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Whole life insurance apportioned by the cash surrender value of whole life insurance is used and is subjected to a pro-rata apportionment if premiums have been paid by separate and community estates. The death benefit proceeds in excess of cash surrender value in a whole life insurance policy are apportioned as follows: Pro-rata apportionment is used. However, many states use the last premium paid when determining which estate paid for the death benefits. Under these determinations, the apportionment of the last payment determines the character of the death benefit. The apportionment of a whole-life policy if at the time of characterization the insured has become uninsured is apportioned as follows: If the contract is guaranteed renewable, the value of that right will be traceable to all the prior premium payments under the pro rata apportionment doctrine. Term life policy apportionment: If the policy is renewable without physician approval, it has some nominal value if the insured is uninsurable. If the insured is not insurable it has no value. The proceeds of a term policy characterized by the last premium paid. It determines the characterization of these proceeds.

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