Maryland Code § CJ-3-109

Section CJ-3-109
Open in Lexace · Ask the AI about this section
(a) If the guardianship is terminated under § 3-106(b) of this subtitle, the
court may direct the payment to the beneficiaries of any sum due and unpaid under
any policy of insurance on the life of the absentee, if the claim is uncontested by the
insurer.
(b) If the guardianship is terminated under § 3-106(b) of this subtitle and
an insurer contests a claim under subsection (a) of this section, the court has
jurisdiction of the matter and shall determine, with the aid of a jury if one is called
for, the issue of death of the absentee and any other issue arising under the policy.
(c) In any proceeding under this section, if the absentee is not found to be
dead and the policy provides for a surrender value, the beneficiary may request the
guardian to demand the payment of surrender value. The guardian's receipt for the
payment is a release to the insurer of all claims under the policy. The guardian shall
pay to the beneficiary (or to the absentee's estate, if the beneficiary has not survived

the absentee) the sum so received, less the amount allowed by the court as costs of
the proceedings under this section.
(d) If the survival of a named beneficiary is not established, the provisions
of this subtitle apply as if the proceeds of insurance were a part of the estate of the
absentee.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.