State RegulationsOH specificDifficulty 3/5
An Ohio insured and her spouse, the primary beneficiary, die in the same auto accident, and the spouse survives the insured by a brief interval. The policy contains a common disaster (simultaneous death) clause. What is the effect of the clause?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
A common disaster clause deems the beneficiary to have predeceased the insured when both die in a common accident or within the short interval the clause specifies, without requiring proof of the exact order of death. The benefit then flows to the contingent beneficiary or successor taker, avoiding double probate of the same proceeds (Ohio beneficiary framework, ORC 3911.09 and companion sections).
Why the other options are wrong
- A) No statutory equal split applies; the clause redirects the entire benefit to the successor taker.
- B) The clause overrides the bare fact of brief survival, which is its whole purpose.
- C) The clause exists to avoid litigation over the order of death; no court determination is needed.
Memory hook
Same crash, short gap? The clause says the beneficiary went first.