(A) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than five years after the funds became due and payable as established from the records of the insurance company holding or owing the funds, but property described in subsection (C)(2) is presumed abandoned if unclaimed for more than two years.
(B) If a person other than the insured or annuitant is entitled to the funds and an address of the person is not known to the company or it is not definite and certain from the records of the company who 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.
(C) For purposes of this chapter, a life or endowment insurance policy or annuity contract not matured by actual proof of the death of the insured or annuitant according to the records of the company is matured and the proceeds due and payable if:
(1) the company knows that the insured or annuitant has died; or
(2)(i) 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;
(ii) the policy was in force at the time the insured attained, or would have attained, the limiting age specified in subparagraph (i); and
(iii) neither the insured nor any other person appearing to have an interest in the policy within the preceding two years, according to the records of the company, has assigned, readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the company.
(D) For purposes of this chapter, the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from being matured or terminated under subsection (A) if the insured has died or the insured or the beneficiary of the policy otherwise has become entitled to the proceeds thereof before the depletion of the cash surrender value of a policy by the application of those provisions.
(E) If the laws of this State or the terms of the life insurance policy require the company to give notice to the insured or owner that an automatic premium loan provision or other nonforfeiture provision has been exercised and the notice given to an insured or owner whose last known address according to the records of the company is in this State, is undeliverable, the company shall make a reasonable search to ascertain the policyholder's correct address to which the notice must be mailed.
(F) Notwithstanding any other provisions of law, if the company learns of the death of the insured or annuitant and the beneficiary has not communicated with the insurer within four months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary.
(G) Commencing two years after the effective date of this chapter, every change of beneficiary form issued by an insurance company under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this State must request the following information:
(1) the name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the class;
(2) the address of each beneficiary; and
(3) the relationship of each beneficiary to the insured.
HISTORY: 1988 Act No. 658, Part II, Section 34A.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 18 - Uniform Unclaimed Property Act
Section 27-18-10. Short title.
Section 27-18-20. Definitions.
Section 27-18-30. Property presumed abandoned; demand for payment not required.
Section 27-18-40. Conditions for taking custody of intangible unclaimed property.
Section 27-18-50. Travelers checks, money orders, or similar written instruments.
Section 27-18-70. Demand, savings, or matured time deposits with banking or financial organizations.
Section 27-18-75. Escheatment of United States savings bonds.
Section 27-18-76. Claims for escheated United States savings bonds or proceeds from bond.
Section 27-18-90. Utility service deposits, advance payments, or ordered refunds.
Section 27-18-100. Business associations; refunds ordered by court or administrative agency.
Section 27-18-140. Unclaimed intangible property presumed abandoned; tax refund checks.
Section 27-18-150. Credit memo.
Section 27-18-160. Unpaid wages and unpresented payroll checks.
Section 27-18-170. Contents of safe deposit boxes or other safekeeping repositories.
Section 27-18-175. Application of chapter.
Section 27-18-180. Report of unclaimed property; notice to apparent owner.
Section 27-18-190. Administrator's notice of abandoned property; publication; contents; exceptions.
Section 27-18-230. Sale of property by administrator.
Section 27-18-260. Recovery by another state of property paid or delivered to administrator.
Section 27-18-270. Appeal of decision of administrator, court action to establish claim to property.
Section 27-18-300. Periods of limitation.
Section 27-18-320. Length of time holders must retain records.
Section 27-18-330. Authority of administrator to enforce chapter.
Section 27-18-350. Interest and penalties for violations of chapter.
Section 27-18-370. Application of chapter to foreign property or transactions.
Section 27-18-390. Authority of administrator to adopt rules.