393A.130 Knowledge of death of insured or annuitant.

400 words·~2 min read·/ky/chapter-393a/393a-130

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)As used 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)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;

(c)The administrator or the administrator's agent conducts a comparison for the

purpose of finding matches during an examination conducted under KRS

393A.550 to 393A.650 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 the company 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, executor, 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 rules apply under this section:

(a)A death-master-file match under subsection (2)(b) or

(c)of this section occurs

if the criteria for an exact or partial match are satisfied as provided by KRS

304.15-420;

(b)The death-master-file match shall 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; and

(c)The death-master-file match or validation of the insured's or annuitant's death

shall 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.