Assignment can be done by mere endorsement on the policy or by a separate duly
stamped deed. Assignment can be done by the proposer, policy holder, or the
absolute assignee.
Assignor must be a major. Assignor must have an absolute right over the policy.
Assignment must be in writing. Assignor's signature along with a witness is a
must. Notice of assignment is to be submitted to the insurer.
There are two kinds of assignments.
» Conditional Assignment
» Absolute Assignment
Conditional assignment is usually effected for consideration of natural love and
affection. Absolute assignment is usually affected for valuable consideration.
On assigning the policy, the assignor (life assured/policy holder) loses his
right over the policy and the assignee gets the right and becomes the owner of
the policy. The assignee can further re-assign the policy and he also has a
right to sue under the policy.
A valid Assignment once made cannot be cancelled. It is only an another valid
assignment the earlier assignment gets cancelled. In all the cases, Assignment
automatically cancels the nomination. However, when the policy is assigned to
the insurer, nomination gets affected and it does not get cancelled.
Under conditional assignment, if the conditional assignee dies,the benefit under
the policy goes back to the life assured if surviving. otherwise, the benefit
goes to policyholders nominee.Under absolute assignment, if the absolute
assignee dies, the benefits under the policy goes to the legal heirs of the
assignee.
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