Subdivision 1. Petition for hearing. A petition may be filed requesting a hearing to determine entitlement to advance payment under an insurance policy on the life of an absentee. The petition shall contain the beneficiary's name, address, relationship to absentee, and the grounds justifying advance payment.
Subd. 2. Notification of hearing. Upon the filing of the petition, the court by certified mail shall notify the insurer who issued the policy of the date, time and place of the hearing. The insurer may appear at the hearing as a party in interest.
Subd. 3. Evidentiary burden. The petitioner has the burden to show by a fair preponderance of the evidence that:
(1) the absentee is missing, and there is reason to believe, dead;
(2) the beneficiary is a spouse, child, or other person dependent upon the absentee for support and maintenance; and
(3) the beneficiary has no source of income sufficient for support and maintenance at an adequate level.
Subd. 4. Advance payments. The court shall order periodic advance payments in appropriate amounts taking into consideration the needs of the beneficiary, the likelihood of the absentee's death, the amount payable under the policy, the possibility of the beneficiary providing the insurer with security for any reimbursement that may be required under section 578.13, subdivision 2, and any other relevant factors.
Payment made by the insurer under a court order shall discharge it from any liability to any party for the amounts paid.
1979 c 54 s 2; 1986 c 444; 2012 c 143 art 3 s 38
Structure Minnesota Statutes
Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds
Chapter 578 — Receivership; Absentees
Section 578.02 — Absentees; Possession, Management, And Disposition Of Property.
Section 578.03 — Warrant; Sheriff To Take Possession Of Property; Fees And Costs.
Section 578.04 — Notice Of Seizure; Appointment Of Receiver; Disposition Of Property.
Section 578.05 — Publication Of Notice.
Section 578.06 — Hearing By Court; Dismissal Of Proceeding; Appointment And Bond Of Receiver.
Section 578.07 — Transfer Of Property To Receiver.
Section 578.08 — Additional Property; Receiver To Take Possession.
Section 578.09 — Where No Corporeal Property; Receiver; Bond.
Section 578.10 — Care Of Property; Lease; Sale; Control Of Business.
Section 578.11 — Advance Life Insurance Payments To Absentee's Beneficiary.
Section 578.12 — Hearing By Court; Determination Of Right To Advance Life Insurance Payments.
Section 578.13 — Reappearance Of Absentee.
Section 578.14 — Use Of Proceeds.
Section 578.15 — Claims; Adjustment By Receiver.
Section 578.16 — Presumption Of Death From Absence.
Section 578.17 — Hearing By Court; Determination Of Death Of An Absentee.
Section 578.18 — Degree Of Burden Of Proof.
Section 578.19 — Dissolution Of Marriage.
Section 578.20 — Compensation Of Receiver; Title Of Absentee Lost After Four Years.