What is presumed if an insured and primary beneficiary appear to have died simultaneously?

In cases where both the insured and the primary beneficiary are presumed to have died at the same time, the general principle of "the common law rule of advancement" applies. This rule generally holds that, in the absence of clear evidence to the contrary, the primary beneficiary is assumed to have died first. This presumption is established to prevent the insured's estate from losing the benefits of the life insurance policy due to the simultaneous deaths.

This interpretation serves the purpose of ensuring that the proceeds of the policy go to contingent beneficiaries or the insured's estate if there is no clear evidence showing how the deaths occurred relative to one another. Therefore, it protects the interests of the insured's beneficiaries and ensures that the intent behind the policy is honored, which is to provide support to designated beneficiaries upon the insured's death.

Thus, the presumption that the primary beneficiary died first is grounded in law and practice, providing clarity in complex scenarios where simultaneous deaths can complicate the distribution of assets.