Common disaster clause and simultaneous death

When the insured and the primary beneficiary die in the same accident and the order of death cannot be proven, simultaneous death rules and common disaster clauses treat the beneficiary as having died first. The proceeds go to the contingent beneficiary, or to the insured's estate if none is named.

Updated November 4, 2026 · every fact below links to its source

Key facts for the exam

  • Simultaneous death laws presume the primary beneficiary died before the insured, steering the proceeds away from the beneficiary's estate.Source: Texas Estates Code Chapter 121 — § 121.101, Simultaneous Death
  • With a common disaster clause, the contingent beneficiary takes. Only where no contingent beneficiary is named do the proceeds fall into the insured's estate.Source: PSI — New York DFS Insurance Candidate Information Bulletin — Outline, common disaster clause
  • The Uniform Simultaneous Death Act uses a default 120-hour survival rule for simultaneous or rapidly successive deaths.Source: Uniform Law Commission — Simultaneous Death Act — Simultaneous Death Act summary: default 120-hour survival rule
  • A survivorship clause requires the beneficiary to outlive the insured by a stated period, commonly 15 to 60 days, before the designation takes effect.Source: PSI — New York DFS Insurance Candidate Information Bulletin — Outline, survivorship period
  • Naming a contingent beneficiary as well as a primary one gives the proceeds a destination when the primary does not survive.Source: NAIC — Life Insurance Buyer's Guide — Buyer's Guide page 6, Naming beneficiaries
The trap. The proceeds do not go to the primary beneficiary's estate. Without a contingent beneficiary they fall into the insured's estate, so name one.

How the exam asks about it

Where it sits on your state's exam

The whole outline section, not this term alone. Shares come from each provider's published content outline.

Know it? Prove it on your state's questions.

Start with a free 15-question diagnostic in the app. Every answer explained, and the ones you miss come back on a schedule.

Take the free test →Get your study plan in the app

Scan with your iPhone camera

It opens the App Store on your phone — practice fits in the commute and between calls.