assignment of policy notes

Peterborough

How to Write a Policy Assignment

What is a policy assignment, policy critique.

Policy Brief/Briefing Note

Reading and Analyzing Policy

Writing policy assignments, research and writing process.

Understanding, evaluating, and writing policy documents are important competencies to develop as undergraduate students in a wide range of fields, spanning from Health Care to Environmental Science to Education. Policy is informed by strong research and accurate evidence, often compiled and presented by government and non-governmental organizations. Public policies include formal legislation, official plans, and regulations created by various levels of government. Each of these can act as guiding principles for governmental decision making and program delivery. Non-governmental and para-governmental organizations publish policy briefs, commission reports, and fact sheets to inform policy makers and recommend policy change.

Course instructors often ask students to analyze policy documents to better understand issues and policy alternatives, and students in many disciplines must write policy documents, including critiques and briefs or briefing notes. This guide offers steps to reading policy and keys for effective policy writing.

Types of Policy Assignments

In a policy critique, students are expected to read and critically analyze one or more policy documents that address a common issue. The goal of this assignment is to present an overall assessment of current or proposed policies and their efficacy or potential considering both scholarly theory and real-world, practical application with consideration of environmental, social, or economic contexts.

Proposed structure

Issue: what is the policy in question?
Background: where did it emerge? What problem does it try to address?
Application: so far, based on evidence, how effective has it been?
Limits: what are limits with the policy? How has it been adapted? What questions remain?
Evaluation/potential: based on concepts and theories from course materials, what is the potential for this policy to address particular issue/problem?

Policy Brief (Briefing Note)

Policy briefs or briefing notes are documents written by governmental and non-governmental organizations to propose evidence-based policy solutions to a well-defined social, environmental, or economic issue. Briefs present findings from academic and grey literature to demonstrate the scope of an issue and to analyze its context and background. The brief is organized with clear headings and short sections, which are supported by figures or tables.

Executive Summary: similar to an abstract, briefly explains the goal, findings, and recommendations. Although it is placed first in the document, it is written last.
Issue Definition: identify and explain the key issue and its scope and significance.
Policy Background: synthesize evidence to explain the context of the issue – its origins, key stakeholders, overlapping issues, and potential barriers – and any existing policy.
Best Practices: describe relevant policies from other jurisdictions and introduce specific examples of policy and best practices that reinforce the argument your briefing note presents.
Policy Options: synthesize your research to present a few policy options; for each option, describe the approach and present advantages, challenges, and potential barriers. Present one policy recommendation from these options.
References: divide references into sections (e.g., academic sources, grey literature, policy documents etc.)

Each policy document is focused on a specific issue and establishes particular goals; when you read any policy document, you are working to understand and analyze the issue and how the policy addresses the issue. These messages are often presented in different ways. Policy briefs are, well, brief, but other policy documents or commissioned reports can be quite lengthy, so it is important to develop a reading strategy for each new document. Generally, it is best to follow this process: preview, plan, read and take notes, and assess within course context.

Because policy documents vary significantly in form and purpose, it is essential to preview the document prior to reading it: identify its author, its purpose, and its form. Take time to read the executive summary, which presents a short explanation of the issue and purpose of the document. Understand its authorship and the interests of the individual or organizational author.

Make a plan

Identify your goal in reading the document: do you wish to better understand the issue, to identify policy alternatives, to appreciate broader context, or to determine efficacy of policy? How will this document inform your understanding of the issue you are studying? What sections will be most useful or relevant?

Read and take notes

Your preview and plan can direct your reading and notetaking. Read closely to understand the policy or issue, its context, and the evidence used to support it. Identify stakeholders and their interests, the goals of the policy and how those goals are measurable and actionable. You may find it helpful to refer to the table of contents or index (or to use the ‘find’ tool in your browser) to seek out sections that contain relevant keywords in documents spanning more than 100 pages.

Assess policy within course context

Refer to theories, frameworks, and indices that you have discussed in class to assess a policy. Consider whether it follows a particular conceptual framework or achieves particular numerical targets. Compare it to other policies in similar contexts and analyze its parts to assess its adaptability to different contexts. Evaluate its fit to the specific issue and its relevance for various stakeholder needs or values.

Reading an Official Plan

An official plan is often a lengthy document that covers many topics and issues within a set of overarching goals for an organization, like a university, hospital, or municipality. Your aim should be to understand the overarching goals of the plan and its broader context, which are likely laid out in the executive summary and introductory sections. Then you may need to seek out references to a particular topic, issue, or stakeholder; the index, table of contents, or “find” tool can be helpful for this.

Reading a Policy Brief

The goal of a policy brief is to inform and persuade policy makers, so your aim should be to understand the issue the brief identifies and to analyze the policy it proposes. The structure and design of the policy brief will guide your reading. Take time to understand the context of the issue and the policy: who are the stakeholders, what are the goals, what is the process, and what are the barriers? Analyze the policy within the disciplinary concepts you’re learning in class; how does the policy fit particular frameworks, theories, or indices you’ve discussed? What is unique about this policy? How can this policy be adapted to different contexts? What is its potential to address the issue?

Successful policy assignments are focused, well-researched, analytical, organized, and concise. Therefore, it is important to take time to define the issue, understand the context of the issue, and seek out policy alternatives prior to identifying a recommended course of action.

Focused Issue
Using Research
Demonstrating Analysis
Organized, Concise, and Clear Writing

Focused issue

It is essential that you present a focused and clear issue, and that issue must be at the scale of policy action. For example, policy briefs can address ER wait times or agricultural pesticide use, but issues such as access to health care or the sustainability of food production are too complex for you to address in a short policy assignment. Often, course material and core concepts provide useful direction for you to narrow your issue.

In policy assignments, an issue is clearly defined and contextualized with evidence from scholarly and grey literature. It is important for you to explain how scholars, governments, or NGOs have discussed the issue, and numerical data or figures can demonstrate the scale of an issue or its projected trajectory. Provide details about the issue in its context: be specific about place, time, and stakeholders, and acknowledge any overlapping economic, environmental, or social issues.

Example: Effective issue definition 1

Age-friendly municipalities foster solidarity among generations within communities and reach out to older people at risk of isolation by making them feel socially included and involved (WHO, 2007). It is well documented that these trends are happening across Canada, and evidence suggests that local governments have a key role in enabling older people to live longer. It is unclear to what degree Aurora’s municipal government is prepared to support its expanding ageing population. It is essential to continue to examine new approaches to housing and transportation infrastructure within Aurora in order to improve public policy matters in regards to their ageing population.

Issue is grounded by focused concept and evidence; writer demonstrates value of municipal policy to address the issue
Writer precisely identifies the issue to be discussed in brief and the goals of the report

Example: Ineffective issue definition 1

In addition to the infrastructure issue in Peterborough, there is also an issue regarding how spread out the community is. The city is too big for residents to be able to walk the entire city. Amenities are also very spread out; it is unlikely that pedestrians would be able to access the required amenities within walking distance from their house. Ultimately, the main issues surrounding the walkability in the City of Peterborough are the lack of infrastructure and maintenance, as well as the lack of available activities near to peoples’ residences.

Not grounded in conceptual framework or theory; writer needs to explain why walkability is an issue that a municipality should address
Lack of precision or evidence to support claims about the size of the city or accessibility to amenities

Using research

Policy is informed by evidence from scholarly literature, government data, and research by various stakeholder organizations. Effective policy assignments synthesize evidence from academic and grey literature to create an accurate account of the issue and policy options. Common forms of evidence in policy writing include numerical and financial data, figures such as graphs and maps, excerpts from existing policies, recommendations from NGOs, and conceptual frameworks.

In policy writing, your goal is to present research both accurately and accessibly, as decision-makers in government and business may not be familiar with terminology or concepts presented by scholars. Make efforts to paraphrase the evidence you use and be sure to include citations in the form requested by your professor (footnotes or author-date systems are common).

One of the key factors in Municipal Cultural Planning is increasing cross-sectoral strategies by building new partnerships “…between the municipality and its community and business partners” (Municipal Cultural Plan, toolkit, 2011, p.21) for long term sustainability. Therefore, municipal cultural planning “…does not look at policy sectorally” (Gollmitzer, 2008, p.18), but instead strengthens and integrates “…cultural resources across all facets of government planning and decision making” (Municipal Cultural Plan Toolkit, 2011, p.21). Building new networks are supported by leveraging the sense of place within a community. Adopting a place-based planning approach allows “…government, community organizations and citizens to explore, measure and asses the values, resources and assets of the community” (Huhtala, 2016, p.66), in order to leverage them for economic prosperity.

Writer synthesizes academic and grey literature to demonstrate how concepts are applied in policy.
Writer also demonstrates analysis of evidence and its relevance to the brief’s focused issue.
Use of direct quotation can feature the language of a policy if the writer wishes to analyze discourse; however, this excerpt relies too heavily on direct quotation, and it would be stronger if this evidence was paraphrased.

Demonstrating analysis

The quality of your policy assignment is closely tied to your analysis of the issue and the policy options you present. It is important to evaluate policy options as you research and to critically analyze how those options address the issue within its particular context. Take time to examine specific factors and parties involved in an issue and consider how these factors may facilitate or challenge each policy option; furthermore, you should also assess the advantages and disadvantages of each policy option and its impacts on these factors or parties.

You may find it valuable to consider theories, concepts, or frameworks from your course to develop your argument and to establish coherence throughout your assignment. If you assess all policy options through the same critical lens or theory, then your message will be clear and consistent throughout your document.

Integrating senior housing into the fabric of the inner core communities could make housing developments viable and situate seniors in settings where they can access these services by foot or nearby transit (Fang, 2013). This concept can allow seniors, who may be considering downsizing, to remain within their community where they can keep active, live within easy access to medical and community services, and stay close to their support network that they have spent their lives establishing. However, the growing demand for these developments could put major pressure on the municipality. City officials would have to amend current zoning by-laws to allow commercial and residential uses to be a part of mixed-use development and appropriate provisions need to be provided to ensure compatibility and to minimize potential negative impacts.

Writer presents both advantages and challenges of policy option within common concept of healthy aging communities.
Writer also includes potential impacts and barriers of policy option, which demonstrates their consideration of the issue and its context.

Organized, concise, and clear writing

Policy writing should be well-organized and easy to follow. Use headings and subheadings to create structure and to support your reader. It is common to number sections and subsections to further clarify the order of your ideas. In addition, good paragraph structure also supports organization and clarity, so we encourage you to use specific topic sentences to introduce the main idea of a paragraph.

Well-written policy assignments employ a formal writing style and use third-person voice (e.g., they) rather than first-person (e.g., I, we) or second-person (e.g., you) voice. Further, they avoid jargon, but use specific and clear language. When you revise your draft, take time to consider each sentence and remove repetitive or redundant phrases and words.

Finally, it is important to pay attention to the details. Label any figures or tables in your document; make reference to these figures or tables in the text of your work (e.g., see Figure 1). Also be sure to follow assignment instructions for referencing evidence in your text (e.g., footnotes or author-date system) and in your list of sources, which is often categorized by type of source (e.g., academic, government, NGOs).

There are many ways to approach a policy assignment, but it is important to take time to research and analyze issues and policy options thoroughly prior to writing. Consider the following steps to complete your policy assignment:

Read assignment instructions closely
Preliminary research: review course materials, brainstorm, conduct environmental scan or site visit, consider current issues relevant to course concepts
Define issue: consider questions and frameworks
Research issue and context
Research and evaluate policy alternatives in other places
Analyze policy alternatives and consider fit for current issue and context; select policy options to present
Outline sections: what evidence goes where? How does evidence work together?
Write sections (leave Executive Summary until last)
Revise for organization, analysis, and use of evidence. See Strategies for Revision and Proofreading.
Edit for clarity, concision, and grammar
Complete final proof of document
These examples are not to be reproduced in whole or part. Use of the ideas or words in this example is an act of plagiarism, which is subject to academic integrity policy at Trent University and other academic institutions.

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All you need to know about assigning life insurance policy.

The insured needs to either endorse the policy document or make a deed of assignment and register the same with the insurer.

Conditional assignment: This is done when the insured wishes to pass benefits of the policy to a relative in case of early death or certain conditions. The rights of the policyholder are restored once the conditions are fulfilled.
Absolute assignment: This is done as a part of consideration for a loan in favour of the lender/bank/lending institution. In such an assignment, the insured loses his rights in the policy and the absolute assignee can deal with it independently.
Proof of income.
Self attested copy of photo ID and address proof .
Self attested copy of PAN card.

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SRD Law Notes

Law Notes for Law students. study materials for BSL,LLB, LLM, and Various Diploma courses.

Assignment of Marine Insurance Policy | Insurance Law

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Assignment of Life Insurance Policy

Assignment of a Life Insurance Policy simply means transfer of rights from one person to another. The policyholder can transfer the rights of his insurance policy to another for various reasons and this process is called Assignment.

