Law library · Sierra Leone · The Insurance Act, 2016
Section 89, The Insurance Act, 2016
Status not yet checkedThe Insurance Act, 2016, Sierra Leone
(1) A transfer or assignment of a policy of life insurancewhether with or without consideration may be made by endorsement
upon the policy itself or by a separate instrument signed in either
case by the transferor or assignor or his duly authorized agent and
attested by at least one witness specifically setting forth the fact of
the transfer or assignment.
(2) The transfer or assignment shall be complete and
effectual upon the execution of such endorsement or instrument duly
attested.
(3) Where the assignment or transfer is in favour of the
insurer it shall not be operative against him and shall not confer upon
the transferor or assignor or his legal representative any right to sue
for the amount of such policy or the money secured thereby until a
notice in writing of the transfer or assignment and either the said
endorsement or instrument itself or a copy certified to be correct by
both transferor and transferee or their duly authorised agents have
been delivered to the insurer at his principal place of business in
Sierra Leone.
(4) The date on which the notice referred to in subsection
(3) is delivered to the insurer shall regulate the priority of all claims
under a transfer or assignment as between persons interested in the
policy and where there is more than one instrument or transfer or
assignment the priority of the claims under such instrument shall be
governed by the order in which the notice referred to in subsection
(3) is delivered.
(5) Upon the receipt of the notice referred to in
subsection(3), the insurer shall record the fact of such transfer or
assignment together with the date and the name of the transferee or
the assignee and shall, at the request of the person who gave the
notice or the transferee or assignee on payment of the prescribed fee
grant a written acknowledgement of the receipt of such notice which
shall be conclusive evidence against the insurer that he has duly
received the notice to which such acknowledgment relates.
(6) Subject to the terms and conditions of the transfer or
assignment the insurer shall, from the date of the receipt of the notice
referred to in subsection (3), recognise the transferee or assignee
named in the notice as the only person entitled to benefit under the
policy and such person shall be subject to all liabilities and equities
to which the transferor or assignor was subject at the date of the
transfer or assignment may institute any proceeding in relation to the
policy without obtaining the consent of the transferor or assignor or
making him a party to such proceedings.
(7) Any rights and remedies of an assignee or transferree of a
policy of life insurance under an assignment or transfer effected prior
to the commencement of this Act shall not be affected by the
provisions of this section.
(8) Notwithstandng any law or custom having the force of
law to the contrary , an assignment in favour of a person made with
the condition that it shall be inoperative or that interest shall pass to
some other person on the happening of a specifed event during the
life time of the person whose life is insured and an assignment in
favour of the survivor or survivors of a number of persons shall be
valid.
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