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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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