absolute assignment examples

Absolute Assignment

What does absolute assignment mean.

Absolute assignment refers to a policyholder transferring his or her ownership of a policy to another party. That transfer means that all of the coverage within that policy will now go to the newly named party. The original owner of the policy does not have to state his or her reasons for doing so nor does he or she need to stipulate any conditions for the transfer.

Insuranceopedia Explains Absolute Assignment

There are a number of reasons why a policyholder transfers all of their rights to a policy to another person or entity. They might think of it as a gift to someone else. It could be the sole means of paying off a loan. Even if the insured has now given up their rights to all of the claims and privileges, they are still responsible for payments for the policy. The new owner might have been asked by the original owner to pay the insurer after the transfer is completed, but if the newly named party fails to do so, the negligence will not be blamed on that person but on the original policyholder.

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Understanding Life Insurance Assignments: Your Complete Guide

A life insurance assignment allows you to transfer the rights of your policy, either temporarily or permanently.

Learn how collateral and absolute assignments can be used for loan collateral, estate planning, and other financial purposes.

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What is a collateral assignment.

Collateral assignments are used to secure a lender’s financial interest in your policy in exchange for lending you money.

If you die, the collateral assignment allows the lender to collect your policy’s death benefit up to the amount of the outstanding loan balance.

How Do Collateral Assignments Work?

A typical scenario involves taking out a business loan .

The lender may require a life insurance policy as collateral.

The type of life insurance policy used, whether a term, whole life, or universal life doesn’t matter.

The insurance policy will pay off the balance if you die while the loan is outstanding.

One of the most common uses for collateral assignments is with SBA loans , especially if you do not have other assets to post as collateral.

The collateral assignment applies to the entire policy, including any life insurance rider benefits that may be included.

The Collateral Assignment Process: A Step-by-Step Guide

The process is similar whether you are adding the assignment to an existing policy or buying new coverage.

There are two parties to a collateral assignment.

• Assignor – Is the owner of the life insurance policy
• Assignee – Is the lender

Life insurance companies have standardized forms used for this purpose.

• The owner completes the form and sends it to the lender for review and signature.
• Once completed by the lender, the form is sent to the insurance company.
• The insurance company records the assignment and confirms to the owner and lender that it is complete.

This may all seem confusing if you haven’t used an assignment before, but the reality is that most life insurers make it pretty easy to complete.

Releasing a Collateral Assignment

When you pay off your loan, you have the right to have the collateral assignment released.

It’s a simple process :

• The policy owner completes the form and sends it to the lender.
• The lender signs off on the release. Many companies require a notary as a witness. The lender may return the form to the owner or the insurance company.
• Once completed and returned to the insurance company, the release is recorded, and all parties are notified.

Companies typically complete this process in about a week, and it’s a good idea to confirm everything with the home office to avoid potential issues.

Your agent can help with this.

What Happens to a Collateral Assignment if You Die?

How do collateral assignments work when you die?

Your beneficiary will file a death claim with the life insurer at some point.

Collateral Assignment Tip # 1

If your beneficiary is a loved one, it’s a good idea to let them know that your policy has a collateral assignment so they are not surprised when they file the claim.

Here’s an example of how a death claim with a collateral assignment works:

• Policy Face Amount = $5,000,000
• Beneficiary = Your Spouse
• Original Bank Loan = $200,000
• Outstanding Loan Balance at Death = $100,000

What happens next?

• Your beneficiary will file the death claim with the life insurance company.
• The life insurance company will review the claim and see a collateral assignment attached to your policy.
• The life insurer contacts the lender for an updated payoff figure.
• Payoff amounts are sent directly to the lender.
• Your beneficiary receives the balance of the policy death benefit .

For the above example, your lender would receive $100,000, and your beneficiary would receive the remaining $4,900,000.

Collateral Assignment Tip # 2

NEVER name your lender directly as a beneficiary. If you do, the lender will receive the entire death benefit, and your intended beneficiary will have to go through the lender to receive their share.

Collateral Assignments and Health Issues

While lenders may want a life insurance policy as collateral, obtaining life insurance can sometimes be difficult if the insured has substantial health issues .

If you have an existing life insurance policy in effect, you can use that for the assignment.

Another option that exists in some states is contingent coverage.

Contingent coverage is a one-year policy that you can renew.

The policy will exclude death from the known health issue but provide coverage for new health issues that develop or from accidental deaths .

Many lenders accept this coverage when it’s the only option available. And we’ve also seen lenders waive the collateral assignment requirement at times.

What is an Absolute Assignment?

An absolute assignment is a change of ownership of the policy.

When you want to permanently relinquish your rights to the life insurance policy, an absolute assignment is used.

Examples where absolute assignments are used include:

Life Insurance Settlements

1035 exchange, gifting life insurance to charities, irrevocable life insurance trusts (ilit), business insurance planning.

With this transaction, you are selling your life insurance policy to a third party.

