§ 10209.3. — 10209.3. (Amended by Stats. 1997, Ch. 440, Sec. 2.)

California § 10209.3.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 2.: DIVISION 2. CLASSES OF INSURANCE
• Part 2.: PART 2. LIFE AND DISABILITY INSURANCE
• Ch. 2.: CHAPTER 2. Group Life Policies

Text

(a)
Subject to the terms of the policy, or pursuant to an agreement between the insured, the group policyholder, and the insurer, any person insured under a group life insurance policy may make to any person, other than the policyholder, an assignment of all or any part of the incidents of ownership conferred on him or her by the policy or by law, including specifically, but not by way of limitation, the right to exercise the conversion privilege and the right to name a beneficiary.
The enactment of
this section made at the 1969 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law.
(b)
Notwithstanding subdivision (a), any person who has been diagnosed with a terminal illness shall have the right to make an absolute assignment for value of his or her interest in a policy or certificate of life insurance.
(c)
The right of assignment in subdivision (b) shall not extend to situations in which the benefits of the policy or certificate of life insurance are used as collateral for a loan.
(d)
The viatical broker shall notify the spouse of a terminally ill viator of the viatication.

Legislative History

Amended by Stats. 1997, Ch. 440, Sec. 2. Effective January 1, 1998.