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.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 200a - Disposition of Unclaimed Property
Section 1a - Intangible Personal Property; Presumption of Abandonment
Section 2 - Property; Presumption of Abandonment
Section 3 - Property on Deposit; Presumption of Abandonment
Section 3a - Automatically Renewable Abandonment Periods
Section 4 - Property Deposited as Security; Presumption of Abandonment
Section 5 - Dividends, Stock, Bonds, etc.; Presumption of Abandonment
Section 5a - Insurance Proceeds; Presumption of Abandonment
Section 5b - Dividends, Etc. of Business Associations; Presumption of Abandonment
Section 5c - Employee Benefit Trust Distributions; Presumption of Abandonment
Section 5d - Gift Certificates; Validity; Expiration; Redemption
Section 6 - Money Paid Into Court; Presumption of Abandonment
Section 6a - Property Distributable Upon Dissolution or Liquidation; Presumption of Abandonment
Section 6b - Traveler's Checks and Other Written Instruments; Presumption of Abandonment
Section 6c - Traveler's Checks and Other Written Instruments; Records; Penalty
Section 6d - Property Payable in Course of Demutualization; Presumption of Abandonment
Section 6e - Mineral Proceeds; Abandonment
Section 7 - Report; Form; Contents
Section 7a - Notice to Property Owner at Last Known Address
Section 7b - Property Owner's Last Known Address; Record
Section 8 - Notice of Certain Unclaimed Property; Publication; Form
Section 8a - Delivery or Payment of Abandoned Property to State Treasurer
Section 8b - Recovery of Property by Another State
Section 9 - Property Surrendered to Treasurer; Liquidation; Funds
Section 10 - Property Surrendered to Treasurer; Claims; Hearings; Appeals
Section 10a - Dividends, Interest, etc.; Credit to Owner's Account
Section 11 - Actions by or in Another State to Reclaim Property; Costs; Information
Section 13 - Agreements to Recover Property
Section 13a - Rules and Regulations
Section 13b - Extensions for Filing Reports of Abandoned Property
Section 15a - Delivery or Payment of Abandoned Property as Release and Discharge
Section 15b - Duplicate Certificates of Ownership; Holders of Interests Under Sec. 5b
Section 15c - Charges and Cessation of Interest on Abandoned Property
Section 15d - Good Faith Delivery to Treasurer; Defense and Indemnification by Commonwealth