If it is a term policy, you would convert a term policy to permanent insurance before it is sold. In some cases, a company will buy the term policy.

Another example may involve admitting seniors to a nursing home, where the nursing home may take over the policy you have.

A 1035 exchange is a tax-free transfer of cash value from universal life or whole life policy to another similar policy.

You can use absolute assignments to transfer your policy to your favorite charity.

You use absolute assignments to transfer your policy to an ILIT permanently.

An example would be a survivorship policy you and your spouse own that you are transferring to the trust.

Many other potential issues may arise with transfers to an ILIT that are beyond the scope of this article.

If you purchase key person life insurance on an employee, absolute assignments transfer ownership to the employee.

Many times, this happens if the employee leaves the company or retires.

You may have a policy permanently assigned to a nursing home or assisted living facility to help with long-term care expenses.

How Do Absolute Assignments Work?

Life insurance companies have forms used for Absolute Assignments.

Absolute assignment forms require:

• Current owner name, address, and tax ID information.
• New owner name, address, and tax ID information.
• Relationship to the proposed insured.
• Spousal consent in some states and situations.

The completed forms are submitted to the insurance company, recorded, and confirmations are sent to all parties.

Frequently Asked Questions About Life Insurance Assignments

You may have questions about your life insurance assignment and how it works.

The following are general guidelines, as each situation is uniquely different.

Can the collateral assignment change the beneficiary?

No, the collateral assignment does not change the beneficiary.

The life insurance assignment gives the lender the right to receive proceeds equal to their outstanding loan balance.

Can a business be a beneficiary in a collateral assignment of life insurance?

A business can be the beneficiary of a life insurance policy that is collaterally assigned.

Final Words

Life insurance assignments are common for absolute and collateral assignments.

What is most important is that you understand what is involved with this process.

That’s where we’ll help you make the best decision for your life insurance.

There is never any pressure or obligation with our life insurance service.

Please take a few minutes to submit your quote request today. Thank you.

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• Life Insurance Glossary
• Absolute Assignment

What is Absolute Assignment in Life Insurance?

<lingo>In life insurance, the term absolute assignment refers to the transfer of all interest, rights, and ownership of an asset — in this case, the life insurance policy. This decision is irrevocable, which means it cannot be changed once it is in place. It also applies both to the present and in the future. For those who are purchasing a life insurance policy, it is important to look for a clause like this in the details and to understand what it means to use absolute assignment. In short, all rights and ownership of the policy are being given to another person, specifically listed in the policy.</lingo>

Absolute Assignment Clearly and Briefly Explained

There are numerous reasons why you may wish to pursue an absolute assignment. For example, it may be used in the process of providing collateral for a loan to a lender. In addition to this, some may elect to use this when you wish to donate the proceeds from your life insurance policy to a charity or award them to a specific purpose after your death.

<twitter>In life insurance, the term absolute assignment refers to the transfer of all interest, rights, and ownership of an asset — in this case, the life insurance policy. </twitter>

One way to look at absolute assignment is that it allows you to transfer ownership — all ownership — to another party. When you make this transfer, you remain covered under the life insurance policy. However, the new owner of the policy has the right to make changes to it. For example, they can change the beneficiary of the policy. Most often, this will be done to change the beneficiary of the life insurance policy to the new owner’s name. In addition, the new owner now has the ability to make all decisions regarding the underlying assets within the investment. The only thing that the new owner cannot do is to eliminate the coverage of the plan.

When absolute assignment occurs, you continue to make payments on it. One common use of this is when you are taking out a loan and the bank is concerned about your age or health. They may require you to take out a life insurance policy and assign absolute assignment. This would help cover the value of the loan should you die while it is in place.

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Absolute Assignment of a Life Insurance Policy

Absolute Assignment means complete Transfer of Rights. The person who transfers the rights is called the Assignor and the person to whom the rights are being transferred is called the Assignee.

The process of transferring rights of a Life Insurance Policy is called Assignment. There are 2 types of Assignment.

• Absolute Assignment
• Conditional Assignment

Hence Absolute Assignment means completely transferring whole and sole rights of the policy from the Assignor to the Assignee without any further terms and conditions applicable.

The process of assignment is complete only when the original Policy Document has been endorsed or a fresh Policy Document has been issued in favour of the Assignee.

Let’s take an example:

Rahul owns a Life Insurance policy of value Rs 5 lakhs. He would like to gift it to his best friend Ajay.

Thus, in that case, he would like to perform Absolute Assignment of the policy in Ajay’s name such that the death or maturity proceeds are directly paid to him. Rahul’s family members or nominee does not have any right on the policy money.

After the assignment is executed, Ajay becomes the absolute owner of the policy. If he wishes, he may again transfer it to someone else for any other reason. This type of Assignment without any further clauses attached to it is called Absolute Assignment.

