1130a

When the insured and the beneficiary or beneficiaries in a life insurance or disability policy die and there is no evidence as to who died before, the policy shall be paid according to its terms as if the beneficiary or beneficiaries had died before the insured. No rule of evidence regarding simultaneous deaths shall apply to cases under this section.An agreement between the parties included in the policy by which the insured states that the benefits of the policy shall be paid to other beneficiaries instead of the heirs of the insured in cases of simultaneous deaths under this section, shall be valid. History —Ins. Code § 11.301.