Question

What recommendation does the Law Commission make regarding Section 38 of the Insurance Act?

a.

Section 38 should be repealed entirely.

b.

Section 38 should be retained without any modifications.

c.

Section 38 should be retained with modifications for greater clarity.

d.

Section 38 should be replaced with entirely new legislation.

Answer: (c).Section 38 should be retained with modifications for greater clarity. Explanation:The Law Commission recommends retaining Section 38 with modifications for greater clarity.

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Q. What recommendation does the Law Commission make regarding Section 38 of the Insurance Act?

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Explore Relevant Multiple Choice Questions (MCQs)

Q. What recommendation is made regarding the terminologies "assignment" and "transfer" in Section 38?

Q. What proposal is suggested regarding partial assignment or transfer of a policy of insurance?

Q. How does the recommendation propose to extend the applicability of Section 38?

Q. What safeguards are proposed to be built into Section 38 according to the recommendation?

Q. What does Section 39 of the Insurance Act, 1938 allow the policyholder to do?

Q. What provision is made for nominations involving minors according to Section 39?

Q. How can a nomination be made effectual according to Section 39?

Q. What happens to a nomination if the policy is transferred or assigned according to Section 39?

Q. What exception is provided regarding the cancellation of a nomination in case of assignment to the insurer who bears the rates on the policy?

Q. When does the money secured by the policy become payable according to Section 39(5)?

Q. What happens if there are multiple nominees and all of them die before the policyholder or their heirs according to Section 39(6)?

Q. When does Section 39 not apply to a policy of life insurance according to Section 39(7)?

Q. What provision is made for minor nominees under Section 39?

Q. How can a nomination be made effectual according to Section 39(2)?

Q. How can a nomination be cancelled or changed?

Q. When is the insurer not liable to pay according to the section?

Q. What is the maximum fee that the insurer may charge for registering a cancellation or change?

Q. When does a nomination automatically get cancelled?

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Q. When is the payment made to the nominee according to the section?

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