The person who assigns the policy, i.e. transfers the rights, is called the Assignor and the one to whom the policy has been assigned, i.e. the person to whom the policy rights have been transferred is called the Assignee. Once the rights have been transferred to the Assignee, the rights of the Assignor stands cancelled and the Assignee becomes the owner of the policy.

here are 2 types of Assignment:

Absolute Assignment – This means complete Transfer of Rights from the Assignor to the Assignee, without any further conditions applicable.
Conditional Assignment – This means that the Transfer of Rights will happen from the Assignor to the Assignee subject to certain conditions. If the conditions are fulfilled then only the Policy will get transferred from the Assignor to the Assignee.

Let’s take an example:

Rahul owns 2 Life Insurance policies of value Rs 2 lakhs and Rs 5 lakhs respectively. He would like to gift one policy of Rs 2 lakhs to his best friend Ajay. In that case, he would like to absolutely assign the policy in his name such that the death or maturity proceeds are directly paid to him. Thus, after the assignment, Ajay becomes the absolute owner of the policy. If he wishes, he may again transfer it to someone else for any other reason. This type of Assignment is called Absolute Assignment.

Now, Rahul needed to take a loan for Rs 5 lakhs. So, he thought of doing so against the other policy that he owned for Rs 5 lakhs. To take a loan from ABC bank, he needed to conditionally assign the policy to that Bank and then the bank would be able to pay out the loan money to him. If Rahul failed to repay the loan, then the bank would surrender the policy and get their money back.

Once Rahul’s loan is completely repaid, then the policy would again come back to him. In case, Rahul died before completely repaying the loan, then also the bank can surrender the policy to get their money back. This type of Assignment is called Conditional Assignment.

Sachin Telawane is a Content Manager and writes on various aspects of the Insurance industry. His enlightening insights on the insurance industry has guided the readers to make informed decisions in the course of purchasing insurance plans.

Assignment in Insurance Policy | Meaning | Explanation | Types

Table of Contents

1 What is Assignment in an Insurance Policy?
2 Who can make an assignment?
3 What happens to the ownership of the policy upon Assignment?
4 Can assignment be changed or cancelled?
5 What happens if the assignment dies?
6 What is the procedure to make an assignment?
7 Is it necessary to Inform the insurer about assignment?
8 Can a policy be assigned to a minor person?
9 Who pays premium when a policy is assigned?
10.1 1. Conditional Assignment
10.2 2. Absolute Assignment

What is Assignment in an Insurance Policy?

Assignment means a complete transfer of the ownership of the policy to some other person. Usually assignment is done for the purpose of raising a loan from a bank or a financial institution .

Assignment in Insurance Policy - Meaning, Explanation, Types

Assignment is governed by Section 38 of the Insurance Act 1938 in India. Assignment can also be done in favour of a close relative when the policyholder wishes to give a gift to that relative. Such an assignment is done for “natural love and affection”. An example, a policyholder may assign his policy to his sister who is handicapped.

Who can make an assignment?

A policyholder who has policy on his own life can assign the policy to another person. However, a person to whom a policy has been assigned can reassign the policy to the policyholder or assign it to any other person. A nominee cannot make an assignment of the policy. Similarly, an assignee cannot make a nomination on the policy which is assigned to him.

What happens to the ownership of the policy upon Assignment?

When a policyholder assign a policy, he loses all control on the policy. It is no longer his property. It is now the assignee’s property whether the policyholder is alive or dead, the assignee alone will get the policy money from the insurance company.

If the assignee dies, then his (assignee’s) legal heirs will be entitled to the policy money.

Can assignment be changed or cancelled?

An assignment cannot be changed or cancelled. The assignee can of course, reassign the policy to the policyholder who assigned it to him. He can also assign the policy to any other person because it is now his property. We can think of a bank reassigning the policy to the policyholder when their loan is repaid.

What happens if the assignment dies?

If the assignee dies, the assignment does not get cancelled. The legal heirs of the assignee become entitled to the policy money. Assignment is a legal transfer of all the interests the policyholder has in the policy to the assignee.

What is the procedure to make an assignment?

Assignment can be made only after issue of the policy bond. The policyholder can either write out the wording on the policy bond (endorsement) or write it on a separate paper and get it stamped. (Stamp value is the same, as the stamp required for the policy — Twenty paise per one thousand sum assured). When assignment is made by an endorsement on the policy bond, there is no need for stamp because the policy is already stamped.

Is it necessary to Inform the insurer about assignment?

Yes, it is necessary to give information about assignment to the insurance company. The insurer will register the assignment in its records and from then on recognize the assignee as the owner of the policy. If someone has made more than one assignment, then the date of the notice will decide which assignment has priority. In the case of reassignment also, notice is necessary.

Can a policy be assigned to a minor person?

Assignment can be made in favour of a minor person. But it would be advisable to appoint a guardian to receive the policy money if it becomes due during the minority of the assignee.

Who pays premium when a policy is assigned?

When a policy is assigned normally, the assignee should pay the premium, because the policy is now his property. In practice, however, premium is paid by the assignor (policyholder) himself. When a bank gives a loan and takes the assignment of a policy a security, it will ask the assignor himself to pay the premium and keep it in force. In the case of an assignment as a gift, the assignor would like to pay the premium because he has gifted the policy.

Types of assignment

Assignment may take two forms:

Conditional Assignment.
Absolute Assignment.

1. Conditional Assignment

It would be useful where the policyholder desires the benefit of the policy to go to a near relative in the event of his earlier death. It is usually effected for consideration of natural love and affection. It generally provides for the right to revert the policyholder in the event of the assignee predeceasing the policyholder or the policyholder surviving to the date of maturity.

2. Absolute Assignment

This assignment is generally made for valuable consideration. It has the effect of passing the title in the policy absolutely to the assignee and the policyholder in no way retains any interest in the policy. The absolute assignee can deal with the policy in any manner he likes and may assign or transfer his interest to another person.

Assignment under Insurance Policies

By J Mandakini, NUALS

Editor’s Note: This paper attempts to explore the concept of assignment under Indian law especially Contract Act, Insurance Act and Transfer of Property Act. It seeks to appreciate why the assignment is made use of for securities of a facility sanctioned by ICICI Bank. Also, it explains how ICICI Bank faces certain problems in executing the same.

INTRODUCTION

For any facility sanctioned by a lender, collateral is always deposited to secure the same. Such mere deposition will not suffice, the borrower has to explicitly permit the lender to recover from the borrower, such securities in case of his default.

This is done by the concept of assignment, dealt with adequately in Indian law. Assignment of obligations is always a tricky matter and needs to be dealt with carefully. The Bank should not fall short of any legally permitted lengths to ensure the same. This is why ambiguity in its security documents have to be rectified.

This paper attempts to explore the concept of assignment in contract law. It seeks to appreciate why the assignment is made use of for securities of a facility sanctioned by ICICI Bank. The next section will deal with how ICICI Bank faces certain problems in executing the same. The following sections will talk about possible risks involved, as well as defenses and solutions to the same.

WHAT IS ASSIGNMENT?

Assignment refers to the transfer of certain or all (depending on the agreement) rights to another party. The party which transfers its rights is called an assignor, and the party to whom such rights are transferred is called an assignee. Assignment only takes place after the original contract has been made. As a general rule, assignment of rights and benefits under a contract may be done freely, but the assignment of liabilities and obligations may not be done without the consent of the original contracting party.

The liability on a contract cannot be transferred so as to discharge the person or estate of the original contractor unless the creditor agrees to accept the liability of another person instead of the first. [i]

Illustration

P agrees to sell his car to Q for Rs. 100. P assigns the right to receive the Rs. 100 to S. This may be done without the consent of Q. This is because Q is receiving his car, and it does not particularly matter to him, to whom the Rs. 100 is being handed as long as he is being absolved of his liability under the contract. However, notice may still be required to be given. Without such notice, Q would pay P, in spite of the fact that such right has been assigned to S. S would be a sufferer in such case.

In this case, that condition is being fulfilled since P has assigned his right to S. However, P may not assign S to be the seller. P cannot just transfer his duties under the contract to another. This is because Q has no guarantee as to the condition of S’s car. P entered into the contract with Q on the basis of the merits of P’s car, or any other personal qualifications of P. Such assignment may be done with the consent of all three parties – P, Q, S, and by doing this, P is absolved of his liabilities under the contract.

1.1. Effect of Assignment

Immediately on the execution of an assignment of an insurance policy, the assignor forgoes all his rights, title and interest in the policy to the assignee. The premium or loan interest notices etc. in such cases will be sent to the assignee. [ii] However, the existence of obligations must not be assumed, when it comes to the assignment. It must be accompanied by evidence of the same. The party asserting such a personal obligation must prove the existence of an express assumption by clear and unequivocal proof. [iii]

Assignment of a contract to a third party destroys the privity of contract between the initial contracting parties. New privity is created between the assignee and the original contracting party. In the illustration mentioned above, the original contracting parties were P and Q. After the assignment, the new contracting parties are Q and S.

1.2. Revocation of Assignment

Assignment, once validly executed, can neither be revoked nor canceled at the option of the assignor. To do so, the insurance policy will have to be reassigned to the original assignor (the insured).

1.3. Exceptions to Assignment

There are some instances where the contract cannot be assigned to another.

Express provisions in the contract as to its non-assignability – Some contracts may include a specific clause prohibiting assignment. If that is so, then such a contract cannot be assigned. Assignability is the rule and the contrary is an exception. [iv]

Pensions, PFs, military benefits etc. Illustration

1.4. enforcing a contract of assignment.

From the day on which notice is given to the insurer, the assignee becomes the beneficiary of the policy even though the assignment is not registered immediately. It does not wait until the giving of notice of the transfer to the insurer. [vi] However, no claims may lie against the insurer until and unless notice of such assignment is delivered to the insurer.

If notice of assignment is not provided to the obligor, he is discharged if he pays to the assignor. Assignee would have to recover from the assignor. However, if the obligor pays the assignor in spite of the notice provided to him, he would still be liable to the assignee.

The following two illustrations make the point amply clear:

Illustrations

1. Seller A assigns its right to payment from buyer X to bank B. Neither A nor B gives notice to X. When payment is due, X pays A. This payment is fully valid and X is discharged. It will be up to B to recover it from A

2. Seller A assigns to bank B its right to payment from buyer X. B immediately gives notice of the assignment to X. When payment is due, X still pays A. X is not discharged and B is entitled to oblige X to pay a second time.

An assignee doesn’t stand in better shoes than those of his assignor. Thus, if there is any breach of contract by the obligor to the assignee, the latter can recover from the former only the same amount as restricted by counter claims, set offs or liens of the assignor to the obligor.

The acknowledgment of notice of assignment is conclusive proof of, and evidence enough to entertain a suit against an assignor and the insurer respectively who haven’t honoured the contract of assignment.

1.5. Assignment under various laws in India

There is no separate law in India which deals with the concept of assignment. Instead, several laws have codified it under different laws. Some of them have been discussed as follows:

1.5.1. Under the Indian Contract Act

There is no express provision for the assignment of contracts under the Indian Contract Act. Section 37 of the Act provides for the duty of parties of a contract to honour such contract (unless the need for the same has been done away with). This is how the Act attempts to introduce the concept of assignment into Indian commercial law. It lays down a general responsibility on the “representatives” of any parties to a contract that may have expired before the completion of the contract. (Illustrations to Section 37 in the Act).

An exception to this may be found from the contract, e.g. contracts of a personal nature. Representatives of a deceased party to a contract cannot claim privity to that contract while refusing to honour such contract. Under this Section, “representatives” would also include within its ambit, transferees and assignees. [vii]

Section 41 of the Indian Contract Act applies to cases where a contract is performed by a third party and not the original parties to the contract. It applies to cases of assignment. [viii] A promisee accepting performance of the promise from a third person cannot afterwards enforce it against the promisor. [ix] He cannot attain double satisfaction of its claim, i.e., from the promisor as well as the third party which performed the contract. An essential condition for the invocation of this Section is that there must be actual performance of the contract and not of a substituted promise.

1.5.2. Under the Insurance Act

The creation of assignment of life insurance policies is provided for, under Section 38 of the Insurance Act, 1938.

When the insurer receives the endorsement or notice, the fact of assignment shall be recorded with all details (date of receipt of notice – also used to prioritise simultaneous claims, the name of assignee etc). Upon request, and for a fee of an amount not exceeding Re. 1, the insurer shall grant a written acknowledgment of the receipt of such assignment, thereby conclusively proving the fact of his receipt of the notice or endorsement. Now, the insurer shall recognize only the assignee as the legally valid party entitled to the insurance policy.

1.5.3. Under the Transfer of Property Act

Indian law as to assignment of life policies before the Insurance Act, 1938 was governed by Sections 130, 131, 132 and 135 of the Transfer of Property Act 1882 under Chapter VIII of the Act – Of Transfers of Actionable Claims. Section 130 of the Transfer of Property Act states that nothing contained in that Section is to affect Section 38 of the Insurance Act.

I) Section 130 of the Transfer of Property Act

An actionable claim may be transferred only by fulfilling the following steps:

Signed by a transferor (or his authorized agent)

The transfer will be complete and effectual as soon as such an instrument is executed. No particular form or language has been prescribed for the transfer. It does not depend on giving notice to the debtor.

