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
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.
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