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The 191st General Court of the Commonwealth of Massachusetts

Section 5A: Insurance proceeds; presumption of abandonment

Section 5A. (a) Subject to the provisions of section one A, funds held or owing by a life insurance company under any life or endowment insurance policy or annuity contract which has matured or terminated shall be presumed abandoned if unclaimed and unpaid for more than three years after the funds became due and payable as established from the records of the company.

(b) If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the company or if it is not definite and certain from the records of the company 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 company. This presumption is a presumption affecting the burden of proof.

(c) A life insurance policy not matured by actual proof of the death of the insured according to the records of the company is deemed to be matured and the proceeds due and payable if:—

(1) the insured has attained, or would have attained if he were living, the limiting age under the mortality table on which the reserve is based;

(2) the policy was in force at the time the insured attained, or would have attained, the limiting age specified in paragraph (1); and,

(3) neither the insured nor any other person appearing to have an interest in the policy has within the preceding three years, according to the records of the company (i) assigned, readjusted, or paid premiums on the policy, (ii) subjected the policy to loan, or (iii) corresponded in writing with the life insurance company concerning the policy.

(d) Any funds otherwise payable according to the records of the company are deemed due and payable although the policy or contract has not been surrendered as required.