Title 44, Chapter 12, Section 208
( 44-12-208)
(a) Any funds held or owing by a fire, casualty, or any other
insurer or surety as defined in Title 33 or a hospital, medical, or
dental service corporation organized under Title 31 that are due and
payable, as established from the records of the insurer or surety
either to an insured, a principal, or other claimant under any
insurance policy or contract shall be presumed abandoned if they
have not been claimed or paid within five years after becoming due
or payable. Funds payable according to the insurer's or surety's
records are deemed due and payable although the policy or contract
has not been surrendered as required. (b) If a person other than the insured, the principal, or the
claimant is entitled to the funds and no address of the person is
known to the insurer or surety or if it is not definite and certain
from the records of the insurer or surety what person 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, the principal, or the claimant according to the records of
the insurer or surety. (c) Any sum for the payment of a claim under an insurance policy or
contract, which sum is payable on a negotiable instrument on which
the insurer is the maker or drawer shall be presumed abandoned if,
within five years from the date payable, or from the date of
issuance, if payable on demand, the owner has not: (1) Negotiated the instrument; (2) Corresponded in writing with the insurer concerning it; or (3) Otherwise indicated an interest by a writing on file with the
insurer. |