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Titles to Life Assurance Policies

Published online by Cambridge University Press:  07 November 2014

Alfred Ernest Sprague
Affiliation:
Edinburgh Life Assurance Company
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Extract

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

Type
Research Article
Copyright
Copyright © Institute and Faculty of Actuaries 1905

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References

page 343 note 1 On some Legal Points arising in Life Assurance Practice. By Barrand, A. R. F.I.A., J. I. A., xxxiii, 205.Google Scholar Daily Questions of Legal Title. By Crosbie, Warren B.L.Transactions of the Insurance and Actuarial Society of Glasgow, Fifth Series, p. 71.Google Scholar Lectures on the Law of Mortgage. By W. G. Hayter.

page 358 note 1 Table, pp 360 and 361.

page 360 note (1) That evidence be furnished of payment of all government duties;

page 360 note (2) that a declaration be furnished stating that no trustee has been appointed;

page 360 note (3) that payment be delayed until the date specified in the policy;

page 361 note (4) that evidence be furnished of the number and ages of the children and that there can be no more;

page 361 note (5) that the concurrence of the assured be taken.

page 366 note 1 Eighth edition—the note in subsequent editions having been amended.