Doubtful (ETA: for an indefinite period) imo and here's why.
(IIRC from Ins Pol. thread & links) the policies on Dr TS's life named MS as primary benef and the Dau's as contingent benef's.
If Dr TS died from vehicle crash, & death cert stated MoD = accident, ins co wd/pay all $ to primary (MS), no $ to contingent (Dau's).
Contingent benef's rcv $ only if primary benef pre-deceases the insured (Dr TS) or is otherwise disqualified from rcvg $, which he wd/be if convicted of her murder (or perhaps some other crim offense, such as manslaughter in causing her death).
LI co may hold death benefit $ for undetermined period, because Dr TS's death cert says MoD = homicide and the investigating LE agency has advised LI co's that (paraphrasing --->) MS the primary benef is a suspect in her death, thus disqualifying him under FL 'Slayer Statute,' from receiving the death benef $, if convicted.
So, if LI co 'skips over' MS as primary benef and pays $ to Dau's (or their guardians/ custodians) as contingent benef's, and
if, say, 1, 2, 3, 4, or 5 yrs from now ---
- MS is not tried in connection w her death, or
- MS is tried and found not guilty,
then LI co would be legally obligated to pay MS as primary benef all the $ it already pd Dau's.
When MS would complete claim forms & send to LI co, it would (virtually certainly) refuse to pay, and when MS would sue, LI co could not use as a defense we already gave $ to Daus. Anyone think a LI co wants to pay two times? No, heck no.
Bonus:
To prevent paying twice, LI co may file an interpleader action* in ct, basically saying - a life ins policy on this decedent (Dr TS) named MS as primary benef and Dau 1 & Dau 2 as contingent benef's; death ctf states MoD = homicide; we/the co cannot determine who to pay, so co is tendering the funds (enclosing a check for the death benefit amt, payable to the ct) and pls, court, you figure out who should receive it. Then the benef's are notified of action and can file their responses w ct. After hearings, maybe full blown trial, judge (or jury) eventually decides who sh/receive $ and releases funds/issue ck. to that person. JM2cts.
Welcoming W/S legal & life ins professionals & others to correct or clarify ^. Thx in adv.
ETA: More discussion in the
Life Ins Policy thread.
________________________________________________
*
* "Interpleader is civil procedure that allows a plaintiff to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred. It is often used to resolve disputes arising under insurance contracts." https://en.wikipedia.org/wiki/Interpleadervet
