§ 33-21.1-7. Funds owing under life insurance policies.
(a) Funds held or owing under any life or endowment insurance policy or annuity contract
that has matured or terminated are presumed abandoned if unclaimed for more than three
(3) years after the funds became due and payable as established from the records of
the insurance company holding or owing the funds, but property described in subsection
(c)(2) is presumed abandoned if unclaimed for more than two (2) years.
(b) If a person other than the insured or annuitant is entitled to the funds and an address
of the person is not 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 chapter, 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 matured and the proceeds due and payable, if:
(1) The company has received due proof of death that the insured or annuitant has died;
or
(2)(i) The insured has attained, or would have attained if he or she were living, the limiting
age under the mortality table on which the reserve is based;
(ii) The policy was in force at the time the insured attained, or would have attained,
the limiting age specified in subparagraph (i); and
(iii) Neither the insured nor any other person appearing to have an interest in the policy
within the preceding two (2) years, according to the records of the company, has assigned,
readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded
in writing with 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 chapter, 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) if the insured has
died or the insured or the beneficiary of the policy otherwise has become entitled
to the proceeds of the deposit before the depletion of the cash surrender value of
a policy by the application of those provisions.
(e) If the laws of this state or the terms of the life insurance policy require the company
to give notice to the insured or owner that an automatic premium loan provision or
other nonforfeiture provision has been exercised and the notice, given to an insured
or owner whose last known address according to the records of the company is in this
state, is undeliverable, the company shall make a reasonable search to ascertain the
policyholder's correct address to which the notice must be mailed.
(f) Notwithstanding any other provision 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 (4) months after the death, the company shall take reasonable steps to
pay the proceeds to the beneficiary.
(g) Commencing two (2) years after July 1, 1987, 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.