§ 447.510 — Unclaimed funds held and owing by insurance company presumed abandoned, when — unclaimed funds defined — distribution of abandoned property, when.

Missouri § 447.510

• Jurisdiction: Missouri
• Title XXIX: OWNERSHIP AND CONVEYANCE OF PROPERTY
• Ch. 447: Lost and Unclaimed Property

Text

1.  Unclaimed funds, as defined in this section, held and owing by an insurance corporation shall be presumed abandoned if the last known address, according to the records of the corporation, of the person entitled to the funds is within this state.  If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation 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 or annuitant according to the records of the corporation.

2. "Unclaimed funds" , as used in this section, means all moneys held and owing by any insurance corporation unclaimed and unpaid for more than seven years or five years as provided in section 447.536 after the moneys became due and payable as established from the records of the corporation under any property insurance or casualty insurance policy or any life or endowment insurance policy or annuity contract which has matured or terminated, including all unpaid drafts, except drafts issued for the purpose of an offer of settlement.  It shall be the responsibility of the issuing company to establish that an unpaid draft was tendered as a settlement offer.  A life insurance policy not matured by actual proof of the death of the insured is deemed to be matured and the proceeds thereof are deemed to be due and payable if such policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based, unless the person appearing entitled thereto has within the preceding seven years or five years as provided in section 447.536 :

(1)  Assigned, readjusted, or paid premiums on the policy, or subjected the policy to loan; or

(2)  Corresponded in writing with the life insurance corporation concerning the policy. ­­ ­ Moneys otherwise payable according to the records of the corporation are deemed due and payable although the policy or contract has not been surrendered as required.

3.  (1)  Property distributable in the course of a demutualization, rehabilitation, or related reorganization of an insurance company is deemed abandoned two years after the date the property is first distributable if at the time of the first distribution the last known address of the owner on the books and records of the holder is known to be incorrect, or the distribution or statements are returned by the post office as undeliverable; and the owner:

(a)  Has not communicated in writing with the holder or its agent regarding the property; or

(b)  Otherwise communicated with the holder regarding the property as evidenced by a memorandum or other record on file with the holder or its agent.

(2)  Property distributable in the course of demutualization, rehabilitation, or related reorganization of a mutual insurance company that is not subject to subsection 1 of this section shall be reportable as otherwise provided in section 447.536 .

(3)  The initial report for December 31, 2002, required pursuant to this subsection shall be filed no later than November 1, 2003.  Any additional reports of property subject to subsection 1 of this section shall be reported and delivered no later than May first of each year for all property to be reported pursuant to this subsection for December of the preceding year.

Legislative History

(L. 1984 H.B. 1088 § 3, A.L. 1994 S.B. 757, A.L. 1998 H.B. 1510, A.L. 2003 S.B. 346)