Sec.38 (2) of the Insurance Act, 1938 speaks about giving a notice
of assignment to the insurance company. But the section is silent about who
shall give a notice to the insurer. Have
you noticed this? Whether notice shall be given by the assignor, assignee, or
both or their legal representative?
The answer to this is given in sec.132 of the Transfer of Property
Act, 1882, which is reproduced here: ‘Notice to be in writing, signed: Every
notice of transfer of an actionable claim shall be in writing, signed by the
transferor or his agent duly authorized in this behalf, or, in case the
transferor refuses to sign, by the transferee or his agent, and shall state the
name and address of the transferee.
Therefore notice of assignment may be signed by the assignor,
assignee or by a person authorized for the purpose by either of them. In every
notice of assignment name and address of the assignee must be given.
Key words
Assignment
Assignor
Assignee
Notice of assignment
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