An insurer mails a life policy by ordinary first-class mail without obtaining any receipt, and the policyowner later disputes that the policy was ever delivered. Under CIC §10113.6, who bears the burden of proving delivery?

Why A is correct

Under CIC §10113.6(b), if an insurer does not deliver a policy by one of the approved methods, which are registered or certified mail, personal delivery with a signed receipt, or first-class mail with a signed receipt, the burden of proof is on the insurer to establish that the policy was delivered in the event of a dispute with the policyowner. This allocation protects the policyowner because the insurer controls the delivery process and is best positioned to document it. The statute also deems a policy received six months after issuance if premiums have been paid.

Why the other options are wrong

• B) The policyowner does not bear the burden; the statute deliberately shifts it to the insurer when delivery was not made by an approved method. This protects the owner, who did not control the delivery process.
• C) The producer is not the party charged with proving delivery under this statute, which addresses the insurer's delivery obligation. The insurer, not the agent, bears the statutory burden, and a signed receipt is the insurer's primary evidence that delivery actually occurred.
• D) The beneficiary has no role in proving delivery of the policy and may not even know that a policy existed during the insured’s lifetime. Delivery disputes are between the insurer and the policyowner, who holds the contract rights.

Memory hook

No receipt, no free-look clock, and the insurer carries the proof burden.