Assignment of Policy

50. When and how policy is assignable

(1)A marine policy is assignable unless it contains terms expressly prohibiting assignment.
It may be assigned either before or after loss.

(2)Where a marine policy has been assigned so as to pass the beneficial interest in such policy, the assignee of the policy is entitled to sue thereon in his own name; and the defendant is entitled to make any defence arising out of the contract which he would have been entitled to make if the action had been brought in the name of the person by or on behalf of whom the policy was effected.

(3)A marine policy may be assigned by indorsement thereon or in other customary manner.





51. Assured who has no interest cannot assign

Where the assured has parted with or lost his interest in the subject-matter insured, and has not, before or at the time of so doing,
expressly or impliedly agreed to assign the policy, any subsequent assignment of the policy is inoperative:
Provided that nothing in this section affects the assignment of a policy after loss.

Page top