The proviso in the section protects a debtor (or other person), who, without knowledge of the transfer pays his creditor instead of the assignee. As long as such payment was without knowledge of the transfer, such payment will be a valid discharge against the transferee. When the transfer of any actionable claim is validly complete, all rights and remedies of transferor would vest now in the transferee. Existence of an instrument in writing is a sine qua non of a valid transfer of an actionable claim. [x]

II) Section 131 of the Transfer Of Property Act

This Section requires the notice of transfer of actionable claim, as sent to the debtor, to be signed by the transferor (or by his authorized agent), and if he refuses to sign it, a signature by the transferee (or by his authorized agent). Such notice must state both the name and address of the transferee. This Section is intended to protect the transferee, to receive from the debtor. The transfer does not bind a debtor unless the transferor (or transferee, if transferor refuses) sends him an express notice, in accordance with the provisions of this Section.

III) Section 132 of the Transfer Of Property Act

This Section addresses the issue as to who should undertake the obligations under the transfer, i.e., who will discharge the liabilities of the transferor when the transfer has been made complete – would it be the transferor himself or the transferee, to whom the rest of the surviving contract, so to speak, has been transferred.

This Section stipulates, that the transferee himself would fulfill such obligations. However, where an actionable claim is transferred with the stipulation in the contract that transferor himself should discharge the liability, then such a provision in the contract will supersede Ss 130 and 132 of this Act. Where the insured hypothecates his life insurance policies and stipulates that he himself would pay the premiums, the transferee is not bound to pay the premiums. [xi]

FACILITIES SECURED BY INSURANCE POLICIES – HOW ASSIGNMENT COMES INTO THE PICTURE

Many banks require the borrower to take out or deposit an insurance policy as security when they request a personal loan or a business loan from that institution. The policy is used as a way of securing the loan, ensuring that the bank will have the facility repaid in the event of either the borrower’s death or his deviations from the terms of the facility agreement.

Along with the deposit of the insurance policy, the policyholder will also have to assign the benefits of the policy to the financial institution from which he proposes to avail a facility. The mere deposit, without writing, or passing of any document of title to such a claim, does not create any equitable charge. [xii]

ETHICS OF ASSIGNING LIFE INSURANCE POLICY TO LENDERS

The purpose of taking out a life insurance policy on oneself, is that in the event of an untimely death, near and dear ones of the deceased are not left high and dry, and that they would have something to fall back on during such traumatic times. Depositing and assigning the rights under such policy document to another, would mean that there is a high chance that benefits of life insurance would vest in such other, in the event of unfortunate death and the family members are prioritized only second. These are not desirable circumstances where the family would be forced to cope with the death of their loved one coupled with the financial crisis.

Thus, there is a need to examine the ethics of:

The bank accepting such assignment

The customer should be cautious before assigning his rights under life insurance policies. By “cautious”, it is only meant that he and his dependents and/or legal heirs should be aware of the repercussions of the act of assigning his life insurance policy. It is conceded that no law prohibits the assignment of life insurance policies.

In fact, Section 38 of the Insurance Act, 1938 , provides for such assignments. Judicial cases have held life insurance policies as property more than a social welfare measure. [xiii] Further, the bank has no personal relationship with any customer and thus has no moral obligation to not accept such assignments of life insurance.

However, the writer is of the opinion that, in dealing with the assignment of life insurance policies, utmost care and caution must be taken by the insured when assigning his life insurance policy to anyone else.

CURRENT STAND OF ICICI REGARDING FACILITIES SECURED BY INSURANCE POLICY, WITH SPECIFIC REFERENCE TO ASSIGNMENT OF OBLIGATIONS

This Section seeks to address and highlight the manner in which ICICI Bank drafts its security documents with regard to the assignment of obligations. The texts placed in quotes in the subsequent paragraphs are verbatim extracts from the security document as mentioned.

Composite Document for Corporate and Realty Funding

“ 8 . CHARGING CLAUSE

The Mortgagor doth hereby:

iii) Assign and transfer unto the Mortgagee all the Bank Accounts and all rights, title, interest, benefits, claims and demands whatsoever of the Mortgagor in, to, under and in respect of the Bank Accounts and all monies including all cash flows and receivables and all proceeds arising from Projects and Other Projects_______________, insurance proceeds, which have been deposited / credited / lying in the Bank Accounts, all records, investments, assets, instruments and securities which represent all amounts in the Bank Accounts, both present and future (the “Account Assets”, which expression shall, as the context may permit or require, mean any or each of such Account Assets) to have and hold the same unto and to the use of the Mortgagee absolutely and subject to the powers and provisions herein contained and subject also to the proviso for redemption hereinafter mentioned;

(v) Assign and transfer unto the Mortgagee all right, title, interest, benefit, claims and demands whatsoever of the Mortgagors, in, to, under and/or in respect of the Project Documents (including insurance policies) including, without limitation, the right to compel performance thereunder, and to substitute, or to be substituted for, the Mortgagor thereunder, and to commence and conduct either in the name of the Mortgagor or in their own names or otherwise any proceedings against any persons in respect of any breach of, the Project Documents and, including without limitation, rights and benefits to all amounts owing to, or received by, the Mortgagor and all claims thereunder and all other claims of the Mortgagor under or in any proceedings against all or any such persons and together with the right to further assign any of the Project Documents, both present and future, to have and to hold all and singular the aforesaid assets, rights, properties, etc. unto and to the use of the Mortgagee absolutely and subject to the powers and provisions contained herein and subject also to the proviso for redemption hereinafter mentioned.”

ICICI Bank’s Standard Terms and Conditions Governing Consumer Durable Loans

“ insurance.

The Borrower further agrees that upon any monies becoming due under the policy, the same shall be paid by the Insurance Company to ICICI Bank without any reference / notice to the Borrower, but not exceeding the principal amount outstanding under the Insurance Policy. The Borrower specifically acknowledges that in all cases of claim, the Insurance Company will be solely liable for settlement of the claim, and he/she will not hold ICICI Bank responsible in any manner whether for compensation, recovery of compensation, processing of claims or for any reason whatsoever.

Reference has been made only to assignment of assets, rights, benefits, interests, properties etc. No specific reference has been made to the assignment of obligations of the assignor under such insurance contract.

THE ISSUE FACED BY ICICI BANK

Where ICICI Bank accepts insurance policy documents of customers as security for a loan, in the light of the fact that the documents are silent about the question of assignment of obligations, are they assigned to ICICI Bank? Where there is hypothecation of a life insurance policy, with a stipulation that the mortgagor (assignor) should pay the premiums, and that the mortgagee (assignee) is not bound to pay the same, Sections 130 and 132 do not apply to such cases. [xiv] With rectification of this issue, ICICI Bank can concretize its hold over the securities with no reservations about its legality.

RISKS INVOLVED

This section of the paper attempts to explore the many risks that ICICI Bank is exposed to, or other factors which worsen the situation, due to the omission of a clause detailing the assignment of obligations by ICICI Bank.

Practices of Other Companies

The practices of other companies could be a risk factor for ICICI Bank in the light of the fact that some of them expressly exclude assignment of obligations in their security documents.

There are some companies whose notice of assignment forms contain an exclusive clause dealing with the assignment of obligations. It states that while rights and benefits accruing out of the insurance policy are to be assigned to the bank, obligations which arise out of such policy documents will not be liable to be performed by the bank. Thus, they explicitly provide for the only assignment of rights and benefits and never the assignment of obligations.

Possible Obligation to Insurance Companies

By not clearing up this issue, ICICI Bank could be held to be obligated to the insurance company from whom the assignor took the policy, for example, with respect to insurance premiums which were required to be paid by the assignor. This is not a desirable scenario for ICICI Bank. In case of default by the assignor in the terms of the contract, the right of ICICI Bank over the security deposited (insurance policy in question) could be fraught in the legal dispute.

Possible litigation

Numerous suits may be instituted against ICICI Bank alleging a violation of the Indian Contract Act. Some examples include allegations of concealment of fact, fraud etc. These could be enough to render the existing contract of assignment voidable or even void.

Contra Proferentem

This doctrine applies in a situation when a provision in the contract can be interpreted in more than one way, thereby creating ambiguities. It attempts to provide a solution to interpreting vague terms by laying down, that a party which drafts and imposes an ambiguous term should not benefit from that ambiguity. Where there is any doubt or ambiguity in the words of an exclusion clause, the words are construed more forcibly against the party putting forth the document, and in favour of the other party. [xv]

The doctrine of contra proferentem attempts to protect the layman from the legally knowledgeable companies which draft standard forms of contracts, in which the former stands on a much weaker footing with regard to bargaining power with the latter. This doctrine has been used in interpreting insurance contracts in India. [xvi]

If litigation ensues as a result of this uncertainty, there are high chances that the Courts will tend to favour the assignor and not the drafter of the documents.

POSSIBLE DEFENSES AGAINST DISPUTES FOR THE SECURITY DOCUMENTS AS THEY ARE NOW

This section of the paper attempts to give defences which the Bank may raise in case of any disputes arising out of silence on the matter of assignability of obligations.

Interpretation of the Security Documents

UNIDROIT principles expressly provide a method for interpretation of contracts. [xvii] The method consists of utilizing the following factors:

This defence relates to the concept of estoppel embodied in Section 115 of the Indian Evidence Act, 1872. According to the Section, when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representatives, to deny the truth of that thing.

If a man either by words or by conduct has intimated that he consents to an act which has been done and that he will not offer any opposition to it, and he thereby induces others to do that which they otherwise might have abstained from, he cannot question legality of the act he had sanctioned to the prejudice of those who have so given faith to his words or to the fair inference to be drawn from his conduct. [xviii] Subsequent conduct may be relevant to show that the contract exists, or to show variation in the terms of the contract, or waiver, or estoppel. [xix]

Where the meaning of the instrument is ambiguous, a statement subsequently interpreting such instrument is admissible. [xx] In the present case, where the borrower has never raised any claims with regard to non assignability of obligations on him, and has consented to the present conditions and relations with ICICI Bank, he cannot he cannot be allowed to raise any claims with respect to the same.

Internationally, the doctrine of post contractual conduct is invoked for such disputes. It refers to the acts of parties to a contract after the commencement of the contract. It stipulates that where a party has behaved in a particular manner, so as to induce the other party to discharge its obligations, even if there has been a variation from the terms of the contract, the first party cannot cite such variation as a reason for its breach of the contract.

Where the parties to a contract are both under a common mistake as to the meaning or effect of it, and therefore embark on a course of dealing on the footing of that mistake, thereby replacing the original terms of the contract by a conventional basis on which they both conduct their affairs, then the original contract is replaced by the conventional basis. The parties are bound by the conventional basis. Either party can sue or be sued upon it just as if it had been expressly agreed between them. [xxi]

The importance of consensus ad idem has been concretized by various case laws in India. Further, if the stipulations and terms are uncertain and the parties are not ad idem there can be no specific performance, for there was no contract at all. [xxii]

In the present case, the minds of the assignor and assignee can be said to have not met while entering into the assignment. The assignee never had any intention of undertaking any obligations of the assignor. In Hartog v Colin & Shields, [xxiii] the defendants made an offer to the plaintiffs to sell hare skins, offering to a pay a price per pound instead of per piece.

AVOIDING THESE RISKS

To concretize ICICI Bank’s stand on the assignment of obligations in the matter of loans secured by insurance policies, the relevant security documents could be amended to include such a clause.

For instances where loans are secured by life insurance policies, a standard set by the American Banker’s Association (ABA) has been followed by many Indian commercial institutions as well. [xxvi] The ABA is a trade association in the USA representing banks ranging from the smallest community bank to the largest bank holding companies. ABA’s principal activities include lobbying, professional development for member institutions, maintenance of best practices and industry standards, consumer education, and distribution of products and services. [xxvii]

There are several ICICI security documents which have included clauses denying any assignment of obligations to it. An extract of the deed of hypothecation for vehicle loan has been reproduced below:

“ 3. In further pursuance of the Loan Terms and for the consideration aforesaid, the Hypothecator hereby further agrees, confirms, declares and undertakes with the Bank as follows:

(i)(a) The Hypothecator shall at its expenses keep the Assets in good and marketable condition and, if stipulated by the Bank under the Loan Terms, insure such of the Assets which are of insurable nature, in the joint names of the Hypothecator and the Bank against any loss or damage by theft, fire, lightning, earthquake, explosion, riot, strike, civil commotion, storm, tempest, flood, erection risk, war risk and such other risks as may be determined by the Bank and including wherever applicable, all marine, transit and other hazards incidental to the acquisition, transportation and delivery of the relevant Assets to the place of use or installation. The Hypothecator shall deliver to the Bank the relevant policies of insurance and maintain such insurance throughout the continuance of the security of these presents and deliver to the Bank the renewal receipts / endorsements / renewed policies therefore and till such insurance policies / renewal policies / endorsements are delivered to the Bank, the same shall be held by the Hypothecator in trust for the Bank. The Hypothecator shall duly and punctually pay all premia and shall not do or suffer to be done or omit to do or be done any act, which may invalidate or avoid such insurance. In default, the Bank may (but shall not be bound to) keep in good condition and render marketable the relevant Assets and take out / renew such insurance. Any premium paid by the Bank and any costs, charges and expenses incurred by the Bank shall forthwith on receipt of a notice of demand from the Bank be reimbursed by the Hypothecator and/or Borrower to the Bank together with interest thereon at the rate for further interest as specified under the Loan Terms, from the date of payment till reimbursement thereof and until such reimbursement, the same shall be a charge on the Assets…”

The inclusion of such a clause in all security documents of the Bank can avoid the problem of assignability of obligations in insurance policies used as security for any facility sanctioned by it.

