§ 47-30.2-13 — (211) Knowledge of death of insured or annuitant

North Dakota § 47-30.2-13

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-30.2: Revised Uniform Unclaimed Property Act

Text

1. In this section, "death master file" means the United States social security
administration death master file or other database or service that is at least as
comprehensive as the United States social security administration death master file for
determining that an individual reportedly has died.
2. With respect to a life or endowment insurance policy or annuity contract for which an
amount is owed on proof of death, but which has not matured by proof of death of the
insured or annuitant, the company has knowledge of the death of an insured or
annuitant when:
a. The company receives a death certificate or court order determining that the
insured or annuitant has died;
b. Due diligence, performed as required under section 26.1-55-02 to maintain
contact with the insured or annuitant or determine whether the insured or
annuitant has died, validates the death of the insured or annuitant;
c. The company conducts a comparison for any purpose between a death master
file and the names of some or all of the company's insureds or annuitants, finds a
match that provides notice that the insured or annuitant has died, and validates
the death; or
d. The company:
(1) Receives notice of the death of the insured or annuitant from an
administrator, beneficiary, policy owner, relative of the insured, or trustee or
from a personal representative, or other legal representative of the insured's
or annuitant's estate; and
(2) Validates the death of the insured or annuitant.
3. The following apply under this section:
a. A death master file match under subdivision c of subsection 2 occurs if the criteria
for an exact or partial match are satisfied as provided by:
(1) Law of this state other than this chapter, including chapter 26.1-55; or
(2) A rule or policy adopted by the insurance commissioner;
b. The death master file match does not constitute proof of death for the purpose of
submission to an insurance company of a claim by a beneficiary, annuitant, or

owner of the policy or contract for an amount due under an insurance policy or
annuity contract.
c. The death master file match or validation of the insured's or annuitant's death
does not alter the requirements for a beneficiary, annuitant, or owner of the policy
or contract to make a claim to receive proceeds under the terms of the policy or
contract.
d. The company shall make a good-faith effort using available records and
information to document the death of the insured or annuitant in accordance with
the time frame specified in chapter 26.1-55-02.
4. This chapter does not affect the determination of the extent to which an insurance
company before the effective date of this chapter had knowledge of the death of an
insured or annuitant or was required to conduct a death master file comparison to
determine whether amounts owed by the company on a life or endowment insurance
policy or annuity contract were presumed abandoned or unclaimed.