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§6811. Prohibited practices and provisions under policies |
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| | | 1. Assignment. The following provisions govern assignment. |
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| | | A. A policy of individual or group life insurance that | | permits assignment issued or delivered in this State may | not, in any way, restrict the insured a person from making | | an absolute assignment of rights for consideration. | | Prohibited restrictions include, but are not limited to, | | assignments only as a gift and without consideration, | | assignments only to a limited class of persons and | | assignments only to a natural person and not to a legal | | entity. |
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| | | B. A life insurance company that acknowledges and records | | an absolute assignment of life insurance policy or rights | | under a group life insurance policy may rely solely on the | | authorization of the assignor to make the assignment and the | | life insurance company is not obligated to inquire into the | | validity, sufficiency or terms of the assignment. In | | acknowledging and recording an assignment, a life insurance | | company acting in good faith and reliance on the | | presentation of the absolute assignment, acts in a | | ministerial capacity and may exhibit no discretion as to | | whether an assignor may make the assignment or whether the | | assignment conforms with applicable law. |
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| | | 2. Rights under an assignment. The following provisions | | apply to an assignment. |
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| | | A. For life insurance contracts that permit assignment: |
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| | (1) An insured A person has the right to assign, | | transfer, sell or bequeath the ownership of or death | | benefit payable under a life insurance policy or | | certificate at any time for any remaining portion of | | that coverage after exercising any option for | | accelerated benefits; |
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| | (2) An insured A person also has the right to assign, | | transfer, sell, devise or bequeath the ownership of or | | death benefit payable under a life insurance policy or | | certificate if that coverage is on disability waiver of | | premium at any time; and |
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| | | (3) The absolute assignee of an individual life insurance policy | | or of all rights under a group life insurance policy has all | | rights at law or in equity as the assignor held under that | | policy, including, but not |
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