§ 316-a. Protection of assignor of life insurance policy; enforcement\nof storage liens.
1.Where any life insurance policy on the life of a\nperson in military service has been assigned prior to such person's\nperiod of military service to secure the payment of any obligation of\nsuch person, no assignee of such policy, except the insurer in\nconnection with a policy loan, shall, during the period of military\nservice of the insured or within one year thereafter, except upon the\nconsent in writing of the insured made during such period or when the\npremiums thereon are due and unpaid or upon the death of the insured,\nexercise any right or option by virtue of such assignment unless upon\nleave of court granted upon an application made therefor by such\nassignee. The court may thereupon
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§ 316-a. Protection of assignor of life insurance policy; enforcement\nof storage liens. 1. Where any life insurance policy on the life of a\nperson in military service has been assigned prior to such person's\nperiod of military service to secure the payment of any obligation of\nsuch person, no assignee of such policy, except the insurer in\nconnection with a policy loan, shall, during the period of military\nservice of the insured or within one year thereafter, except upon the\nconsent in writing of the insured made during such period or when the\npremiums thereon are due and unpaid or upon the death of the insured,\nexercise any right or option by virtue of such assignment unless upon\nleave of court granted upon an application made therefor by such\nassignee. The court may thereupon refuse to grant such leave unless in\nthe opinion of the court the ability of the obligor to comply with the\nterms of the obligation is not materially affected by reason of his or\nher military service.\n 2. No person shall exercise any right to foreclose or enforce any lien\nfor storage of household goods, furniture, or personal effects of a\nperson in military service during such person's period of military\nservice and for three months thereafter except upon an order previously\ngranted by a court upon application therefor and a return thereto made\nand approved by the court; provided, however, within thirty days of such\nperson's return from military service, he or she shall provide notice to\nthe individual or entity providing for the storage of his or her\nhousehold goods, furniture or personal effects. In such proceeding the\ncourt may, after a hearing, in its discretion, on its own motion, and\nshall, on application to it by such person in military service or some\nperson on his or her behalf, unless in the opinion of the court the\nability of the defendant to pay the storage charges due is not\nmaterially affected by reason of his or her military service:\n (a) stay the proceedings as provided in this article; or\n (b) make such other disposition of the case as may be equitable to\nconserve the interest of all parties.\n