If excess benefits are paid to a debtor, who is responsible for returning the overpaid amount to the insurer?

The correct response to the question regarding responsibility for returning overpaid excess benefits to the insurer is that the debtor is responsible. In insurance transactions, if a debtor receives excess benefits beyond what is owed, it is their obligation to return the overpayment. This principle aligns with the idea of unjust enrichment, where one party should not profit at the expense of another by retaining more funds than they were entitled to.

In various contexts, including insurance law, the burden falls on the debtor to rectify any financial discrepancies. This is typically outlined in the terms of the policy or in legislation governing insurance contracts. The other parties, such as the beneficiary and the insurer, do not have a direct obligation to return these funds unless specified by the terms of the contract or law. The court may intervene in disputes or enforcement but does not have a responsibility in the direct act of returning the overpaid amount.