Commonwealth Consolidated Acts

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MARINE INSURANCE ACT 1909 - SECT 56

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 the policy, the assignee of the policy is entitled to sue thereon in his or her own name; and the defendant is entitled to make any defence arising out of the contract which he or she 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.



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