An assignment of securities is of utmost importance to any lender to secure the facility, without which the lender will not be entitled to any interest in the securities so deposited.

In this paper, one has seen the need for assignment of securities of a facility. Risks involved in not having a separate clause dealing with non assignability of obligations have been discussed. Certain defences which ICICI Bank may raise in case of the dispute have also been enumerated along with solutions to the same.

Formatted by March 2nd, 2019.

BIBLIOGRAPHY

[i] J.H. Tod v. Lakhmidas , 16 Bom 441, 449

[ii] http://www.licindia.in/policy_conditions.htm#12, last visited 30 th June, 2014

[iii] Headwaters Construction Co. Ltd. v National City Mortgage Co. Ltd., 720 F. Supp. 2d 1182 (D. Idaho 2010)

[iv] Indian Contract Act and Specific Relief Act, Mulla, Vol. I, 13 th Edn., Reprint 2010, p 968

[v] Khardah Co. Ltd. v. Raymond & Co ., AIR 1962 SC 1810: (1963) 3 SCR 183

[vi] Principles of Insurance Law, M.N. Srinivasan, 8 th Edn., 2006, p. 857

[vii] Ram Baran v Ram Mohit , AIR 1967 SC 744: (1967) 1 SCR 293

[viii] Sri Sarada Mills Ltd. v Union of India, AIR 1973 SC 281

[ix] Lala Kapurchand Godha v Mir Nawah Himayatali Khan, [1963] 2 SCR 168

[x] Velayudhan v Pillaiyar, 9 Mad LT 102 (Mad)

[xi] Hindustan Ideal Insurance Co. Ltd. v Satteya, AIR 1961 AP 183

[xii] Mulraj Khatau v Vishwanath, 40 IA 24 – Respondent based his claim on a mere deposit of the policy and not under a written transfer and claimed that a charge had thus been created on the policy.

[xiii] Insure Policy Plus Services (India) Pvt. Ltd. v The Life Insurance Corporation of India, 2007(109)BOMLR559

[xiv] Transfer of Property Act, Sanjiva Row, 7 th Edn., 2011, Vol II, Universal Law Publishing Company, New Delhi

[xv] Ghaziabad Development Authority v Union of India, AIR 2000 SC 2003

[xvi] United India Insurance Co. Ltd. v M/s. Pushpalaya Printers, [2004] 3 SCR 631, General Assurance Society Ltd. v Chandumull Jain & Anr., [1966 (3) SCR 500]

[xvii] UNIDROIT Principles, Art 4.3

[xviii] B.L.Sreedhar & Ors. v K.M. Munireddy & Ors., 2002 (9) SCALE 183

[xix] James Miller & Partners Ltd. v Whitworth Street Estates (Manchester) Ltd., [1970] 1 All ER 796 (HL)

[xx] Godhra Electricity Co. Ltd. v State of Gujarat, AIR 1975 SC 32

[xxi] Amalgamated Investment & Property Co. Ltd. v Texas Commerce International Bank Ltd., [1981] 1 All ER 923

[xxii] Smt. Mayawanti v Smt. Kaushalya Devi, 1990 SCR (2) 350

[xxiii] [1939] 3 All ER 566

[xxiv] Terrell v Alexandria Auto Co., 12 La.App. 625

[xxv] http://www.uncitral.org/pdf/english/CISG25/Pamboukis.pdf, last visited on 30 th June, 2014

[xxvi] https://www.phoenixwm.phl.com/shared/eforms/getdoc.jsp?DocId=525.pdf, last visited on 30 th June, 2014

[xxvii] http://www.aba.com/About/Pages/default.aspx, last visited on 30 th June, 2014

What is Assignment and Nomination in Life Insurance?

‘Assignment’ and ‘Nomination’ are two most common terms used in a life insurance policy document. Let us understand the importance of these two terms in-detail.

By Future Generali. Updated On Oct 06, 2022

What is Assignment and Nomination in Life Insurance?

Your life insurance policy is a contract between you (insured) and the insurance company (insurer). The contract is filled with jargon. To the extent possible, we must understand all the terms mentioned in the policy bond (certificate). ‘Assignment’ and ‘Nomination’ are two most common terms used in the insurance world.

For instance, in the event that you plan to apply for a home loan, your home loan provider will surely use these terms. Hence, it is best to be sure and understand exactly what the terms mean before you make a decision to buy the policy.

What is assignment in life insurance?

A life insurance policy can be assigned when rights of one person are transferred to another. The rights to your insurance policy can be transferred to someone else for various reasons. The process is known as assignment.

An “assignor” (policyholder) is the person who assigns the insurance policy. An “assignee” is the person to whom the policy rights have been transferred, i.e. the person to whom the policy has been assigned.

In the event rights are transferred from an Assignor to an Assignee, the rights of the policyholder are canceled, and the Assignee becomes the owner of the insurance policy.

People often assign their life insurance policies to banks. A bank becomes the policy owner in this case, while the original policyholder continues to be the life assured whose death may be claimed by either the bank or the policy owner.

Types of Assignment

There are two ways to assign an insurance policy. They are as follows:

1. Absolute Assignment

During this process, the rights of the assignor (policyholder) will be completely transferred to the assignee (person to whom the policy rights have been transferred). It is not subject to any conditions.

As an example, Mr. Rajiv Tripathi owns a Rs 1 Crore life insurance policy. Mr. Tripathi wants to gift his wife this policy. Specifically, he wants to make “absolute assignment” of the policy in his wife's name, so that the death benefit (or maturity proceeds) can be paid directly to her. After the absolute assignment has been made, Mrs. Tripathi will own this policy, and she will be able to transfer it to someone else again.

2. Conditional Assignment

As part of this type of assignment, certain conditions must be met before the transfer of rights occurs from the Assignor to the Assignee. The Policy will only be transferred to the Assignee if all conditions are met.

For instance, a term insurance policy of Rs 50 Lakh is owned by Mr. Dinesh Pujari. Mr. Pujari is applying for a home loan of Rs 50 Lakh. For the loan, the banker asked him to assign the term policy in their name. To acquire a home loan, Mr. Pujari can assign the insurance policy to the home loan company. In the event of Mr. Pujari’s death (during the loan tenure), the bank can collect the death benefit and get their money back from the insurance company.

Mr. Pujari can get back his term insurance policy if he repays the entire amount of his home loan. As soon as the loan is repaid, the policy will be transferred to Mr. Pujari.

In the event that the insurer receives a death benefit that exceeds the outstanding loan balance, the bank will be paid from the difference between the death benefit and the loan and the balance will be paid directly to the nominee. In the above example, the remaining amount (if any) will be paid to Mr. Pujari’s beneficiaries (legal heirs/nominee).

Key Points to know Note About Assignment

In regards to the assignment, the following points should be noted:

A policy assignment transfers/changes only the ownership, not the risk associated with it. The person assured thus becomes the insured.
The assignment may lead to cancellation of the nomination in the policy only when it is done in favour of the insurance company due to a policy loan.
Assignment for all insurance plans except for the pension plan and the Married Women's Property Act (MWP), can be done.
A policy contract endorsement is required to effect the assignment.

What is nomination in life insurance?

Upon the death of the life assured, the nominee/ beneficiary (generally a close relative) receives the benefits. Policyholders appoint nominees to receive benefits. Under the Insurance Act, 1938, Section 39 governs the nomination process.

Types of Nominees

In a life insurance policy, the policyholder names someone who will receive the benefits in the event of the life assured's death. Here are a few types of nominees:

1. Beneficial Nominees

In accordance with the law, the beneficiary of the claimed benefits will be any immediate family member nominated by the policyholder (like a spouse, children, or parents). Beneficiary nominees are limited to immediate family members of the beneficiary.

2. Minor Nominees

It is common for individuals to name their children as beneficiaries of their life insurance policies. Minor nominees (under the age of 18) are not allowed to handle claim amounts. Hence, the policyholder needs to designate a custodian or appointee. Payments are made to the appointee until the minor reaches the age of 18.

3. Non-family Nominees

Nominees can include distant relatives or even friends as beneficiaries of a life insurance policy.

4. Changing Nominees

It is okay for policyholders to change their nominees as often as they wish, but the latest nominee should take priority over all previous ones.

Key Points to Note About Nomination

In regards to the nomination, the following points should be noted:

In order to nominate, the policyholder and life assured must be the same.
In the case of a different policyholder and life assured, the claim benefits will be paid to the policyholder.
Nominations cannot be changed or modified.
The policy can have more than one nominee.
As part of successive nominations, if the life assured appoints person “A” as the first person to receive benefits. Now, in the event of the life assured’s death after person “A” dies, the claim benefits will be given to person “B”. The benefits will be available to Nominee “C” if Nominee “A” and Nominee “B” have passed away.

What is the difference between nomination and assignment?

Let's talk about the differences between assignment and nomination.

Nomination and Assignment serve different purposes. The nomination protects the interests of the insured as well as an insurer in offering claim benefits under the life insurance policy. On the other hand, assignment protects the interests of an assignee in availing the monetary benefits under the policy. The policyholder should be aware of both of them before buying life insurance.

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ARN No.: Comp-April-2022_534.

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Union Budget 2024
Corporate Law

Assignment of Marine Insurance Policies

As you are aware that a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the insured, in the manner and to the extent thereby agreed, against transit losses, that is to say losses incidental to transit.

A contract of marine insurance may by its express terms or by usage of trade be extended so as to protect the insured against losses on inland waters or any land risk which may be incidental to any sea voyage.

In simple words the marine insurance includes;

A. CARGO INSURANCE which provides insurance cover in respect of loss of or damage to goods during transit by rail, road, sea or air.

Thus cargo insurance concerns the following :

(i) export and import shipments by ocean-going vessels of all types,

(ii) coastal shipments by steamers, sailing vessels, mechanized boats, etc.,

(iii) shipments by inland vessels or country craft, and

(iv) Consignments by rail, road, or air and articles sent by post.

B. HULL INSURANCE which is concerned with the insurance of ships (hull, machinery, etc.).

INSURABLE INTEREST

For effecting marine insurance like any other insurance, the assured must have an insurable interest. If there is no such interest, the policy would be a wagering contract and thus it will be void. Any person does have an insurable interest who is interested in a marine journey or who can get affected due to the losses and damages caused in the marine journey or adventure. The interest must subsist either at the time of effecting the insurance or at the time of loss. Any interest which is defeasible or contingent or partial can be insured. A lender under a bottomry bond or respondentia bond has insurable interest as well as master’s and seamen’s wages, advance freight are insurable, a mortgagee has also insurable interest.

The term “ Transfer” or “ Assignment” of policies of insurance are governed by the provisions of the Transfer of Property Act,1882 as amended from time to time. Please note that provisions of Section 38 of the Insurance Act,1938 only deals with transfer or assignment of Life Insurance Polices and the provisions of TP Act,1882 deal with other types of insurance policies.

“ Actionable Claim”-Section 3 of TP Act,1882 defines as – a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent. The claim under a policy was regarded as property and is treated as an actionable claim under TP Act,1882 and the rules relating a transfer of actionable claim were held to apply to assignment of policies till specific statute laid down some specific rules for such assignments.

Section 6( e) of the Transfer of Property Act,1882 lays down that a mere right to sue cannot be transferred.

From above we find that an actionable claim means a claim to a debt. In its primary sense a debt is a liquidated money obligation and it is an essential feature of an action for debt that it should be for a liquidated debt or certain sum of money. The right to recover an ascertained and definite debt is not a mere right to sue and is not transferable. It is an actionable claim.

It means if a certain sum of money is due from any person , that sum is recoverable on assignment , and it is not mere right to sue to offend against the provisions of Section 6( e) of TP act,1882. As you know that in case of an actionable claim, there is a surety that there is some amount ,which can be recovered and same as in an Insurance Policy. The Sum Insured is the amount ,which will be recoverable at the time of loss or after assignment of insurance policy by the assignee. A policy of insurance is a present contract in the hand of an insured of which he has present right to the benefit although the fruits are to be enjoyed in future.

A policy on a man’s life expressed to be payable to his executors or administrators is a reversionary interest certain to fall in on the assured’s death or attainment of the stipulated age. A policy of insurance is a choose in action. A policy of life insurance represents money which is due and owned to the assured at his death and in the part of his estate. He has unlettered discretion to sell or charge it, to bequeath it or even to give it away.