Example in real life of Absolute Assignment happens in case of an Insurance Policy being taken by the employer as a perquisite for the employee. Once the policy is purchased, it is transferred to the employee’s name under Absolute Assignment clause. Hence the employee becomes the owner of the policy, but the employer pays for it till the end. Thus, instead of paying the employee cash, they purchase an insurance policy in their name and add it to their Annual Income Package.

Deepak Yohannan is the Founder &amp; CEO of MyInsuranceClub. He enjoys writing on Personal Finance and focusses on explaining the basic concepts of insurance in simple language.

Understanding Absolute Assignment in Insurance: Key Benefits and Considerations

Absolute assignment is a crucial concept in the realm of insurance policies, offering significant control and benefits to the assignee. Understanding its intricacies can help policyholders and assignees make informed decisions, ensuring that their financial and insurance needs are met effectively. This article delves into what absolute assignment is, its benefits, and key considerations to keep in mind.

What is Absolute Assignment?

Absolute assignment refers to the transfer of all ownership rights of an insurance policy from the assignor (original policyholder) to the assignee (person to whom the policy is assigned). This transfer grants the assignee complete control over the policy and full rights to its benefits. Unlike other forms of assignment, absolute assignment is irrevocable and unconditional, meaning that the original policyholder relinquishes all claims to the policy once the assignment is made.

Key Characteristics of Absolute Assignment:

• Full Control and Benefits : The assignee gains complete authority over the policy, including the right to change beneficiaries, surrender the policy for its cash value, or even borrow against it.
• Irrevocable Transfer : Once the assignment is made, it cannot be undone by the original policyholder. This ensures the assignee’s full control and rights are protected.
• Unconditional : The transfer is not contingent on any conditions; it is an outright transfer of ownership.

Benefits of Absolute Assignment

Absolute assignment offers several advantages for both the assignor and assignee, particularly in financial planning and securing debts.

For the Assignor:

• Debt Security : When a policy is assigned to secure a debt, it assures the lender (assignee) that they have a guaranteed source of repayment. This can be particularly beneficial for large loans or mortgages.
• Simplified Estate Planning : Transferring a policy can simplify estate management by ensuring that the policy benefits go directly to the intended recipient without passing through probate.

For the Assignee:

• Full Policy Control : The assignee can make decisions regarding the policy, such as changing beneficiaries or taking out loans against the policy, providing flexibility and control over the financial asset.
• Guaranteed Benefits : The assignee receives all the policy benefits, including death benefits and cash surrender value, providing financial security and assurance.

Considerations and Risks

While absolute assignment provides clear benefits, it also comes with certain risks and considerations that both parties should be aware of.

• Loss of Rights : Once the policy is assigned, the original policyholder loses all rights and control over the policy, which can be a significant drawback if their financial situation changes.
• Tax Implications : Transferring ownership of an insurance policy can have tax consequences, and it’s advisable to consult a tax professional to understand the implications fully.
• Responsibility for Premiums : The assignee may become responsible for paying the policy premiums to keep it in force, which could be a financial burden.
• Legal Complexities : Ensuring that the assignment is legally binding and recognized by the insurance company requires careful documentation and, often, legal advice.

Practical Steps for Implementing Absolute Assignment

• Consultation : Before making an absolute assignment, both parties should consult with financial advisors or legal professionals to understand the full implications.
• Documentation : Proper documentation is crucial. The assignment should be in writing and clearly state that it is an absolute assignment. Both the assignor and assignee must sign the agreement.
• Notification : Notify the insurance company about the assignment. The insurer will typically require a copy of the assignment document and may have specific forms to complete.

Absolute assignment is a powerful tool in managing insurance policies and financial planning. By understanding its benefits and potential risks, both assignors and assignees can make informed decisions that enhance their financial security and control. Whether securing a debt or managing an estate, absolute assignment provides a clear path to transferring policy ownership and benefits, offering peace of mind and financial assurance.

By following the practical steps and considering the implications carefully, individuals can leverage absolute assignment to meet their unique financial goals effectively.

What Is an Absolute Assignment?

Absolute assignment is most often encountered in the insurance industry. It is the irrevocable transfer of all of your interests, rights and ownership regarding an insurance policy both in the present and in the future. One common use of an absolute assignment is during a life settlement on a life insurance policy where you sell your policy prior to your death.

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Parties to an Absolute Assignment

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There are several parties (people) involved in an absolute assignment of an insurance policy. It is important to understand the function of each party. The first party is the insured, the person who is covered under the insurance policy. If it is a life insurance policy this would be the person whose life is insured. The assignor is the person who currently owns the rights the policy is providing. The assignee is the person who will be receiving the rights.

Other Parties Involved

In addition to the people directly involved in the absolute assignment transaction, there are people who are tangentially involved. The first is the primary beneficiary. The primary beneficiary is the person who benefits if the policy pays off. In addition to the primary beneficiary there is often a secondary beneficiary who will receive the insurance proceeds if for some reason the primary beneficiary becomes ineligible. One of the primary rights that the assignee is looking to acquire is the right to choose the beneficiaries.

