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Code · U.S. Code · Title 50 - WAR AND NATIONAL DEFENSE · CHAPTER 50— SERVICEMEMBERS CIVIL RELIEF · SUBCHAPTER III— RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS · § 3957

§ 3957. Protection of life insurance policy

400 words·~2 min read·/usc/title-50/section-3957

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Assignment of policy protected If a life insurance policy on the life of a servicemember is assigned before military service to secure the payment of an obligation, the assignee of the policy (except the insurer in connection with a policy loan) may not exercise, during a period of military service of the servicemember or within one year thereafter, any right or option obtained under the assignment without a court order.
(b)Exception The prohibition in subsection
(a)shall not apply—
(1)if the assignee has the written consent of the insured made during the period described in subsection (a);
(2)when the premiums on the policy are due and unpaid; or
(3)upon the death of the insured.
(c)Order refused because of material affect A court which receives an application for an order required under subsection
(a)may refuse to grant such order if the court determines the ability of the servicemember to comply with the terms of the obligation is materially affected by military service.
(d)Treatment of guaranteed premiums For purposes of this subsection, premiums guaranteed under the provisions of subchapter IV of this chapter shall not be considered due and unpaid.
(e)Misdemeanor A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
(Oct. 17, 1940, ch. 888, title III, § 306, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2850; amended Pub. L. 111–275, title III, § 303(b)(6), Oct. 13, 2010, 124 Stat. 2878.)
Connections2 cite this · traces to 2
11 references not yet in our index
  • Oct. 17, 1940, ch. 888
  • Pub. L. 108–189, § 1
  • 117 Stat. 2850
  • Pub. L. 111–275, title III, § 303(b)(6)
  • 124 Stat. 2878
  • act Oct. 17, 1940, ch. 888
  • Oct. 6, 1942, ch. 581, § 12
  • 56 Stat. 773
  • Pub. L. 108–189
  • Pub. L. 111–275
  • section 3 of Pub. L. 108–189
Citation graph
cites case law
§ 3957
Protection of life insurance policy
Stat. Comp.×2
ActOct. 17, 1940, ch. 888
Pub. L.Pub. L. 108–189, § 1
Stat.117 Stat. 2850
Pub. L.Pub. L. 111–275, title III, § 303(b)(6)
Stat.124 Stat. 2878
Cites 13 · showing 7Cited by 2 across 1 source
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