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sSQL = sSQL & "ON Users.User_ID = Articles.Article_User_ID WHERE Article_Status = 1 AND Article_Level = 0 "
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Importance of notice
Because of the priority rule it is important that the assignee give notice to the life office as soon as possible. Section 4 of the act therefore requires every policy to state the life offices name and address at which notice of assignment can be given. Section 6 of the act also requires the life office to give written acknowledgement of the assignment for which the life office can charge a fee of no more than 25 pence. Most offices waive this charge. Such acknowledgement acts as conclusive receipt of the notice.
The life office must therefore have a system in place to record and acknowledge such assignments. Record systems vary but must record the date of the deed, date of the notice of assignment and the parties to the assignment and the assignment details. The life policy must be aware of every notice even if this is provided byway of content of a deed.
Acknowledgement of assignment is not the same as receiving proof of title since the acknowledgement does not on its own transfer title and the matter could be challenged in court. Thus many life offices state on the acknowledgement that it expresses no opinion as to validity of assignment.
Constructive notice
Notice can be expressed or implied. Implied could be from correspondence with the life office where the exchange of letters implies notice of an assignment.
There can also be constructive notice (could be construed from the actions that have taken place) for example where the life office was aware that person B was paying the premiums on person A’s policy. This is not a certainty but could raise an argument that might be used in a court of law. The same situation may occur with a lost life policy where someone else produces the lost policy on death of the life assured and claims that his/her possession of the policy proves assignment.
The life office would need to make enquires and may require a statutory declaration and the provision of an indemnity should another person also claim assignment or rights under the policy.
Form of notice
In the case of Newman v Newman is was agreed that assignment notice need not be given in any particular format.