Why Assign Your Rights?

There are a variety of reasons why a person might want to assign his rights of ownership to an insurance policy. Business policies might be assigned if the business is sold. Life insurance policies might be assigned if a person is near death but needs the money to pay medical costs. Accident insurance policies might be assigned to cover the costs associated with the accident.

Why Absolute?

The term absolute means that once the rights are assigned you can't change your mind. Often when an life insurance policy is assigned the assignee might have to make several insurance payments before collecting on the policy. He certainly wouldn't agree to this if at some point in the future the original owner of the policy could change his mind and take the policy back. Therefore the policy transfer is absolute and can't be revoked.

Other Uses of Absolute Assignment

In addition to the insurance industry, absolute assignment is often used in the mortgage industry. Often in a commercial mortgage the lender will insist on an absolute assignment of rents clause in the mortgage contract. This means that if the lender has to foreclose on the property he not only gets the property but he also gets the rights to any rents the property is generating. This could be significant if the lender got the property but the former owner got to keep the rent.

What Is a Life Insurance Assignment?

More articles.

•   1. What Is the Collateral Assignment of a Life Insurance Policy?
•   2. What Is the Assignment of Insurance Benefits?
•   3. Absolute Assignment of Life Insurance Policies

Although the basic element of a life insurance policy is financial security protection in the event of a premature death, the variety of products available in the marketplace provides you with many financial planning options. A life insurance assignment is a document that allows you to transfer the ownership rights of your policy to a third party, transferring to that third party all rights of ownership under your policy, including the rights to make decisions regarding coverage, beneficiary and investment options. The two kinds of life insurance assignments are conditional and absolute.

Conditional Assignment

With a conditional assignment, although you transfer your life insurance policy’s ownership rights to another party, the assignment stipulates that if a certain specified event occurs, the assignment can be suspended or revoked in whole or in part. The event in question cannot be something that you can cause to happen. If you assigned your life insurance policy to a business partner, for example, with the explicit agreement that on the death of that business partner the assignment is revoked, that assignment is deemed conditional.

Absolute Assignment

When you make an absolute assignment, the rights, title and interest in the life insurance policy pass on to another party without the possibility of reversal. The assignment provides security to the assignee in that you can no longer make decisions regarding the policy that would jeopardize it, such as taking out a policy loan or withdrawing cash values.

Secured Loan

If you own a business, and you wish to take out a loan for your business, the lender may require you to purchase life insurance on your own life as security for the loan. Initially you make the request for the insurance. Once the policy is approved and issued, you make an assignment to the bank. The bank now controls the decisions and can make changes to the policy, including naming itself as beneficiary.

Collateral Loan

If you own a life insurance policy with cash values, you might wish to access those cash values to increase your income flow. Withdrawals from life insurance policy cash values can result in taxes due and might reduce your death benefit. An alternative is to assign the life insurance policy to a lender in exchange for a line of credit or regular loan payments. These loans are generally not taxable, and you can typically borrow up to a stated maximum percentage of the cash value. Since the policy is assigned to the bank, your failure to pay the premiums on the policy will cause the bank to call the loan, cancel the insurance policy and use the cash values as payment of the loan. If you maintain the policy in force until your death, the bank is generally the beneficiary of the tax-free policy proceeds up to and including the outstanding amount of the loan, with any remaining policy proceeds paid tax free to your named beneficiary.

• AXA Life: Know Your Insurance

Philippe Lanctot started writing for business trade publications in 1990. He has contributed copy for the "Canadian Insurance Journal" and has been the co-author of text for life insurance company marketing guides. He holds a Bachelor of Science in mathematics from the University of Montreal with a minor in English.

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• The Life Settlement Option

WHAT IS ABSOLUTE ASSIGNMENT?

Absolute Assignment is a legal instrument that allows the owner of a life insurance policy or other valuable assets to transfer all rights and ownership of the asset to a designated assignee. This transfer of ownership is comprehensive and unrestricted, giving the assignee complete control and authority over the asset. Unlike conditional assignment, which may have specific conditions attached, absolute assignment represents an unqualified transfer of ownership..

Absolute assignment can be used not only in the context of life insurance but also for transferring ownership of other valuable assets such as real estate and securities. It involves a meticulous adherence to legal requirements and procedural details to ensure the validity and legality of the ownership transfer. Seeking guidance from legal and financial experts is essential to ensure a smooth and legally sound execution of the absolute assignment process.

Exploring Life Settlements

When considering selling a life insurance policy, individuals have the option to engage in a life settlement, wherein the policy is sold to institutional buyers in the secondary market. This process involves applying to various licensed buyers who compete to offer the highest bid for the policy. An experienced life settlement broker can facilitate this auction-style bid process, ensuring that policy owners receive the best possible offer for their policies.

Welcome Funds: Your Life Settlement Partner

Welcome Funds is a nationally licensed life settlement broker that specializes in representing policy owners in the secondary market for life insurance. They engage in an auction bidding process to secure the highest offer from institutional buyers, providing professional representation and expert counsel throughout the sale of the life insurance policy.

