(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.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Section 3-102 - Presumption of Death
Section 3-103 - Certain Insurance Policy Provisions Invalid and Unenforceable
Section 3-104 - Protection of Property of Absentee
Section 3-105 - Search for Absentee
Section 3-106 - Termination of Guardianship Proceedings
Section 3-108 - Reappearance of Absentee
Section 3-109 - Insurance on Life of Absentee Not Found to Be Dead