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Part of the American Term Life Insurance History Project
Term Life Insurance

 

REPORT OF THE .SUPERI\"TE.YT)EXT.   xxxix

said policy shall not be cancelled, altered, or otherwise dealt with by the company upon the application of the assured, and in any case not without reasonable notice to the said mortgagee or mortgagees :

(a.) In cases when the loss under any policy is, with the consent of the company, made payable to a mortgagee or mortgagees, proof of loss under any such policy may be made by such mortgagee or mortgagees.

Families Insurance Act, 1895 (B.C.), being chapter 26 of the Statutes of 1895, entitled : " An Act to secure to wives and children the benefit of life insurance." (Assented to 21st February, 1895.)

Her Majesty, by and with the advice and consent of the Legislative Assembly of the province of British Columbia, enacts as follows :

1. This Act may be cited as the " Families Insurance Act, 1593."

2. In this act unless inconsistent with the context,

  1. " Contract of insurance."

" Policy of insurance."

" Policy."

Shall include any certificate or contract hereinafter mentioned or in any way relating to life insurance.

  1. "_Maturity of the policy," or " maturity of the contract" shall mean the happening of the event or the expiration of the terns at which the benefit under the policy or contract accrues due.

3. The provisions (if this Act shall apply to every lawful contract of insurance in writing now in force or hereafter effected, which is based on the expectation of human life, and shall include life insurance on the endowment plan as well as every other, and shall also extend to the said contracts of insurance where any declaration endorsed thereon or attached thereto, though made before the date of the passage of this act, would have been or he within the operation and provisions of this Act, if the same had been made subsequent to the said date, and shall also extend and apply to membership beneficiary and other certificates and contracts relating to life insurance issuedlor entered into by any society or association of persons for any fraternal, provident, benevolent, industrial or religious purposes, among the purposes of which is the insurance of the lives of. the members thereof exclusively, or by any association for the purpose of life insurance formed in connection with any such society or organization, and from its members, and which insures the lives of such members, including certificates or contracts heretofore issued or entered into.

4. It is hereby declared to have been lawful for any person on or after the 21st day of February, IS73, to endorse upon or attach to any policy of insurance on his life effected and issued before that day, whether the policy was issued before or after marriage, a written declaration that the insurance was for the benefit of his wife or of his wife and children, or of his wife and some or one of his children, or of his children only, or of some or one of them, and to apportion the amount of the insurance money as he deemed proper when the insurance was declared to be for the benefit of more than one.

:i. Any person may insure his life for the whole term thereof, or for any definite period, for the benefit of his wife, or of his wife and children, or of his wife and some or one of his children, or of his children only, or of some or one of them, and, where the insurance is effected for the benefit of more than one, lie may apportion the amount of the insurance money as he may deem proper.

  1. The insurance may be effected either in the name of the person whose life is insured or in the name of his wife, or of any other person (with the assent of such other person) as trustee.

  2. In case a policy of insurance effected by a man on his life is expressed upon the face of it to be for the benefit of his wife, or of his wife and children, or any of them, or in case he has heretofore endorsed, or may hereafter endorse, or by any writing identifying the policy by its number or other-wise, has made, or may hereafter make, a declaration that the policy is for the benefit of his wife, or of his wife and children, or any of them, such policy shall enure, and he deemed a trust for the benefit of his wife for her separate use, and of his children, or any of them, according to the intent so expressed or declared, and so long as any object of the trust remains, the money payable under the policy shall not be subject to the control of the husband or his creditors, or form part of his estate when the sum secured by the policy becomes payable ; but this shall not be held to interfere with any pledge of the policy to any person prior to such declaration. In the case of a policy of written con-tract of life insurance effected before marriage, a delaration under this section shall be, and shall be deemed to have been as valid and effectual as if such policy or contract had been effected after marriage, but nothing herein contained shall affect any action or proceeding now pending.

S. (1.) Thu insured may by an instrument in writing attached to or endorsed on, or identifying the policy by its number or otherwise, vary a policy or a declaration or an apportionment previously made so as to restrict or extend, transfer, or limit the benefits of the policy to the wife alone, or the children, or to one or more of them, as beneficiaries or a beneficiary, or sole beneficiary, although the policy is expressed or declared to be for the benefit of the wife and children, or of the wife alone, or for the child or children alone, or for the benefit of the wife for life, and of the children after her

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Part of the American Term Life Insurance History Project
Term Life Insurance
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