Explore Your Options with a Life Settlement Qualification Process

To explore the eligibility of a life insurance policy for a potential life settlement, individuals can embark on a cost-free and commitment-free journey by engaging in the Life Settlement Qualification Process. This process includes a complimentary personal consultation & appraisal, during which confidentiality is safeguarded. Interested individuals can complete a Quick Life Settlement Qualifier online or call a toll-free number to connect with a dedicated client care advocate.

Overall, the combination of absolute assignment and the life settlement process provides individuals with a means to transfer ownership of valuable assets and explore options for selling their life insurance policies in a competitive market.

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Complete our quick Life Settlement Qualifier or call us toll-free at 877.227.4484 to speak with a client care advocate.

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LESSON 3: LIFE INSURANCE POLICIES, PROVISIONS, OPTIONS AND RIDERS

3.9.9 assignment provision - absolute and collateral.

Since the policyowner actually owns the policy, not the insurer, the owner has every right to give the policy away just like any other owned piece of property; the insurer's permission is not required. The transfer of ownership is referred to as assignment and the new owner is the assignee .

If the policy is transferred under an absolute assignment , the transfer is irrevocable and the assignee receives full control of the policy. As long as the beneficiary was not designated as an irrevocable, the assignee can even change the beneficiary without the beneficiary's permission.

If the policy is transferred as a means of establishing security on a debt, it is considered a collateral assignment . If the insured dies before the debt is repaid, the balance of the debt is paid to the creditor out of the policy proceeds. If there are any funds left once the debt has been satisfied, the rest of the proceeds go to the policy's beneficiary.

A policyowner has assigned a $10,000 policy to cover a $5,000 mortgage. How will the company pay the claim at the insured's death?

If an absolute assignment was made, the company will pay the entire proceeds to the assignee. If a collateral assignment was made, the company will usually make the check payable jointly to the assignee and the beneficiary. If a partial assignment was made, the unpaid mortgage balance will be paid to the assignee and the remainder will be paid to the beneficiary named in the policy.

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Absolute Assignment

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• To use the insurance policy as collateral for a loan, with the lender becoming the assignee .
• To gift the insurance policy to someone else, making the recipient the new policy owner.
• To change the policyholder due to the original policyholder's inability to maintain the policy.

How to Conduct an Absolute Assignment?

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Absolute Assignment stands for a complete transfer of all the rights of the policy from the assignor to the assignee without any further applicable conditions.

• 1 Features of absolute assignmen
• 2 Parties involved
• 3 Reasons for setting up policies
• 4 Policy approval process
• 6 Advantages of Absolute assignment
• 7 Limitations of Absolute assignment
• 8 Other approaches related to Absolute assignment
• 9 Footnotes
• 10 References

Features of absolute assignmen

Certain basic features of an absolute assignment can be listed:

• First of all, it does not require any special reasons for the assignment to take place.
• Secondly, there are no conditions that must be fulfilled.
• Thirdly, it can be performed in favour of any person or an private entity.

Every reason for the assignment is proper. Furthermore, the assignor is not entitled to any rights to the policy after assignment. Any rights and benefits from the policy may be exercised only by the assignee. The term of absolute assignment usually belongs to the insurance industry . It means an irrevocable transfer of all the owned interests, rights and ownership related to an insurance policy both in the present and future. One of the most common uses of absolute assignment is during life settlement concerning life insurance policy when a person sells his or her policy before their death [1] .

Parties involved

There are a few parties involved in the absolute assignment of an insurance policy. Each function of each party should be well understood. The first party means the insured , the person who is protected by the insurance policy. If we talk about life insurance policy, this person would be the one whose life is insured. The assignor , on the other hand, is the person who at the moment owns the rights the policy is anticipating. The assignee, in turn, is the person who will benefit from the rights. Additionally to the people directly involved in the transaction of an absolute assignment, there are persons who are involved in an indirect manner. First of all, it is the primary beneficiary . The primary beneficiary means the person who benefits from policy's paying off . Additionally to the primary beneficiary there can be also a secondary beneficiary who will benefit from the insurance if for any reason the primary beneficiary is not anymore entitled to the benefits. One of the primary rights to which the assignee is entitled is the right to choose beneficiaries [2] .

Reasons for setting up policies

There is a number of reasons why a person may wish to assign their ownership rights to an insurance policy.

• Business policies are sometimes assigned when the business is simply sold.
• Life insurance policies may be assigned when a person is close death but needs the fund to cover medical costs.
• Accident insurance policies may be assigned to pay up the costs related to the accident.

The term absolute is also very interesting. It means that once the rights are assigned, the decision concerning them cannot be changed. In other words, absolute Assignment means a full Transfer of Rights. The person transferring the rights is referred to as the Assignor, while the person to whom the rights are transferred is referred to as the Assignee. Thus, we can say that Absolute Assignment can be defined as a complete transfer of all and sole rights arising out of the policy from the Assignor to the benefit of the Assignee without any further applicable terms or conditions [3] .

