Acts and Regulations

I-12 - Insurance Act

Full text
Money payable in instalments
178(1)Subject to subsections (2) and (3), where insurance money is payable in instalments and a contract, or an instrument signed by the insured and delivered to the insurer, provides that a beneficiary has not the right to commute the instalments or to alienate or assign his interest therein, the insurer shall not, unless the insured subsequently directs otherwise in writing, commute the instalments or pay them to any person other than the beneficiary; and the instalments are not, in the hands of the insurer, subject to any legal process except an action to recover the value of necessaries supplied to the beneficiary or his children who are minors.
178(2)A court may, upon the application of a beneficiary and upon at least ten days notice, declare that in view of special circumstances
(a) the insurer may, with the consent of the beneficiary, commute instalments of insurance money, or
(b) the beneficiary may alienate or assign his interest in the insurance money.
178(3)After the death of the beneficiary, his personal representative may, with the consent of the insurer, commute any instalments of insurance money payable to the beneficiary.
178(4)In this section “instalments” includes insurance money held by the insurer under section 179.
1968, c.6, s.178; 1986, c.4, s.27