policy holder and beneficiary died at the same time

[jeff68925]

What is the name of your state (only U.S. law)? California.

If both parties in a domestic partnership of 10 years are killed in vehicle crash, and the life insurance policy of the passenger has the driver as the beneficiary, does the next of kin of the passenger claim the benefits? Does the brother of the driver have any right to the policy?

 

[FlyingRon]

Depends if one is considered to have predeceased the other. If the insured dies first, then the money is the beneficiary's and their estate gets it. If the beneficiary dies first, then a backup beneficiary or the estate of the insured gets it. Some policies have specific wording to handle simultaneous (or near simultaneous) deaths.

 

[jeff68925]

report not filed yet

This vehicle accident just occerred last week. Will be 30 days until police report/coroner report is filed. Assuming deaths to be ruled simultaneous as vehicle rolled down embankment at high speed, and both were DOA.

 

[Betty]

It will depend on the policy provisions. What the policy says.

A policyowner when taking out an ins. policy can request a common disaster provision. This provision writes into the pol. that the primary bene must outlive the insured a specified length of time in cases of simultaneous (or near simultaneous) death; otherwise, the proceeds are paid to the contingent bene. The specified period the primary bene must outlive the insured is generally at least 10 days. When this prov. is chosen, the agt. should always ask for a contingent bene.

This is what I know from working at an ins. co.