Policy approval process

The assignment process is done when a genuine Policy Document is endorsed or a new Policy Document is issued to the benefit the Assignee. We can discuss it on a simple example:

• Your grandmother owns a life insurance policy of the value of PLN 5 000. She wishes to donate it, as a gift to you.

In that case, she would perform Absolute Assignment of the policy to your benefit, so that the death or maturity proceeds are paid directly to you. Other members of your and your grandmother's family or nominees do not have any right on the policy money . After the assignment is completed, you become the sole and absolute owner of the policy. Thus this kind of Assignment without any further clauses, which are attached to it is defined as the Absolute Assignment [4] .

Examples of Absolute Assignment in real life are numerous, especially in the event of an Insurance Policy, which is taken by an employer as a perquisite for an employee . Once the policy is obtained, it is transferred to the name of the employee on the basis of an Absolute Assignment clause . This way the employee becomes the policy owner, however, it is the employer who pays for it until the end. Hence, instead of receiving cash, the employee is being presented with an insurance policy in his or her name, which is added to their Annual Income Package.

Advantages of Absolute assignment

Absolute assignment of a life insurance policy offers several advantages for both assignors and assignees. These advantages include:

• The assignor is relieved from all responsibilities of the policy, including the payment of premiums.
• The assignee can now benefit from the policy, such as from its cash value, death benefits, dividend payments, or any other benefits provided by the policy.
• The assignee can also use the policy as collateral for loan.
• The assignee can also make any changes to the policy, such as changing the beneficiary, without the approval of the assignor.
• The assignee can also enjoy tax benefits associated with the policy.

Limitations of Absolute assignment

An absolute assignment is the complete transfer of all rights of a policy from the assignor to the assignee. However, there are some limitations to this transfer of rights:

• In some cases, a policy may have certain clauses which restrict the rights of the assignee, such as a clause which states that the policy must remain in the assignor's name.
• Absolute assignment may not be possible in certain states or provinces, as the laws governing insurance policies may vary.
• In some cases, the policy may be subject to certain conditions, such as the payment of premiums or the payment of a surrender value. These conditions must be met before the policy can be assigned.
• The assignee may not be able to make any changes to the policy, such as changing the beneficiary or the amount of coverage.
• The assignor may be liable for any unpaid premiums or other obligations associated with the policy, even after the policy has been assigned.
• The assignee may not be able to receive any benefits from the policy until the assignor has been fully compensated for any obligations associated with the policy.

Other approaches related to Absolute assignment

The following are other approaches related to absolute assignment:

• Reassignment : This approach involves the transfer of ownership rights from the assignor to the assignee with the agreement of the insurer.
• Subrogation : This approach involves the transfer of ownership rights from the assignee to the assignor without the agreement of the insurer.
• Collateral Assignment : This approach involves the transfer of ownership rights from the assignor to the assignee but with the agreement of the insurer.
• Endorsement Assignment : This approach involves the transfer of ownership rights from the assignor to the assignee with the agreement of the insurer but with certain restrictions.

All of these approaches involve the transfer of ownership rights from the assignor to the assignee, but with different conditions and agreements with the insurer. In summary, absolute assignment is a complete transfer of all rights of the policy from the assignor to the assignee without any further applicable conditions.

• ↑ Jerry II, R.H., Richmond, D.S. (2012). Understanding Insurance Law .
• ↑ Jerry II, R.H., Richmond, D.S. (2012). Understanding Insurance Law
• ↑ Malloy R.P. (2015)., Emanuel Law Outlines for Real Estate]
• ↑ Sandeen S.K. (2007)., Intellectual Property Deskbook for the Business Lawyer: A Transactions-based Guide to Intellectual Property Law

• Jerry II, R.H., Richmond, D.S. (2012). Understanding Insurance Law . LexisNexis.
• Malloy R.P. (2015)., Emanuel Law Outlines for Real Estate , Wolters Kluwer Law & Business
• Sandeen S.K. (2007)., Intellectual Property Deskbook for the Business Lawyer: A Transactions-based Guide to Intellectual Property Law , American Bar Association

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Collateral Assignment of Life Insurance

Collateral assignment of life insurance means using a policy as collateral for a loan. If the borrower dies before paying it back, the lender can take the unpaid amount from the insurance payout upon the borrower’s death.

In this guide, you’ll learn how collateral assignments work, why they’re used, and the pros and cons of using life insurance as collateral.

Table of Contents

What Is Collateral Assignment?

• Policy Options for Collateral Assignment

How to Use Life Insurance as Collateral for a Loan

• Life Insurance as Collateral: Pros & Cons
• Alternatives to Life Insurance

Did you know you can use  life insurance to secure an SBA loan for your growing business? Get started today.

