In the event of Samantha’s death due to another driver’s negligence, what would her life insurer's position be?

Study for the CII Insurance Law (M05) exam. Enhance your preparation with quizzes featuring multiple choice questions, detailed hints, and explanations. Get ready to ace your test!

In the context of life insurance claims arising from a third party's negligence, the life insurer generally does not have rights of subrogation against the negligent driver. Subrogation refers to the insurer's right to pursue recovery from a third party responsible for the loss after they have paid a claim. In life insurance cases, the insurer pays out the death benefit to the beneficiaries as stipulated in the policy, regardless of the circumstances surrounding the death, as long as the policy is in force and there are no exclusions applicable.

When a death occurs due to the actions of another party, like in this scenario where another driver is at fault, the life insurer's obligation to pay is typically not contingent on pursuing the negligent party for compensation. This is primarily because life insurance operates under the principle of indemnity, and the insurer’s concern is to fulfill its contractual obligation to the policyholder's beneficiaries.

In this case, while the beneficiaries may have their own claims against the negligent driver—perhaps through a personal injury or wrongful death lawsuit—such actions do not directly involve the life insurer's responsibilities. The insurer's role is to provide the benefit stipulated in the policy without contesting the claim in relation to the circumstances of the death.

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