(1) Every life insurance policy heretofore or hereafter made
payable to or for the benefit of the spouse of the insured, and
every life insurance policy heretofore or hereafter assigned,
transferred, or in any way made payable to a spouse or to a
trustee for the benefit of a spouse, regardless of how such
assignment or transfer is procured, shall, unless contrary to the
terms of the policy, inure to the separate use and benefit of
such spouse: PROVIDED, That the beneficial interest of a spouse
in a policy upon the life of a child of the spouses, however such
interest is created, shall be deemed to be a community interest
and not a separate interest, unless expressly otherwise provided
by the policy.
(2) In any life insurance policy heretofore or hereafter
issued upon the life of a spouse the designation heretofore or
hereafter made by such spouse of a beneficiary in accordance with
the terms of the policy, shall create a presumption that such
beneficiary was so designated with the consent of the other
spouse, but only as to any beneficiary who is the child, parent,
brother, or sister of either of the spouses. The insurer may in
good faith rely upon the representations made by the insured as
to the relationship to him or her of any such beneficiary.
[2009 c 549 § 7076; 1947 c 79 § .18.44; Rem. Supp. 1947 § 45.18.44.]