Valuable assets (like a home or vehicle) typically serve as collateral for a mortgage or an auto loan. If you default on payments, the lender can repossess it to recover their money.

Lenders require reassurance for loans that aren’t directly tied to a physical asset. You can use a life insurance policy as loan collateral in these cases.

As owner of the life insurance policy , you collaterally assign it to the lender, which means:

• If you die before the loan is repaid, the death benefit covers your remaining loan balance
• Any remaining proceeds go to your named beneficiaries

Collateral vs Absolute Assignment of Life Insurance

There are two types of assignment for life insurance: collateral and absolute.

Collateral assignment of life insurance : You control the policy. It’s commonly used to secure a small business loan.

Absolute assignment : You transfer all policy rights to the assignee. It’s often used when a policy owner sells it to a third party for an immediate cash benefit.

Similarities between collateral and absolute assignment:

• Both involve the transfer of rights under a policy.
• Both require the consent of the insurance company.
• Both can be used as a means of managing financial risks or responsibilities.

Differences between collateral and absolute assignment:

Collateral assignment:

• Used to secure a loan or other financial obligation.
• The policy owner maintains ownership and control over the asset, except for the rights assigned as collateral.
• The lender (assignee) only has rights to the asset in the event of death or, in some cases, default.
• The assignment is temporary and removed when the loan is repaid.

Absolute assignment:

• The policy is fully transferred to a new owner.
• The original owner gives up all rights and control over the policy, including the right to name beneficiaries and access cash value.
• The new owner can manage the policy however they see fit, including selling it, borrowing against it, or changing its terms.
• The assignment is permanent; the original owner can’t reclaim rights to the policy without the new owner’s consent.

Life Insurance Assignee vs Beneficiary

A life insurance assignee is a person or entity to whom a policy’s rights have been transferred.

A beneficiary is a person, trust, or entity designated by a policy owner to receive the death benefit when the insured person dies.

Whether used for collateral assignment or not, your policy needs designated beneficiaries .

Here’s why:

• The lender only has a legal claim to the death benefit if you die before the loan is paid.
• If you pass away, the lender gets their payment, and the rest goes to your beneficiaries.
• If you repay the loan in full and die, the lender receives nothing, and your beneficiaries receive the full benefit.

Life Insurance Policy Options for Collateral Assignment

Using life insurance for collateral assignment when applying for loans is a common practice that almost every life insurance company and lender is equipped to handle.

Examples of when life insurance can be collaterally assigned include:

• Personal loans
• Business loans

There are two types of life insurance—term life insurance and permanent life insurance—and both kinds can be used for collateral assignment.

Term Life Insurance

Lenders typically accept term life insurance as collateral, provided that the policy aligns with the size and duration of the loan.

Coverage and term length must equal the loan’s terms– or exceed them.

For example, if you’re securing a 20-year loan, you would need a term life insurance policy that spans 20 years.

If you pass away before repayment, the insurance company pays the outstanding loan balance to the lender from your policy’s death benefit first. Any remaining amount after the loan is fully paid would then be distributed to the beneficiaries you have named on your policy.

If you repay the loan before passing, the collateral assignment ends, and the total death benefit amount is reserved for your beneficiaries.

Permanent Life Insurance

Lenders often find permanent life insurance policies appealing as collateral due to their unique cash value component.

Life insurance with cash value provides an added level of reassurance to the lender, ensuring the cash value will offset the loan if the borrower defaults. 

However, even though the policy’s worth grows over time, the death benefit must cover the entire loan.

If you pass away before the loan is repaid, the company would first pay the loan balance from your policy’s death benefit to the lender.

Any remaining proceeds from the death benefit would then be distributed to the beneficiaries named on your policy.

Learn more about the differences between term and permanent life insurance .

See what you’d pay for life insurance

If you’re looking to secure a loan with life insurance, you can buy a policy to do so or collaterally assign a policy you already own.

Collateral Assignment of a Life Insurance Policy You Already Own

To collaterally assign an existing policy, you and your lender must fill out a short form confirming the details.

You or your agent can request this form directly from the life insurance company.

Once the completed forms are back in the insurance company’s possession, they will review them and send confirmation in a few weeks.

• If you already own a life insurance policy worth enough to cover the loan, you can usually use it as collateral.
• If you currently have term life insurance, the remaining years on your term must be longer than the loan’s term.

Collateral Assignment of a New Life Insurance Policy

Buying a new life insurance policy for collateral assignment is similar to that of any other purpose for life insurance.

• Step 1: Determine the amount of life insurance coverage you need . While the coverage should be sufficient to cover the loan, you may consider additional obligations like income replacement for your family, mortgage payments, and more.
• Step 2: Apply for a life insurance policy as you would normally. List your chosen beneficiaries, such as your spouse, adult child, etc. At this stage, there’s no need to list the lender as a beneficiary.
• Step 3: Activate your policy. Then, request a collateral assignment form from your agent or insurer directly.
• Step 4: Complete the form and return it to the insurance company. After processing, the insurer acknowledges the collateral assignment. Then the lender obtains rights to the death benefit, up to the amount owed on the loan, if you die before the loan is repaid. Any remaining death benefit would be distributed to the other named beneficiaries.
• Step 5: While collateral assignment is active, policy control may be limited. The specifics of what actions are permissible can vary, so reviewing the terms of the loan and collateral assignment agreement is essential.
• Step 6: Collateral assignment terminates when the loan is paid. Your full ownership rights are then restored.

