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[Cites 0, Cited by 15] [Section 38] [Entire Act]

Union of India - Subsection

Section 38(5) in The Insurance Act, 1938

(5)Subject to the provisions in sub-section (2), the transfer or assignment shall be complete and effectual upon the execution of such endorsement or instrument duly attested but except, where the transfer or assignment is in favour of the insurer, shall not be operative as against an insurer, and shall not confer upon the transferee or assignee, or his legal representative, any right to sue for the amount of such policy or the moneys secured thereby until a notice in writing of the transfer or assignment and either the said endorsement or instrument itself or a copy thereof certified to be correct by both transferor and transferee or their duly authorised agents have been delivered to the insurer:Provided that where the insurer maintains one or more places of business in India, such notice shall be delivered only at the place where the policy is being serviced.