Life Policy ProvisionsQuestion 278 of 315

A policyowner ABSOLUTELY assigns her whole life policy to her adult son. Under the California life insurance assignment rules, which statement BEST describes the consequence?

a.Absolute assignment transfers ALL ownership rights (including the right to change the beneficiary, surrender the policy, and take loans) to the assignee; the original policyowner generally retains no rights in the contract
b.Absolute assignment transfers only the right to receive the death benefit; the original owner keeps cash value rights
c.Absolute assignment is void unless the insurer is also a party to the assignment
d.Absolute assignment is permitted only between spouses

Explanation

Under California Insurance Code §10130 and §10170 and standard policy provisions, an ABSOLUTE assignment is a complete transfer of all ownership rights in the policy from the assignor to the assignee. The assignee becomes the new owner and may exercise every right: change the beneficiary, take policy loans, surrender for cash, elect dividend options, and so forth. A COLLATERAL assignment, by contrast, transfers only a limited interest (typically to a creditor as security for a debt) and reverts to the original owner when the debt is paid. The insurer normally requires written notice but is not itself a party to the assignment. Option B describes a partial or collateral assignment. Option C misstates the insurer's role (notice only). Option D invents a family-only restriction that does not exist; any competent adult can be an assignee.

Law Reference: California Insurance Code §10170 (assignment of policy)

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