“ASSIGNMENT” means- Transfer of interest from one to another is called assignment. In insurance also when rights and obligation under the contract are transferred from one to another, the same is called assignment of the policy. There can be another assignment in insurance which is assignment of benefits under the policies. Assignment of policy and assignment of benefits are quite distinct. Whereas in the former all the rights and obligations are transferred, in the latter only benefits (i.e. money due under the policy etc) are transferred. In insurance the assignment means assignment of rights under the contract. An assignee for all purposes becomes the owner of the policy and enjoys all rights thereunder. However, by assignment no change is made in the subject matter insured by the policy and it remains unaltered.”

ASSIGNMENT OF A CONTRACT OF INSURANCE AND ASSIGNMENT OF THE SUBJECT MATTER OF INSURANCE.

Assignment for the purpose of law o insurance may either be;

(a) The assignment of the subject matter of insurance ;or

(b) The assignment of the policy.

Please note that:- the question of the assignment of the subject matter of insurance in case of life and personal accident insurances does not arise, for the subject -matter in such cases is from its very nature unassignable.

The assignment of the subject-matter in the case of fire insurance is dealt as follows; “ As regards the assignment of the fire policies itself, it is transfer of the contract of insurance with its all rights and liabilities to the transferee and, therefore ,it is substitution of a new insured to all intents and purposes other than the original insured.”

THE SUBJECT MATTER OF INSURANCE

Anything in respect of which there is a risk of loss from maritime perils may be the subject of marine insurance. It will be recalled that there is a distinction between the subject matter of insurance and the subject matter of the contract of insurance, that every lawful marine adventure may be the subject of a contract of marine insurance, and that a contract of marine insurance may be extended to cover risks other than maritime perils in a narrow sense. However, even though a marine insurance contract may include risks arising inland, the contract must be substantially one relating to a marine adventure. Therefore, the subject matter of the insurance must be capable of exposure to maritime perils.

WHETHER FIRE AND ACCIDENT POLICIES ARE ASSIGNABLE?

It is clear from above discussion that a policy of life insurance is pure benefit policies and carry a definite sum or amount as Sum Assured will be payable at the time of accident or happening of assured perils. So in legal sense a Life Insurance Policy is an actionable claim or chose in action and hence assignable under provisions of TP Act,1882.

Since Fire Insurance Policies and other general insurance policies are pure indemnity policies. There is no amount is fixed that will be payable to the insured. Sum Insurance is the maximum amount to be payable in these policies but same will vary to the extent of loss suffered by the insured. In case of contract of indemnity , the amount payable is not certain or calculable it depends upon the loss suffered by the insured, and it becomes payable only if and when the loss occurs.

Therefore we conclude that a policy of fire, property accident insurances are in nature of right to sue for damages and the fact that they as such are not actionable claims is also apparent from the amendment of Section 6(4) of the TP Act,1882 to the effect that a mere right to sue cannot be transferred [Abu Mohammad Vs. SC chunder (1909) 36 Cal 345].

In these policies it may not certain that loss may take place , and also the extent of damages are also not certain. For an actionable claim it must be perfected and absolute , and not merely a sum of money which may or not become payable at future time.

It was held that policies of insurance against loss or damages by fire are not in their nature assignable nor can the interest in them be transferred from one person to another without the express consent of the insurance company. Suppose an insurance policy promises to indemnify “A” against loss by fire. He can assign his right of action against the insurance company to “B”, so that if “A” suffers loss “B” may recover in respect of it , but “B” cannot without the consent of insurance company’s consent ,convert promise to indemnify “A” to a promise to indemnify “B” , because that would not be an assignment but an attempted novation.

PLEASE NOTE THAT : Property and liability insurances are personal contracts, and do not run with the property if it is sold or otherwise disposed of or with a transfer of liabilities of the insured. Therefore, both at common law and equity, as assignment of a policy of insurance can only be valid of the insurer consents to this course, whereby, in truth a new contract of insurance is effected between the assignee and the insurer, and that between the assignor (the original insured) and the insurer lapses.”

RESTRICTIONS ON ASSIGNABILITY IMPOSED BY THE COMPANY; If parties to a contract of insurance agree to impose restrictions to the assignability of the policy or to make it assignable only with the consent of the company , effect must be given to such restrictions. But such provision does not apply to the case of the person on whom the policy has devolved by the operation of law, or in the case of person who is under obligation to insure. If insurance policy is not assignable they assignee has no right to sue or call the insurance company in case of loss or damage due to insured peril. In this case the right person is the insured /assured to claim loss /damage under insurance policy.

PLEASE NOTE THAT: life policies are now construed not as a contract of indemnity but to pay a certain sum in a certain vent depending on the duration of human life. If at the time the contract of insurance is made the person affecting insurance has an insurable interest in the life of the person assured the policy is a valid, notwithstanding the fact that the person effecting the insurance ceased to have an interest in the life assured at the time when policy become due. It follows from this that the assignment of a life policy would be valid and would pass to the assignee the rights to the insurance money, even though the assignor’s interest in the life had ceased to have an interest in the life assured at the time when the policy became due.

It follows from above that the assignment of a life policy would be valid and would pass to the assignee the rights to the insurance money, even through the assignor’s in the life had ceased before the date of the assignment. It means an assignment to person without interest is not invalid assignment.

It is obvious that the contract of insurance may be assigned in one of two ways.

i) In the first place, the policy may be assigned without the assignment of the property insured; or,

ii) secondly, the policy may be assigned together with the assignment of the property insured. The distinction is important, and must be kept in mind.

Where the assignment is of the policy only, there is no difficulty in reconciling this with the nature of a personal contract.

All that is assigned in this case is the right to receive the insurance money, in case the interest of the person originally insured suffers loss from the perils insured against. The assignment is like the assignment of any other chose in action.

The assignee is merely the person designated to receive the insurance, and he acquires only the rights of the assignor, and is subject to all the defences which the insurers have or may have against the person originally insured.

No element of the personal contract is violated, for it is of no consequence to the insurers who receives the insurance money, so long as they are free from the claims of the person originally insured.

But where the property insured is sold, and the policy is assigned, an entirely different question is raised. In this case, the person originally insured has parted with his entire interest in the subject-matter of the contract. He can suffer no loss, for he had no interest in the property at the time of the loss. The insurers cannot indemnify him, for he has no interest which can be the subject of indemnity. That interest is in the assignee, a stranger to the contract, who is neither a party nor a privy to the original contract, and it is he who suffers the loss. If, then, the contract can be assigned, seemingly the whole conception of a personal contract will be done away with.

ASSIGNMENT OF MARINE INSURANCE POLICY

The terms and conditions of Marine Insurance Policies are governed provisions of the Marine Insurance act,1963.

“(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 such 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 endorsement thereon or in other customary manner.

SECTION 17 OF MARINE INSURANCE ACT,1963 provides that

Assignment of interest.—Where the assured assigns or otherwise parts with his interest in the subject-matter insured, he does not thereby transfer to the assignee his rights under the contract of insurance, unless there be an express or implied agreement with the assignee to that effect.

But the provisions of this section do not affect transmission of interest by operation of law.

ACCORDING TO SECTION 25 OF THE MI ACT,1963 provides that a Marine Insurance Plicy must specify ;

(1) the name of the assured, ore of some person who affects the insurance on his behalf;

(2) the subject-matter insured and the risk insured against.

(3) the voyage, or period of time, both, as the case may be, covered by the insurance;

(4) the sum or sums insured;

(5) the name or names of the insurer or insurers.

Contract must be embodied in policy-

According to Section 24 of the marine insurance act 1963, A contract of marine insurance shall not be admitted in evidence unless it is embodied in a Marine policy in accordance with this act (Marine Insurance Act 1963). The policy may be executed and issued either at the time when the contract is concluded or afterwards.

SECTION 52 provides that –

When and how policy is assignable.—(1) A marine policy may be transferred by assignment 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 such 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 suit had been brought in the name of the person by or on behalf of whom the policy was effected.

SECTION 53 OF MI ACT,1963 .

Assured who has no interest cannot assign.—Where the assured has parted with or lost his interest in the subject-matter insured, and has not, before or at the time of so doing expressly or impliedly agreed to assign the policy, any subsequent assignment of the policy is inoperative.

Provided that nothing in this section affects the assignment of a policy after loss.

SECTION 52 provides as to when and how the marine policy may be transferred. It says that a Marine Policy may be transferred by assignment unless it contains express terms, which prohibits any assignment of the policy. It also provides that such assignment can be made before or after the loss has occasioned.

SECTION 52(2) -provides that once assignment is made then the assignee is entitle to sue in his name whereas the insure/defendant is also entitled to raise all such defences against the assignee ,which are available to him against the origiional insured i.e. the assigner.

SECTION 17 -provides that where the assured assigns or otherwise parts with his interest in the subject matter insured, he (insured) does not thereby transfer to the assignee his rights under the contract of insurance unless there is an express or implied agreement with the assignee of that effect. This section does not affect transmission of interest by operation of law.

Please Note That – Section 17 even after making an assignment by the insured of their contract of insurance policy, the rights of insured under the contract of insurance policy are not assigned in favour of assignee by the deed of assignment but they are continued to remain with the insured.

PLEASE NOTE THAT

A marine insurance policy is assignable either before or after the loss, unless it contains terms expressly prohibiting assignment. A policy on goods is generally freely assignable. Merchandise like tea, jute and wheat etc., change hands before they reach their destination and policies on them must be freely transferable. Both policies on ship or on freight are subject to restrictions on assignment.

An assignment by the insured of his interest in the subject-matter insured does not transfer his rights in the policy of insurance thereon to the assignee, unless there is an express or implied agreement to that effect. But a transmission of interest in the subject –matter insured by operation of law- such as by death or insolvency- will operate as a transfer of the policy also.

An assured who has assigned or lost his interest in the insured property cannot subsequently assign the policy of insurance thereon. Unless before or at the time of assigning the property, he has expressly or impliedly agreed to assign the policy. However, he can always assign the policy after loss. The marine policy may be assigned by endorsements on the policy itself or in any other customary manner. On the assignment of the beneficial interest in the policy, the assignee is entitled to sue thereon in his name.

CONCLUSION : from above discussion it is clear that in case of marine insurance ,an Insurable interest must be present only at the time of claiming and policy is easily assignable.It may be assigned to any, who has insurable interest or going to acquire at later date. Cargo insurance assignment does not even require consent of insurer, which is necessary in hull insurance.Transfer of subject matter does not automatically transfer insurance policy also. Person who lost or parted with insurable interest cannot transfer the policy subsequently. We hereby conclude that a Marine Insurance Policy is freely assignable unless expressly prohibited through some terms and conditions in the insurance policy or insured and the insurance company has agreed to prohibit any assignment of insurance policy. There is no inherent difference between the contract of marine insurance and the contract of fire insurance. Both are contracts of indemnity; both are personal contracts with the insured, and both are mercantile contracts ordered and controlled by the custom of merchants. Yet the courts seem to have ruled from the earliest times that, in the case of fire insurance, no assignment of the policy and property will be valid without the consent of the insurer thereto, while in marine insurance no such consent is necessary.

DISCLAIMER above article is only for information and knowledge of readers. In case of necessity do consult with insurance professional for more clarity and understanding on subject matter.

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Name: FCS Deepak P. Singh

Qualification: cs, company: sbi general insurance company limited, location: mumbai, maharashtra, india, member since: 25 aug 2018 | total posts: 370, my published posts, join taxguru’s network for latest updates on income tax, gst, company law, corporate laws and other related subjects..

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Tax Planning

What is ‘Assignment’ of Life Insurance Policy?

Insurance is a contract between the insurance company (insurer) and you (policyholder) . It is a contract with full of jargon. As much as possible, we must try to understand all the insurance terms mentioned in the policy bond (certificate) . One such insurance jargon which is mostly used is Assignment .

If you are planning to apply for a home loan, your home loan provider may surely use this term. So, what is Assignment? Why assignment of a life insurance policy is required? What are different types of assignment? What are the differences between Assignment & Nomination?

What is Assignment?

Assignment of a life insurance policy means transfer of rights from one person to another. You can transfer the rights on your insurance policy to another person / entity for various reasons. This process is referred to as ‘ Assignment ’.

The person who assigns the insurance policy is called the Assignor (policyholder) and the one to whom the policy has been assigned, i.e. the person to whom the policy rights have been transferred is called the Assignee .

Once the rights have been transferred from the Assignor to the Assignee, the rights of the policyholder stands cancelled and the assignee becomes the owner of the insurance policy.

Assigning one’s life insurance policy to a bank is fairly common. In this case, the bank becomes the policy owner whereas the original policyholder continues to be the life assured on whose death the bank or the policy owner is entitled to receive the insurance money.

Types of Assignment

The assignment of an insurance policy can be made in two ways;

Example : Mr. PK Khan owns a life insurance policy of Rs 1 Crore. He would like to gift this policy to his wife. He wants to make ‘absolute assignment’ of this policy in his wife’s name, so that the death benefit (or) maturity proceeds can be directly paid to her. Once the absolute assignment is made, Mrs. Khan will be the owner of the policy and she may again transfer this policy to someone else.
Example : Mr. Mallya owns a term insurance policy of Rs 50 Lakh. He wants to apply for a home loan of Rs 50 Lakh. His banker has asked him to assign the term policy in their name to get the loan. Mallya can conditionally assign the policy to the home loan provider to acquire a home loan. If Mallya meets an untimely death ( during the loan tenure) , the banker can receive the death benefit under this policy and get their money back from the insurance company.

