92                                                LAWS OF MARYLAND                                   [ Ch. 2

the proceedings are certified to the
Orphans' Court is included in §3—106(a).
The provisions of §210(3) appear in
§3-108 (b) .

SEC. 3-108. REAPPEARANCE OF ABSENTEE.

(A)   IN GENERAL.

AN ABSENTEE WHO APPEARS AFTER THE GUARDIANSHIP
HAS BEEN TERMINATED UNDER §3-106 MAY NOT BRING AN
ACTION TO RECOVER ANY PORTION OF HIS PROPERTY FROM THE
DISTRIBUTEES OF HIS ESTATE. HE IS LIMITED TO A CLAIM
FOR REIMBURSEMENT FROM THE ABSENTEE INSURANCE FUND.

(B)   PROCEEDING BY CLAIMANT AGAINST TREASURER.

IN A PROCEEDING BY THE CLAIMANT AGAINST THE
TREASURER, THE COURT MAY ORDER PAYMENT TO THE CLAIMANT
OF THAT PART OF THE ACCUMULATED FUND FROM ALL SOURCES
AS IN THE COURT'S OPINION IS FAIR AND REASONABLE UNDER
ALL THE CIRCUMSTANCES.

REVISOR'S NOTE: This section is new language
derived from Art. 16, §§ 206 and 210(3).
As is apparently the case under present
law, the right to claim against the fund is
not restricted to absentees subject to
termination by §3-106(b).

SEC. 3-109. INSURANCE ON LIFE OF ABSENTEE NOT FOUND
TO BE DEAD.

(A)    PAYMENT TO BENEFICIARIES. NO CONTEST BY
INSURER.

IF THE GUARDIANSHIP IS TERMINATED UNDER
§3-106(B), THE COURT MAY DIRECT THE PAYMENT TO THE
BENEFICIARIES OF ANT SON DUE AND UNPAID UNDER ANY
POLICY OF INSURANCE ON THE LIFE OF THE ABSENTEE, IF
THE CLAIM IS UNCONTESTED BY THE INSURER.

(B)  PAYMENT TO BENEFICIARIES - CONTESTED CASES.

IF THE GUARDIANSHIP IS TERMINATED UNDER §3-106(B)
AND AN INSURER CONTESTS A CLAIM UNDER SUBSECTION (A) OF
THIS SECTION, THE COURT HAS JURISDICTION OF THE MATTER
AND SHALL DETERMINE, WITH THE AID OF A JURY IF ONE IS
CALLED FOR, THE ISSUE OF DEATH OF THE ABSENTEE AND ANY
OTHER ISSUE ARISING UNDER THE POLICY.