting age specified in subparagraph
(A) of this paragraph; and (C) Neither the insured nor any other person appearing to have
an interest in the policy within the preceding two years,
according to the records of the company concerning the policy or
otherwise, indicated an interest as evidenced by a memorandum or
other record on file prepared by an employee of the company. (d) For purposes of this Code section, the application of an
automatic premium loan provision or other nonforfeiture provision
contained in an insurance policy does not prevent a policy from
being matured or terminated under subsection (a) of this Code
section if the insured has died or the insured or the beneficiaries
of the policy otherwise have become entitled to the proceeds thereof
before the depletion of the cash surrender value of a policy by the
application of that provision. (e) Notwithstanding any other provisions of law, if the company
learns of the death of the insured or annuitant and the beneficiary
has not communicated with the insurer within four months after the
death, the company shall take reasonable steps to locate the
beneficiary and pay the proceeds to the beneficiary. (f) On and after January 1, 1991, every change of beneficiary form
issued by an insurance company under any life or endowment insurance
policy or annuity contract to an insured or owner who is a resident
of this state must request the following information:
(1) The name of each beneficiary or, if a class of beneficiaries
is named, the name of each current beneficiary in the class; (2) The address of each beneficiary; and (3) The relationship of each beneficiary to the insured. |