Conditional assignment life insurance pic

In case if the death benefit received by the banker is more than the outstanding loan amount, the insurer will pay the bank the outstanding dues and pay the balance to the nominee directly. The balance amount (if any) will be paid to Mallya’s beneficiaries ( legal heirs / nominee) .

How to assign a life insurance policy?

The Assignment must be in writing and a notice to that effect must be given to the insurer. Assignment of a life insurance policy may be made by making an endorsement to that effect in the policy document (or) by executing a separate ‘ Assignment Deed ’. In case of assignment deed, stamp duty has to be paid. An Assignment should be signed by the assignor and attested by at least one witness.

Download absolute assignment deed sample format / conditional assignment deed format.

application for assignment life insurance policy pic

Nomination Vs Assignment

Nomination is a right given to the policyholder to appoint a person(s) to receive the death benefit (death claim) . The person in whose favor the nomination is effected is termed as ‘nominee’. The nominee comes into picture only after the death of the life assured (policy holder) . The nominee will not have the absolute right over the money (claim proceeds) . The other legal heirs of the policy holder can also recover money from the nominee.

(However, as per Insurance Laws (Amendment) Act, 2015 – If an immediate family member such as spouse / parent / child is made as the nominee, then the death benefit will be paid to that person and other legal heirs will not have a claim on the money)

Under nomination, the rights of the policyholder are not transferred. But, assignment is transfer of rights, interest and title of the policy to some other person (or) entity. To make assignment, consent of the insurer is also required.

Important Points

Assignment of policies can be done even when a loan is not required or for some special purposes.
If you assign the policy for other purpose other than taking a loan, the nomination stands cancelled.
If the policy is assigned, then the assignee will receive the policy benefit. Death benefit will be paid to the Nominee, in case the policy is not assigned.
The policy would be reassigned to you on the repayment of the loan (under conditional assignment) .
Types of insurance policies used for assignment purpose to get business loans, generally include an endowment plan, money back policy or a ULIP. Home loan providers generally ask for the assignment of Term insurance plans on their names. (The term plan tenure should be more than the home loan tenure)
An assignment of a life insurance policy once validly executed, cannot be cancelled or rendered in effectual by the assignor. The only way to cancel such assignment would be to get it re-assigned by the assignee in favor of the assignor.
You can also raise a loan against your policy from your insurance company itself. In this case, your policy would have to be assigned to insurance company.
An insurer may accept the assignment or decline. (The insurer shall, before refusing to act upon the endorsement, record in writing the reasons for such refusal and communicate the same to the policy-holder not later than thirty days from the date of the policy-holder giving notice of such transfer or assignment)
In case of death of the absolute Assignee (to whom the policy rights have been transferred under absolute assignment) , the rights under the policy will be transferred to the legal heirs of the assignee.
You can also assign a life insurance policy under Married Women’s Property Act . (At the time of making the application (buying a policy), a separate MWPA form has to be filled by the proposer for it to be covered under MWP Act. Do note that the existing life insurance policies cannot be assigned under MWP Act)
Partial assignment or transfer of a policy can also be made. But banks will accept any of your life insurance policies as long as the sum assured is equal to or greater than the loan amount.

Hope you find this post informative and do share your comments.

(Image courtesy of Stuart Miles at FreeDigitalPhotos.net)

About The Author

Sreekanth Reddy

Can a LIC policy be assigned to someone not related by blood??

Dear Chowdhury, Yes, it is possible. However, Assignment is not permitted on all life insurance policies issued under How to buy Term Life Insurance under Married Women’s Property Act?

Very useful and gathered more knowledge

Hi, I got a question in CFP EXAM 5( case study paper) with regard to assignment of money back policy to a minor. I would like to know can a conditional assignment be made to a minor and if yes what about the premium that is yet to be paid? and would a guardian need to be appointed till the minor attains majority? and is it possible that an absolute assignment can be made?

Dear Dhaarini,

Where an assignment is made in favour of minor, the policy can not be dealt with during the minority of the assignee, even with consent of natural guardian or appointed guardian. This means minor assignee cannot raise loan, surrender or further assign the policy during his/her minority.

If the assignment is in favour of a minor, in the event of claim, policy money cannot be paid to him, as he cannot give valid discharge. It is therefore desirable that where the assignee is minor, testamentary guardian should be appointed in respect of all the properties of such minor including the policy moneys. The father i.e. natural guardian of the minor can only appoint the testamentary guardian. The appointment can be done by a separate instrument or on the back of the policy.

What if a wife has taken a policy in the name of his husband and put the nominee herself and also pays all the premiums herself, and now they are taking divorce. So, now can husband assign the policy to her and what benefits she can receive after assignment. Can she withdraw tha amount of the policy??

Dear Monika, Yes, he can make an Absolute assignment in the name of Wife..

Under Life Assurance one can assign a policy only if that policy is a policy of his/her own life. Here wife has taken a policy on her husband life and hence assignment does not arise. In the event of death of her husband she receives the death benefit irrespective of her relationship at the time of death. This is because under Life Assurance the Insurable Interest is required at the proposal stage and needs not be present at the claim stage.

I wanna give my policy to new owner

A assigned his policy to his brother B and B is paying premiums. A’s nominee is his father. What will happen if B dies?

Dear Mr Naidu, May I know what type of Assignment is this??

A assigned his policy to his brother B, out of love and affection as absolute assignment. Whose life is covered?. What happens if B dies?

Dear Mr Naidu, If the assignee (Mr B) dies, then his/her legal heirs will be entitled to the policy money. Kindly note that an assignee cannot make a nomination on the policy which is assigned to him.

“Absolute assignment is generally made for valuable consideration e.g. raising of loan from an individual / institution. This assignment has the effect of passing the title in the policy absolutely to the assignee and the policyholder in no way retains any interest in the policy. The absolute assignee can deal with the policy in any manner he likes and may even transfer his interest to another person or surrender the policy. Under absolute assignment when the assignee (Mr B) dies the benefits go to the legal heirs of the assignee and not to the heirs of the life assured.”

What is the procedure to get the policy assigned? How much time does it take?

Thanks for this. I always like to use study materials by Indians in preparing for my professional exams. The contents here are superb and easy to understand.

Once assignment is done, on whose name Renewal receipts and PPC will be generated.

Dear Gayu ..in the name of Policyholder only.

My colleagues were looking for USPS PS 1000 this month and were informed of an online platform that hosts a ton of fillable forms . If people are wanting USPS PS 1000 too , here’s https://goo.gl/Qqo6in .

Dear Sreekanth, I am having an LIC policy for the past 10 year. now i would like to assign the same to my mother. Now after the assignment, whose life is covered and who gets all the benefit? Do i have to appoint a new nominee after the assignment?

Dear Bhavik ..Life cover will be in your name only. Your mother can get the benefits. You can make her as the nominee.

If policy assigned to absolute assignment from A to B. B is the assignee of the policy and he have all rights of the policy. After assignment who will have a life cover A or B. Who will get the death benefits

Dear Senthil, Life cover – A. Beneficiary – B.

Thanks for this information, Let me know who will pay the remaining premium after assignment.and what are the other reasons for assignment except loan and gift. Manish

Dear Manish ..The policy holder only has to pay the premium.

I have a ULIP assigned to my home loan. I have paid two annual premiums till now. If I dont pay the next premium, will it have any impact on my home loan ? I know that my ulip will get discontinued in this case but can the bank force me to pay the premium legally ?

Dear Kalis, If sum assured falls below the outstanding loan amount then you banker may ask you to assign another policy or pay the premiums on this one.

Thanks. Sum assured is already below the loan amount. In this case, can bank take any legal action against me if I don’t pay the premium?

Dear Kalis..Why do you want to take this risk?

Who will have to pay tax if single premium ULIP where premium is >20% of sum assured is assgned to spouse & she then sureender it.

Dear Vishal ..The insured (policyholder)..

my father aged 72 has taken a ULIP policy on my Child with coverage 10 lakhs .But now he would like to Assign the policy to my mother’s Name aged 67.

Please Clarify weather the life coverage and policy benefits will be transferred to my Mother or will it continue with my son.

Dear Nisha, May I know who is the ‘insured’ in this policy? Is the child just a nominee to the policy? “If he assigns the policy for other purpose other than taking a loan, the nomination stands cancelled. If the policy is assigned, then the assignee will receive the policy benefit. “

Hi.. Really nice blog.very informative and useful. I liked the way You explained very briefly about Assignment’ of Life Insurance Policy.

Hi Srikanth,

Nice article on Assignment!

I Just wanted to know If i nominate my spouse for the life insurance or nominate my child and appoint my spouse how these to things are different in terms claim settlement of life insurance.

Ideally I may want my spouse to look-after my child education until they turn major and they do not misuse the claim amount.

Please let me know if possible your contact number so that we discuss further..

Please suggest.

Thanks, Shravan

Dear Shravan, If you are planning to buy a new Term plan, you can assign the policy under MWP Act by mentioning the Percentages (share in death benefits) among your legal heirs (spouse & kids). You also have the option to write a WILL and give detailed instructions about how the claim amount (if any, on such policy) should be used or allocated.

Dear Sreekant, Thanks for such valuable information. Please do correction on your post that the existing life insurance policies cannot be assigned under MWP Act. Pl correct me if I am wrong. Please let me know that even if I assign the policy unconditionally to the bank for home loan purpose, after repaying the home loan successfully, the bank should re-assign the policy to me. If it does not do this, what options do I have? Thanks again.

Dear Vivek, Yes, only new insurance policies can be assigned (while purchasing new ones) under MWP. I should have written the sentence as ‘You can also assign a new life insurance policy under….’ Thank you for pointing this out. (I have provided all the details about MWP act in another article).

If a policy is assigned with absolute assignment, it cannot be cancelled. It can be done only by another valid re-assignment. So, the banker has to re-assign it after the repayment of loan. When you do not wish to give away your complete control over policy, do not go in for absolute assignment.

thanks for prompt response.

ReLakhs.com is a blog on personal finances. The main aim of this blog is to help you make INFORMED financial decisions by presenting the content on money matters in a simple, unbiased and easy to understand manner.

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Azure Policy assignment structure

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Policy assignments are used by Azure Policy to define which resources are assigned which policies or initiatives. The policy assignment can determine the values of parameters for that group of resources at assignment time, making it possible to reuse policy definitions that address the same resource properties with different needs for compliance.

For more information on Azure Policy scope, see Understand scope in Azure Policy .

You use JavaScript Object Notation (JSON) to create a policy assignment. The policy assignment contains elements for:

display name
description
resource selectors
enforcement mode
excluded scopes
policy definition
non-compliance messages

For example, the following JSON shows a policy assignment in DoNotEnforce mode with dynamic parameters:

All Azure Policy samples are at Azure Policy samples .

Display name and description

You use displayName and description to identify the policy assignment and provide context for its use with the specific set of resources. displayName has a maximum length of 128 characters and description a maximum length of 512 characters.

The optional metadata property stores information about the policy assignment. Customers can define any properties and values useful to their organization in metadata . However, there are some common properties used by Azure Policy. Each metadata property has a limit of 1,024 characters.

Common metadata properties

assignedBy (string): The friendly name of the security principal that created the assignment.

createdBy (string): The GUID of the security principal that created the assignment.

createdOn (string): The Universal ISO 8601 DateTime format of the assignment creation time.

parameterScopes (object): A collection of key-value pairs where the key matches a strongType configured parameter name and the value defines the resource scope used in Portal to provide the list of available resources by matching strongType . Portal sets this value if the scope is different than the assignment scope. If set, an edit of the policy assignment in Portal automatically sets the scope for the parameter to this value. However, the scope isn't locked to the value and it can be changed to another scope.

The following example of parameterScopes is for a strongType parameter named backupPolicyId that sets a scope for resource selection when the assignment is edited in the Portal.

updatedBy (string): The friendly name of the security principal that updated the assignment, if any.

updatedOn (string): The Universal ISO 8601 DateTime format of the assignment update time, if any.

evidenceStorages (object): The recommended default storage account that should be used to hold evidence for attestations to policy assignments with a manual effect. The displayName property is the name of the storage account. The evidenceStorageAccountID property is the resource ID of the storage account. The evidenceBlobContainer property is the blob container name in which you plan to store the evidence.

Resource selectors

The optional resourceSelectors property facilitates safe deployment practices (SDP) by enabling you to gradually roll out policy assignments based on factors like resource location, resource type, or whether a resource has a location. When resource selectors are used, Azure Policy will only evaluate resources that are applicable to the specifications made in the resource selectors. Resource selectors can also be used to narrow down the scope of exemptions in the same way.

In the following example scenario, the new policy assignment is evaluated only if the resource's location is either East US or West US .

