LD 1907
pg. 28
Page 27 of 38 An Act To Govern and Regulate Life Settlements Page 29 of 38
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LR 2724
Item 1

 
§6811. Prohibited practices and provisions under policies

 
1. Assignment. The following provisions govern assignment.

 
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.

 
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.

 
2. Rights under an assignment. The following provisions
apply to an assignment.

 
A. For life insurance contracts that permit assignment:

 
(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;

 
(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

 
(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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