Under CIC §10113.6, if a life insurer does not deliver a policy by one of the specified methods — registered or certified mail, personal delivery with a signed receipt, or first-class mail with a signed receipt — and the owner disputes delivery, the burden of proving delivery falls on:
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Why A is correct
CIC §10113.6(a) lists the acceptable delivery methods that start the statutory return/cancellation period: registered or certified mail, personal delivery with a signed written receipt, first-class mail with a signed written receipt, or other reasonable means approved by the Commissioner. Subdivision (b) then places the burden of proof on the insurer if it did not deliver by one of those methods and a dispute arises with the owner. This allocation protects policyowners from having their cancellation rights silently expire. Note that a policy is deemed received six months after issuance if premiums have been paid.
Why the other options are wrong
- B) The owner is the party disputing delivery, so it is not the owner's burden. CIC §10113.6 places the burden of proving delivery on the insurer when an approved method was not used.
- C) The producing agent's involvement does not shift the statutory burden of proof. The obligation to prove delivery remains with the insurer under CIC §10113.6(b).
- D) The Commissioner enforces the Insurance Code but is not a party to the delivery dispute and bears no burden of proof regarding whether the policy was actually delivered.
Memory hook
No signed proof, no ticking clock — the insurer must show it actually delivered.