When you're ready to expand the evaluation scope for your policy, you just have to modify the assignment. The following example shows our policy assignment with two more Azure regions added to the SDPRegions selector. Note, in this example, SDP means to Safe Deployment Practice :

Resource selectors have the following properties:

name : The name of the resource selector.

selectors : (Optional) The property used to determine which subset of resources applicable to the policy assignment should be evaluated for compliance.

kind : The property of a selector that describes which characteristic narrows down the set of evaluated resources. Each kind can only be used once in a single resource selector. Allowed values are:

resourceLocation : This property is used to select resources based on their type. Can't be used in the same resource selector as resourceWithoutLocation .

resourceType : This property is used to select resources based on their type.

resourceWithoutLocation : This property is used to select resources at the subscription level that don't have a location. Currently only supports subscriptionLevelResources . Can't be used in the same resource selector as resourceLocation .

in : The list of allowed values for the specified kind . Can't be used with notIn . Can contain up to 50 values.

notIn : The list of not-allowed values for the specified kind . Can't be used with in . Can contain up to 50 values.

A resource selector can contain multiple selectors . To be applicable to a resource selector, a resource must meet requirements specified by all its selectors. Further, up to 10 resource selectors can be specified in a single assignment. In-scope resources are evaluated when they satisfy any one of these resource selectors.

The optional overrides property allows you to change the effect of a policy definition without modifying the underlying policy definition or using a parameterized effect in the policy definition.

The most common use case for overrides is policy initiatives with a large number of associated policy definitions. In this situation, managing multiple policy effects can consume significant administrative effort, especially when the effect needs to be updated from time to time. Overrides can be used to simultaneously update the effects of multiple policy definitions within an initiative.

Let's take a look at an example. Imagine you have a policy initiative named CostManagement that includes a custom policy definition with policyDefinitionReferenceId corpVMSizePolicy and a single effect of audit . Suppose you want to assign the CostManagement initiative, but don't yet want to see compliance reported for this policy. This policy's 'audit' effect can be replaced by 'disabled' through an override on the initiative assignment, as shown in the following sample:

Overrides have the following properties:

kind : The property the assignment will override. The supported kind is policyEffect .

value : The new value that overrides the existing value. The supported values are effects .

selectors : (Optional) The property used to determine what scope of the policy assignment should take on the override.

kind : The property of a selector that describes what characteristic will narrow down the scope of the override. Allowed value for kind: policyEffect is:

policyDefinitionReferenceId : This specifies which policy definitions within an initiative assignment should take on the effect override.

Note that one override can be used to replace the effect of many policies by specifying multiple values in the policyDefinitionReferenceId array. A single override can be used for up to 50 policyDefinitionReferenceIds, and a single policy assignment can contain up to 10 overrides, evaluated in the order in which they're specified. Before the assignment is created, the effect chosen in the override is validated against the policy rule and parameter allowed value list (in cases where the effect is parameterized ).

Enforcement mode

The enforcementMode property provides customers the ability to test the outcome of a policy on existing resources without initiating the policy effect or triggering entries in the Azure Activity log .

This scenario is commonly referred to as "What If" and aligns to safe deployment practices. enforcementMode is different from the Disabled effect, as that effect prevents resource evaluation from happening at all.

This property has the following values:

If enforcementMode isn't specified in a policy or initiative definition, the value Default is used. Remediation tasks can be started for deployIfNotExists policies, even when enforcementMode is set to DoNotEnforce .

Excluded scopes

The scope of the assignment includes all child resource containers and child resources. If a child resource container or child resource shouldn't have the definition applied, each can be excluded from evaluation by setting notScopes . This property is an array to enable excluding one or more resource containers or resources from evaluation. notScopes can be added or updated after creation of the initial assignment.

An excluded resource is different from an exempted resource. For more information, see Understand scope in Azure Policy .

Policy definition ID

This field must be the full path name of either a policy definition or an initiative definition. policyDefinitionId is a string and not an array. The latest content of the assigned policy definition or initiative is retrieved each time the policy assignment is evaluated. It's recommended that if multiple policies are often assigned together, to use an initiative instead.

Non-compliance messages

To set a custom message that describes why a resource is non-compliant with the policy or initiative definition, set nonComplianceMessages in the assignment definition. This node is an array of message entries. This custom message is in addition to the default error message for non-compliance and is optional.

Custom messages for non-compliance are only supported on definitions or initiatives with Resource Manager modes definitions.

If the assignment is for an initiative, different messages can be configured for each policy definition in the initiative. The messages use the policyDefinitionReferenceId value configured in the initiative definition. For details, see policy definitions properties .

This segment of the policy assignment provides the values for the parameters defined in the policy definition or initiative definition . This design makes it possible to reuse a policy or initiative definition with different resources, but check for different business values or outcomes.

In this example, the parameters previously defined in the policy definition are prefix and suffix . This particular policy assignment sets prefix to DeptA and suffix to -LC . The same policy definition is reusable with a different set of parameters for a different department, reducing the duplication and complexity of policy definitions while providing flexibility.

For policy assignments with effect set to deployIfNotExist or modify , it's required to have an identity property to do remediation on non-compliant resources. When using identity, the user must also specify a location for the assignment.

A single policy assignment can be associated with only one system- or user-assigned managed identity. However, that identity can be assigned more than one role if necessary.

Learn about the policy definition structure .
Understand how to programmatically create policies .
Learn how to get compliance data .
Learn how to remediate non-compliant resources .
Review what a management group is with Organize your resources with Azure management groups .

Coming soon: Throughout 2024 we will be phasing out GitHub Issues as the feedback mechanism for content and replacing it with a new feedback system. For more information see: https://aka.ms/ContentUserFeedback .

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Policy has tightened a lot. how tight is it (an update).

May 7, 2024

Over the past few years, I have published a series of essays assessing where we are in our inflation fight and highlighting some important questions policymakers are facing. My most recent essay was in February of this year, where I questioned how much monetary policy was actually restraining demand. This essay is an update to that commentary, and I now examine the current stance of monetary policy in more detail. 1

I will argue that the Federal Open Market Committee (FOMC) has tightened policy significantly, compared with prior cycles, both in absolute terms and relative to the market’s understanding of neutral. But I will also observe that the housing market is proving more resilient to that tight policy than it generally has in the past. Given that housing is a key channel through which monetary policy affects the economy, its resilience raises questions about whether policymakers and the market are misperceiving neutral, at least in the near term. It is possible that once the reopening dynamics of the post-COVID economy have concluded, the macro forces that drove the low-rate environment that existed before the pandemic will reemerge, pulling neutral back down. But the FOMC must set policy based on where neutral is in the short run to achieve our dual mandate goals in a reasonable period of time. The uncertainty about where neutral is today creates a challenge for policymakers.

Economic Update

Since my last update in February, two significant economic developments have occurred simultaneously: Inflation appears to have stopped falling and economic activity has proven resilient, continuing the robust activity we saw in the latter half of 2023.

The FOMC targets 12-month headline inflation of 2 percent. While we saw rapid disinflation in the second half of 2023, that progress appears to have stalled in the most recent quarter (see Figure 1). The question we now face is whether the disinflationary process is in fact still underway, merely taking longer than expected, or if inflation is instead settling to around a 3 percent level, suggesting that the FOMC has more work to do to achieve our dual mandate goals.

During this time, economic activity has continued to show remarkable strength, as shown in Figure 2. While the most recent headline GDP appears somewhat weaker than prior quarters, that slowdown was driven largely by inventories and net exports. Underlying domestic demand remained strong.

The labor market, the other half of our dual mandate, has also remained strong with the unemployment rate at a historically low 3.9 percent.

Policy Is Much Tighter than the Pre-pandemic Period

In prior essays I wrote that the single best proxy for the overall stance of monetary policy is the long-term real rate, specifically the 10-year Treasury inflation-protected securities (TIPS) yield. Focusing on a long-term rate incorporates the expected path of both the federal funds rate and balance sheet, not just the current level of the federal funds rate. Moreover, it adjusts the expected path of policy by expected future inflation—the relevant comparison—rather than by recently realized inflation.

As I noted in earlier essays, prior to the pandemic the 10-year real yield was about zero, which I estimate was roughly a neutral policy stance at that time. In response to the pandemic, the FOMC acted aggressively to support the economy by driving the federal funds rate to the effective lower bound and massively expanding our balance sheet. Those combined effects drove the 10-year real yield to roughly -1 percent, as shown in Figure 3. Since we began our tightening cycle two years ago, 10-year real yields have more than fully retraced their pandemic decline and are now around 2.2 percent. Thus, we are clearly in a tighter stance now than immediately before the pandemic.

This Tightening Cycle Appears to Be as Aggressive as the 1994 Cycle

Data from the TIPS market only go back 20 years or so; thus, to evaluate earlier tightening cycles one must make a number of assumptions about the neutral rate and about inflation expectations.

I do not think comparisons to the 1970s and early 1980s are particularly relevant to us today because in those decades, the FOMC had to establish its inflation-fighting credibility, so the required monetary tightening was very large.

The tightening cycle in 1994 might be a better benchmark because at that time, as is true now, the FOMC had a lot of credibility with the public. Inflation was not as high in 1994, however, as it was in this episode. So it is not a perfect comparison either.

Minneapolis Fed staff’s best estimate is that when the FOMC raised the policy rate by 300 basis points in the 1994 tightening cycle, this translated into an increase of about 200 basis points in the 10-year real rate (Figure 4), which was coincidentally also about 200 basis points above the then-neutral 10-year real rate. So that is the key: It seems as though policy drove the 10-year real rate about 200 basis points above neutral.

How does that compare to our current tightening cycle? (See Figure 3.) If my estimate of neutral being zero before the pandemic still holds, then we have accomplished similar or a bit more tightening in this cycle than was achieved in the 1994 tightening cycle.

Yield Curve Suggests Policy Is Tight

As I stated earlier, the underlying inflationary dynamics are quite different today than in 1994, so simply repeating the 1994 tightening might not be enough. And perhaps the unique dynamics of the post-COVID reopening economy have caused neutral to increase.

Another indicator I look at to assess the stance of monetary policy is the shape of the yield curve. Specifically, if the yield curve is inverted, it might indicate that monetary policy is in a contractionary stance. A lot of public attention is given to the yield curve, and there is a robust debate about whether an inverted yield curve is a reliable recession indicator. I wrote about this in 2018. Setting aside its usefulness as a predictor of recessions, the yield curve does seem to give some indication of the stance of monetary policy. The long end of the yield curve should offer some signal of where market participants believe interest rates will settle once current economic and policy shocks have run their course; if markets understand that neutral has moved, it should be reflected in the long end of the curve. If current short rates are higher than long rates, then that might signal an overall tight stance of policy today. Figure 5 shows the history of the (nominal) yield curve with a number of inversions over the past 50 years, including the current inversion. 2

Depending on the specific measures chosen, the yield curve has now been inverted for more than 20 months, which is a relatively long and somewhat deeper inversion than most prior cycles, the Volcker disinflation period being the exception. The current inverted yield curve suggests that policy is in fact tight relative to the market’s understanding of neutral.

The Resilience in the Housing Market Nonetheless Raises Questions

Housing is traditionally the most interest-rate-sensitive sector of the economy. Prior yield curve inversions also coincided with a marked slowdown or even contraction in residential investment, as shown in Figure 6. Curiously, while residential investment fell in the first part of our tightening cycle, it has since reversed and has grown 5 percent over the past year.

What could explain this apparent resilience in residential real estate given monetary policy that has led to an inverted yield curve? We know that following the Global Financial Crisis, the country built far fewer housing units than were needed to keep up with population growth and household formation. Thus, there appears to be a significant shortage of housing that will take a long time to close. In addition, responses to COVID have led to an increase in people working from home, and that has led to increased demand for housing. In recent years there has also been a significant increase in immigration. While the long-run effect of increased immigration on inflation is unclear, immigrants nonetheless need a place to live, and their arrival in the U.S. has likely also increased demand for housing. Policy actions by the FOMC have driven 30-year mortgage rates from around 4.0 percent prior to the pandemic to around 7.5 percent today. Perhaps that level of mortgage rates is not as contractionary for residential investment as it would have been absent these unique factors which are driving housing demand higher. In other words, perhaps a neutral rate for the housing market is higher than before the pandemic.

Other Signals from the Real Economy Are Mixed

Monetary policy is a blunt instrument that eventually affects virtually the entire economy, not only housing. While high interest rates may not be slowing housing as much as in prior tightening cycles, it is nonetheless having an impact on other sectors of the economy. For example, auto loan and credit card delinquencies have increased from very low levels and are now at rates higher than existed before the pandemic, indicating that some consumers are feeling stress from increased borrowing costs. Overall, however, economic activity, consumer spending and the labor market have proven surprisingly resilient.

The FOMC has undeniably tightened policy meaningfully, both relative to the pre-pandemic period and to some prior tightening cycles. Nonetheless, it is hard for me to explain the robust economic activity that has persisted during this cycle. My colleagues and I are of course very happy that the labor market has proven resilient, but, with inflation in the most recent quarter moving sideways, it raises questions about how restrictive policy really is. If policymakers and market participants are misperceiving the neutral policy rate, that could explain the constellation of data we are observing. This is also a communication challenge for policymakers. In my own Summary of Economic Projections (SEP) submission, I have only modestly increased my longer-run nominal neutral funds rate level from 2 percent to 2.5 percent. The SEP does not provide a simple way to communicate the possibility that the neutral rate might be at least temporarily elevated.

