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Report No. 82

Chapter 5

English and American Law

I. English La.- General Position

5.1. Assumption as to position in England and observations relating thereto.-

It will be convenient to refer now to the English law and the American law as to the effect of nomination under a policy of life insurance. At the outset, a preliminary observation may be made. In England, there is no general system of nomination in regard to ordinary life insurance policies1 of nature provided in section 30 of our Act. There are systems of nomination applicable only in regard to policies under-(i) Married Women's Property Act, and (ii) Friendly Societies Act.2

A nomination under the Married Women's Property Act stands on a special footing,3 and need not be considered in detail.4

We shall presently deal with nominations under the Friendly Societies Act.2

1. Halsbury's, 4th Edn., Vol. 25 (Insurance), deals only with assignments.

2. See para. 5.6, infra.

3. Section 11, Married Women's Property Act, 1882.

4. See Law Commission of India, 66th Report (Married Women's Property Act), paras. 8.7 and 8.8.

Effect of Nomination under Section 39 of the Insurance Act, 1938 Back

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