41-1828 — PAYMENT DISCHARGES INSURER -- PAYMENT TO MARITAL COMMUNITY
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TITLE 41
INSURANCE
CHAPTER 18
THE INSURANCE CONTRACT
41-1828. PAYMENT DISCHARGES INSURER -- PAYMENT TO MARITAL COMMUNITY. (1)
Whenever the proceeds of or payments under a life or disability insurance
policy or annuity contract heretofore or hereafter issued become payable in
accordance with the terms of such policy or contract, or the exercise of any
right or privilege thereunder, and the insurer makes payment thereof in
accordance with the terms of the policy or contract or in accordance with any
written assignment thereof, the person then designated in the policy or
contract or by such assignment as being entitled thereto shall be entitled to
receive such proceeds or payments and to give full acquittance therefor, and
such payments shall fully discharge the insurer from all claims under the
policy or contract unless, before payment is made, the insurer has received at
its home office written notice by or on behalf of some other person that such
other person claims to be entitled to such payment or some interest in the
policy or contract.
(2) Where the person designated in the policy or contract or by
assignment as being entitled thereto is a member of a marital community,
whether husband or wife, and the policy or contract is upon the life or
disability of either, he or she may receive payment, and shall be and is
constituted agent of the marital community with authority to give full
acquittance therefor; and such payment to the marital community agent so
designated shall fully discharge the insurer from all claims under the policy
or contract, but no rights of either member of the marital community, as
between themselves, to accounting or division shall be impaired or affected by
such payment.