4.7.1 Uniform Simultaneous Death Act
The Uniform Simultaneous Death Act is a law which provides that if the insured and the primary beneficiary both die under conditions in which it is impossible to determine which one died first, the insured will be presumed to have survived the primary beneficiary unless there is a policy provision to the contrary. (See Common Disaster Provision in the following section.)
Therefore, the secondary beneficiary of the policy would be entitled to receive the policy's benefits (since the primary beneficiary was presumed to have died first).
What happens if Sue and Bob (husband and wife) die in an accident at the same time? Their policy proceeds would go to their children, right? What if Sue and Bob have children other than with each other - perhaps through an earlier marriage? What if one died before the other, yet they both died? That is exactly why the Uniform Simultaneous Death Act and the common disaster provision were implemented.
What is the Uniform Simultaneous Death Act of Florida?
Where the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they have died other than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
