LGBTQ Members Can Designate Their Partners As Insurance Beneficiary
According to the Insurance Commission (IC), LGBTQ members may designate their partners as beneficiaries in their insurance plans. The IC has issued a legal opinion to the University of the Philippines College of Law, Gender Law and Policy Program stating:
The [IC] affirms your position that the insured who secures a life insurance policy on his or her own life may designate any individual as beneficiary.
The program director of the UP College of Law Gender Law and Policy Program, Professor E (Leo) Battad sought guidelines from the IC on the right of the insured to designate a beneficiary, particularly the rights of members of the LGBTQ+ community to designate their domestic partners as beneficiaries of their life insurance.
Insurance Commissioner Dennis Funa mentioned that the exceptions that apply are those contained in Article 2012 in relation to Article 739 of the Civil Code. These exceptions have no legal impediment to the designation as a beneficiary of the domestic partner of an insured who has secured a life insurance policy on his or her own life.
The exceptions contained in Article 2020 in relation to Article 739 are as follows:
- Those made between persons who were guilty of adultery or concubinage at the time of donation;
- Those made between persons found guilty of the same criminal offense
- Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
The Insurance Commissioner also confirmed that members of the LGBTQ+ community may present the legal opinion if an insurance agent would have an adverse view.
An individual who has secured a life insurance policy on his or her own life may designate any person as beneficiary provided that such designation does not fall under the enumerations provided by Article 739 of the Civil Code, without prejudice to the application of Section 12 of the Amended Insurance Code.
Meanwhile, Justice Secretary Menardo Guevarra has expressed his approval with the IC’s position acknowledging that there is no good reason why partners of the LGBTQs should be disallowed from being insurance beneficiaries. He added that in any event, prudence in designating insurance beneficiaries is every insured person’s lookout.