The Uniform Simultaneous Death Act

The Uniform Simultaneous Death Act

• A. is effective in all 50 states
• B. presumes the insured survived the beneficiary if the order of death cannot be determined
• C. presumes the beneficiary survived the insured if both died within one hour of each other
• D. reverses the outcome of a common disaster clause in a policy

Answer: (B)

The key idea tested is how the Uniform Simultaneous Death Act handles when the order of death can’t be determined in a common disaster affecting the insured and the beneficiary. The Act provides a default presumption to avoid ambiguity: if there’s no evidence showing who died first, the insured is deemed to have survived the beneficiary for purposes of the policy. This means the life insurance proceeds are paid as if the insured outlived the beneficiary, which typically directs the funds to the insured’s estate (or to any contingent beneficiaries named in the policy), rather than to the beneficiary’s heirs. This is why the correct choice fits best: it captures the default rule the Act uses in the absence of proof about who died first. It’s not claiming the rule applies in every state—some jurisdictions haven’t adopted the Act or have similar provisions under different statutes. It also isn’t tied to a fixed one-hour window or to reversing any common disaster clause; it establishes a default presumption to resolve the payout when timing cannot be determined.

The key idea tested is how the Uniform Simultaneous Death Act handles when the order of death can’t be determined in a common disaster affecting the insured and the beneficiary. The Act provides a default presumption to avoid ambiguity: if there’s no evidence showing who died first, the insured is deemed to have survived the beneficiary for purposes of the policy. This means the life insurance proceeds are paid as if the insured outlived the beneficiary, which typically directs the funds to the insured’s estate (or to any contingent beneficiaries named in the policy), rather than to the beneficiary’s heirs.

This is why the correct choice fits best: it captures the default rule the Act uses in the absence of proof about who died first. It’s not claiming the rule applies in every state—some jurisdictions haven’t adopted the Act or have similar provisions under different statutes. It also isn’t tied to a fixed one-hour window or to reversing any common disaster clause; it establishes a default presumption to resolve the payout when timing cannot be determined.