1 These comments reflect my own views and may not necessarily represent the views of others in the Federal Reserve System or of the Federal Open Market Committee.

2 Conceptually, the real yield curve is a better measure of the stance of monetary policy than the nominal yield curve. That said, because nominal and real spreads have been quite similar over the past 18 months, the nominal spread in Figure 5 currently provides an equivalent measure of the stance of monetary policy. I plot nominal yields in Figure 5 simply because they are available for a longer time period than TIPS yields.

Policy Has Tightened a Lot. How Tight Is It?

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Policy Has Tightened a Lot. Is It Enough? (A Second Update)

The Interaction between Inflation and Financial Stability

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App control: what is the process for setting up automatic policy assignment using ad mapping, by cb_support posted dec 22, 2021 02:34 pm, environment.

App Control Server: All Supported Versions
Install the App Control Server in an Active Directory Domain.
Enable the Active Directory Mapping Interface.
Create AD-mappable Target Policies.
Create Mappings.
Install, or move, Agents to AD-mappable Policies.

Additional Notes

AD-mappable Policies are compatible for any Computer configured through your Active Directory server, including non-Windows platforms.
AD-mappable Policies are indicated by the Column, "Automatic" in the Console > Rules > Policies.
If an AD-mappable Policy is deleted while an Agent is offline, the Agent will move to the Default Policy Group.
Automatic Policy Assignment is off by default and existing Policies will need to be configured with new mapping rules after enabling Automatic Policy Assignment.

Live Updates: Fed Holds Rates, Noting ‘Lack of Further Progress’ on Inflation

The Federal Reserve left interest rates unchanged and Jerome H. Powell, the central bank’s chair, said that gaining greater confidence in bringing down inflation would “take longer than previously expected.”

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Federal funds target rate

Federal funds

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Jeanna Smialek

What to know about the Fed’s rate decision.

Federal Reserve officials left interest rates unchanged and signaled that they are wary about how stubborn inflation is proving, paving the way for a longer period of high interest rates.

The Fed held borrowing costs steady at 5.33 percent on Wednesday, leaving them at a more than two-decade high where they have been set since July. Central bankers reiterated that they need “greater confidence” that inflation is coming down before reducing rates.

“Readings on inflation have come in above expectations,” Jerome H. Powell, the Fed chair, said at a news conference following the release of the central bank’s rate decision.

The Fed stands at a complicated economic juncture. After months of rapid cooling, inflation has proved surprisingly sticky in early 2024. The Fed’s preferred inflation index has made little progress since December, and although it is down sharply from its 2022 highs, it remains well above the Fed’s 2 percent goal — calling into question how soon and how much officials will be able to lower interest rates.

“What we’ve said is that we need to be more confident” that inflation is coming down sufficiently and sustainably, Mr. Powell said. “It appears that it’s going to take longer for us to reach that point of confidence.”

The Fed raised interest rates quickly between early 2022 and the summer of 2023, hoping to slow the economy by cooling demand. Higher Fed policy rates trickle through financial markets to push up mortgage, credit card and business loan rates, which can cool both consumption and company expansions over time.

But Fed policymakers stopped raising rates last year because inflation had begun to come down and the economy appeared to be cooling, making them confident that they had done enough. They had expected to make three interest rate cuts in 2024 as recently as March. Now, though, inflation’s recent staying power has made that look less likely.

Many economists have begun to push back their expectations for when rate reductions will begin, and investors now expect only one or two this year. Odds that the Fed will not cut rates at all this year have increased notably over the past month.

Mr. Powell made it clear on Wednesday that officials still think that their next policy move is likely to be a rate cut and said that a rate increase is “unlikely.” But he demurred when asked whether three reductions are likely in 2024.

He laid out pathways in which the Fed would — or would not — cut rates. He said that if inflation comes down or the labor market weakens, borrowing costs could come down.

“If we did have a path where inflation proves more persistent than expected, and where the labor market remains strong, but inflation is moving sideways and we’re not gaining greater confidence, well that could be a case in which it could be appropriate to hold off on rate cuts,” Mr. Powell said.

Investors responded favorably to those comments: Stocks rose and bond yields fell as Mr. Powell was speaking.

A longer period of high Fed rates will be felt from Wall Street to Main Street. Key stock indexes fell in April as investors came to expect a longer stretch of elevated borrowing costs, and mortgage rates have crept back above 7 percent, making home buying pricier for many want-to-be owners.

But Fed officials are planning to keep rates high for a reason: They want to be sure to stamp out inflation fully to prevent quickly rising prices from becoming a more permanent part of America’s economy. Inflation has cooled sharply from its 2022 peak of 7.1 percent, but at 2.7 percent, it is still well above the Fed’s 2 percent goal.

Policymakers are closely watching how inflation data shape up as they try to figure out their next steps. Economists still expect that price increases will start to slow down again in the months to come, in particular as rent increases fade from key price measures.

“My expectation is that we will, over the course of this year, see inflation move back down,” Mr. Powell said on Wednesday. But he added that “my confidence in that is lower than it was because of the data that we’ve seen.”

Here are a few key takeaways from Powell’s press conference.

• The Fed still thinks that its next move will be a rate cut, and Powell clearly said that further rate increases are "unlikely."

• Still, it is not clear how much the Fed will manage to cut rates this year. Inflation is cooling more slowly than officials had expected.

• Powell avoided commenting on whether three rate cuts are still possible this year: That was the Fed's forecast as of March, but investors now expect fewer reductions.

• Powell said that he thinks that the current rate setting is weighing on the economy, and that it will continue to do so over time.

• The upshot? We may be headed for a longer period of high rates. For consumers, that means mortgages and credit card rates could stay pricey for a while.

And that is a wrap. Chair Powell has concluded his news conference.

Joe Rennison

For investors at least, it seems the main question they had coming into this meeting has been answered. They knew interest rates weren’t going to start falling anytime soon. It appears there is relief that Powell has been clear that he does not think they will increase, either. The S&P 500 is now treading water at around 1 percent higher for the day.

Ben Casselman

One point Powell has clearly tried to emphasize in this press conference is that the Fed has made a lot of progress, even if that progress has slowed recently. Inflation has come way down, the job market has come into better balance, and overall demand has cooled.

Meanwhile, the strength of the economy means that the Fed can afford to be patient, he says. If the economy starts to lose momentum, the Fed has time to react.

Bond yields are falling and that is helping stocks rally. The two-year Treasury yield is now 0.1 percent lower for the day, on course for its biggest move lower in three months. The S&P 500 is over 1 percent higher.

S&P 500

Lydia DePillis

Powell is asked whether this being an election year raises the bar for rate changes. “We’re always going to do what we think the right hing for the economy is. We’re not looking at anything else,” he said. “We’re at peace with that.”

Many Fed watchers have suggested that policymakers would be reluctant to cut rates right before the election lest they appear to be trying to help Biden. But, as he has before, he rejects that idea. “It’s hard enough to get the economics right,” he says, adding, “If you go down that road when do you stop?”

Jim Tankersley

The questions in this news conference have been split about evenly between whether rates should be higher or lower. But Powell keeps making clear that’s not where the Fed is: Officials are much more focused on the question of when to cut.

Powell pushes back forcefully against the idea that the economy is running the risk of “stagflation.” Inflation has fallen, growth is still strong and unemployment is low, he says. “I don’t see the stag or the flation,” he says.

Republicans have recently been raising the specter of “stagflation” in attacks on Biden; Powell is having none of that here.

The “stagflation” narrative frankly doesn’t make much sense. The risk right now is that the Fed is failing to cool off the economy, and that it will have to get more aggressive to tame inflation. That’s a real concern, but it’s nothing at all like the “stagflation” of the 1970s.

The Fed is keeping rates high, but is simultaneously slowing the roll-off of its bond holdings. On the surface, those two policies might seem to be at cross-purposes. But Powell pushes back against that idea, saying the bond policy isn’t an effort to stimulate the economy but just to avoid disrupting the financial system by reducing its holdings too quickly.

Powell is predicting that inflation is still poised to fall, but that he’s less confident in that than he used to be. “My expectation is that we will, over the course of this year, see inflation move back down” but “my confidence in that is lower than it was because of the data that we’ve seen,” he says.

Powell also makes clear, as he has in prior remarks, that the Fed doesn’t target a certain average wage level. Wages can rise faster than prices if production expands, which happened last year. Could that happen again this year? It would be harder, but it’s not impossible.

Powell dodges an effort to ping him down on when cuts might come, and whether it could happen this year. It will be up to the data, he says.

Some economists have suggested that all the talk of rate cuts basically worked against the Fed’s efforts to control inflation by leading to a rally in financial markets. But Powell pushes back against the notion that there has been a reacceleration in the economy. “What you see is economic activity at a level that’s roughly the same as last year,” he says.”

Investors are really welcoming Powell saying he thinks a rise in interest rates is unlikely, despite some other policymakers saying it could be possible. The S&P 500 is now up 0.9 percent.

The two-year Treasury yield, which is sensitive to changes in interest rate expectations, is also falling.

That was about as firm a “no” to Jeanna’s question as you’ll ever get from Powell. He doesn’t entirely rule out hikes, but he says explicitly they’re unlikely unless the data move in a substantial way.

In response to a question by our Jeanna Smialek, Powell said he thinks it’s "unlikely" that the next policy rate move will be a hike.

Howard Schneider at Reuters leads off the questioning by asking whether interested rates are “sufficiently restrictive.” That’s code for “Are you thinking about raising rates?”

Powell responds by saying he is confident interest rates are cooling down the economy and that he believes they will prove “sufficiently restrictive” over time.

Investors appear to be reacting positively to Powell’s initial comments, with a mini-rally starting after Powell said that interest rates are already “sufficiently restrictive” to slow the economy and inflation. The S&P 500 is now 0.5 percent higher for the day, having nudged lower prior to Powell’s answering reporter’s questions.

And that move is being exacerbated after Powell said that he thinks a rise in interest rates is “unlikely”.

Some economists have said recently that interest rates aren’t actually high enough to bring down inflation. Powell just disagreed with that assessment.

One of the most positive outlooks for employment is the Fed’s ability to use rate cuts as an insurance policy. “We are also prepared to respond to an unexpected weakening in the labor market,” Powell confirmed.

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How to Write a Policy Assignment

Reading and Analyzing Policy

Types of Policy Assignments

Proposed structure

Policy Brief (Briefing Note)

Make a plan

Read and take notes

Assess policy within course context

Reading an Official Plan

Reading a Policy Brief

Focused issue

Example: Effective issue definition 1

Example: Ineffective issue definition 1

Using research

Demonstrating analysis

Organized, concise, and clear writing

The Economic Times daily newspaper is available online now.

The insured needs to either endorse the policy document or make a deed of assignment and register the same with the insurer.

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Assignment of Marine Insurance Policy | Insurance Law

Assignment of Life Insurance Policy

Assignment in Insurance Policy | Meaning | Explanation | Types

What is Assignment in an Insurance Policy?

Who can make an assignment?

What happens to the ownership of the policy upon Assignment?

Can assignment be changed or cancelled?

What happens if the assignment dies?

What is the procedure to make an assignment?

Is it necessary to Inform the insurer about assignment?

Can a policy be assigned to a minor person?

Who pays premium when a policy is assigned?

Types of assignment

1. Conditional Assignment

2. Absolute Assignment

Related Posts

Assignment under Insurance Policies

INTRODUCTION

WHAT IS ASSIGNMENT?

Illustration

1.1. Effect of Assignment

1.2. Revocation of Assignment

1.3. Exceptions to Assignment

Pensions, PFs, military benefits etc. Illustration

Illustrations

1.5. Assignment under various laws in India

1.5.1. Under the Indian Contract Act

1.5.2. Under the Insurance Act

1.5.3. Under the Transfer of Property Act

I) Section 130 of the Transfer of Property Act

II) Section 131 of the Transfer Of Property Act

III) Section 132 of the Transfer Of Property Act

FACILITIES SECURED BY INSURANCE POLICIES – HOW ASSIGNMENT COMES INTO THE PICTURE

ETHICS OF ASSIGNING LIFE INSURANCE POLICY TO LENDERS

CURRENT STAND OF ICICI REGARDING FACILITIES SECURED BY INSURANCE POLICY, WITH SPECIFIC REFERENCE TO ASSIGNMENT OF OBLIGATIONS

Composite Document for Corporate and Realty Funding

ICICI Bank’s Standard Terms and Conditions Governing Consumer Durable Loans

THE ISSUE FACED BY ICICI BANK

RISKS INVOLVED

Practices of Other Companies

Possible Obligation to Insurance Companies

Possible litigation

Contra Proferentem

POSSIBLE DEFENSES AGAINST DISPUTES FOR THE SECURITY DOCUMENTS AS THEY ARE NOW

AVOIDING THESE RISKS

BIBLIOGRAPHY

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What is Assignment and Nomination in Life Insurance?

What is assignment in life insurance?

Types of Assignment

1. Absolute Assignment

2. Conditional Assignment

Key Points to know Note About Assignment

What is nomination in life insurance?