Legal Question in Insurance Law in Massachusetts

Life insurance Payout with no Death Certificate

Is there an amount of time that needs to pass before an insurance company is required to pay to the beneficiary of a term life insurance policy ,when there is no death certificate for the deceased? In other words if there is no body recovered, therefore no death certificate issued ,is there a statue of time ,i.e. 7 years, that the insurance company must then make payment to the beneficiary for the policy value? Also is the company required to give such information to the beneficiary?


Asked on 1/06/04, 2:14 pm

1 Answer from Attorneys
Len Foy NH Residential Title & Escrow

Re: Life insurance Payout with no Death Certificate

Greetings -

This is a question that I'd like to research further, because the length of time may well be state-specific (in other words, it may be 7 years in one state, but longer or shorter in another state), but typically if a person is neither seen nor heard from for a period of seven (7) years, there is a legal presumption that the person is deceased.

That presumption can be overcome by evidence to the contrary, i.e., evidence that the person is not deceased.

My name is Len Foy, and I am an attorney with Gould & Gould. We have offices in Londonderry NH and Methuen MA, and I practice in both Massachusetts and New Hampshire. Our office telephone number is (603) 434-3437. If you'd like to make an app't for a consultation with me please call our office and ask to speak with Sonja to schedule that app't.

Regards & Happy New Year - Len Foy

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Answered on 1/07/04, 2:24 am


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