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Assignment
Assignment
Death of Assignee:
In the case of conditional assignment, if death of the conditional
assignee is established, the benefit under the policy reverts to
the life assured. On the other hand, if the assignment is
absolute, the interest in the policy on the death of the assignee
would vest in the estate of the assignee and person who obtains
evidence of title to the estate of assignee would be entitled to
the policy moneys.
As assignment of a policy made in accordance with the Section 38
of the Insurance Act automatically cancels the Nomination under
a policy subject to the provision where a loan is granted by the
insurer on the security of the policy, the assignment in favour
of the insurer does not cancel the Nomination but affects
the right of the Nominee, only to the extent of the insurers
interest in the policy.
The valid assignment once made cannot be cancelled by the assignor
though the Notice of Assignment had not been served on the Corporation
for the reason that by executing the assignment the assignor has
created a vested interest in favour of the assignee and he has denied
himself the interest under the policy from the date of the assignment.
Hence to cancel the assignment there must be a valid reassignment
made on the policy or by a separate deed by the assignee who must
be major and competent to contract.
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