What provision presumes the insured survived the beneficiary if both are killed in a fatal accident?

The correct provision that presumes the insured survived the beneficiary if both are killed in a fatal accident is the common disaster clause. This provision addresses situations where the insured and the beneficiary die simultaneously in an accident, which can create complications for determining who receives the insurance benefit.

The common disaster clause typically stipulates that, in the event of such a tragedy, the policy will treat the insured as having survived the beneficiary. This means that the benefits will not be distributed to the beneficiary if they are presumed to have died at the same time as the insured. Instead, the insurance proceeds would go according to the contingent beneficiaries named in the policy or revert to the insured's estate.

This clause is important in ensuring clarity and preventing disputes over the distribution of insurance assets, thus protecting the intentions of the insured and helping in the smooth administration of the estate. The presence of this clause in an insurance policy helps to avoid the complexities and uncertainties that can ensue when both parties perish under circumstances where their times of death cannot be clearly established.