Assignments Flashcards

1
Q

Why may a policy be assigned to someone else?

A
  1. As part of a divorce settlement
  2. When it’s sold for cash
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2
Q

Whose responsibility is it to inform the insurance company of an assignment?

A

The new assignee

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3
Q

What must the new assignee inform the insurance of upon assignment, and by what method?

A

The date the policy was assigned to them, in writing

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4
Q

Why is important that the assignee informs the insurance company of the date the policy was assigned to the,?

A

Because there is a priority order of payments from the proceeds of the policy

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5
Q

Why does the Policies of Assurance Act 1867 require an insurer to include its business address on every policy?

A

To encourage early notification of assignments

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6
Q

What are the two forms of joint ownership?

A
  1. Joint tenancy
  2. Tenants in common
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7
Q

Under a joint tenancy, what happens to their interest if one tenant dies?

A

It passes directly to the survivor(s)

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8
Q

Under a joint tenancy, what happens to their interest upon death of the last survivor?

A

The policy passes according to their will or by the laws of intestacy

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9
Q

On which policy basis are usually written as joint tenancy agreements?

A

Joint life, first death policies

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10
Q

What is a Tenancy in Common arrangement?

A

Where each of the tenants holds their beneficial interest ‘separately’

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11
Q

Under a tenancy in common, what happens to their interest if one tenant dies?

A

Their interest passes to their estate, and can be left to someone in a will

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12
Q

If a joint-life, first death policy was written as a tenancy in common agreement, who would the sum assured be paid to?

A

50% to the survivor & 50% to the deceased’s estate

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13
Q

What must be completed to formally transfer title from one policyholder to another?

A

The Deed of Assignment

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14
Q

When must the Deed of Assignment be dated?

A

During the currency of the policy and the lifetime of the life assured.

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15
Q

What will an insurer do when it receives a Deed of Assignment?

A

~ Check to ensure it’s a valid transfer

~ Verify the signature of the assignor

~ Check the date of the assignment is within the policy term

~Verify the wording

~Check that any stamp duty payable has been paid

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16
Q

What is a special form of assignment in connection with a loan?

A

A mortgage

17
Q

During the term of a mortgage, what name is given to the assignor’s (borrower’s) right that retains their interest in the property?

A

The right of equity of redemption (The right to have the property returned to them on repayment of the loan)

18
Q

Is a mortgage an absolute assignment?

A

No, it’s a conditional assignment because of the right of equity of redemption