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15
Protection against Creditors
Dan M. McGill
Revised by Burke A. Christensen

Chapter Outline

NONSTATUTORY PROTECTION
Creditors of the Insured
Creditors of the Beneficiary
STATUTORY PROTECTION
Types of Statutes
Functional Analysis of the Statutes
SCOPE OF EXEMPTION STATUTES

The protection enjoyed by life insurance against creditors� claims is a vast and complex subject, and it can be dealt with here in only the most cursory fashion. Emphasis will be on guiding principles with a minimum of substantiating detail. There are so many facets to the subject that a rather detailed outline is necessary. The most basic dichotomy distinguishes between protection available in the absence of special legislation and that available under statutes specifically designed to give life insurance a preferred status.

A life insurance policy is a valuable property right, and thus a policyowner�s creditors may attempt to acquire an interest in the policy�s value. A creditor may acquire an interest by operation of the contract in the following ways:

 

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