Explore the various ways business owners use life insurance to protect their business and their loved ones. 

Life Insurance as Collateral: Pros and Cons

Overall, using life insurance as collateral can be a sound and effective strategy for obtaining a loan, provided that it aligns with your financial circumstances and goals.

Collateral assignment impacts your control and financial protection for beneficiaries positively and negatively.

• Access to loans
• Loan approval
• Protection for beneficiaries
• Limited policy control
• Risk to beneficiaries
• Additional costs
• Policy loss

Alternatives to Collateral Assignment

Collateral assignment isn’t the only way to secure a loan. Knowing alternatives can help you decide what best aligns with your financial circumstances and goals.

Some examples include:

• Cash value: If you already own a permanent life insurance policy with accumulated cash value, you can borrow against this amount through policy loans .
• Unsecured loans: These do not require collateral and are primarily based on your creditworthiness. They often come with higher interest rates.
• Secured loans: These are backed by collateral that isn’t life insurance, like investments, savings accounts, or valuable property. If you default on a secured loan, the lender seizes the collateral.
• Home Equity Line of Credit (HELOC): This uses your home as collateral if you’ve built enough equity.
• Credit cards: Interest rates are higher than other loans, but credit cards can be used in a pinch.
• Grants or government programs: Grants or government programs might be available to provide funds with attractive terms.

Compare Life Insurance Quotes and Apply Today

The primary purpose of life insurance is to provide financial protection to those who depend on you. But life insurance has other uses as well, such as collateral assignment.

If you don’t yet have life insurance, start by getting quotes . Here at Quotacy, you can see quotes instantly without giving away any contact information. Compare policies from multiple top-rated insurers and apply with confidence.

The online application only takes a few minutes. When you submit yours, you’re assigned a dedicated life insurance agent who advocates for you. Your agent ensures you get the best possible rate and provides unbiased advice.

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What Is a Collateral Assignment of Life Insurance?

Charlene Rhinehart is a CPA , CFE, chair of an Illinois CPA Society committee, and has a degree in accounting and finance from DePaul University.

A collateral assignment of life insurance is a conditional assignment appointing a lender as an assignee of a policy. Essentially, the lender has a claim to some or all of the death benefit until the loan is repaid. The death benefit is used as collateral for a loan.

The advantage to using a collateral assignee over naming the lender as a beneficiary is that you can specify that the lender is only entitled to a certain amount, namely the amount of the outstanding loan. That would allow your beneficiaries still be entitled to any remaining death benefit.

Lenders commonly require that life insurance serve as collateral for a business loan to guarantee repayment if the borrower dies or defaults. They may even require you to get a life insurance policy to be approved for a business loan.

Key Takeaways

• The borrower of a business loan using life insurance as collateral must be the policy owner, who may or may not be the insured.
• The collateral assignment helps you avoid naming a lender as a beneficiary.
• The collateral assignment may be against all or part of the policy's value.
• If any amount of the death benefit remains after the lender is paid, it is distributed to beneficiaries.
• Once the loan is fully repaid, the life insurance policy is no longer used as collateral.

How a Collateral Assignment of Life Insurance Works

Collateral assignments make sure the lender gets paid only what they are due. The borrower must be the owner of the policy, but they do not have to be the insured person. And the policy must remain current for the life of the loan, with the policy owner continuing to pay all premiums . You can use either term or whole life insurance policy as collateral, but the death benefit must meet the lender's terms.

A permanent life insurance policy with a cash value allows the lender access to the cash value to use as loan payment if the borrower defaults. Many lenders don't accept term life insurance policies as collateral because they do not accumulate cash value.

Alternately, the policy owner's access to the cash value is restricted to protect the collateral. If the loan is repaid before the borrower's death, the assignment is removed, and the lender is no longer the beneficiary of the death benefit.

Insurance companies must be notified of the collateral assignment of a policy. However, other than their obligation to meet the terms of the contract, they are not involved in the agreement.

Example of Collateral Assignment of Life Insurance

For example, say you have a business plan for a floral shop and need a $50,000 loan to get started. When you apply for the loan, the bank says you must have collateral in the form of a life insurance policy to back it up. You have a whole life insurance policy with a cash value of $65,000 and a death benefit of $300,000, which the bank accepts as collateral.

So, you then designate the bank as the policy's assignee until you repay the $50,000 loan. That way, the bank can ensure it will be repaid the funds it lent you, even if you died. In this case, because the cash value and death benefit is more than what you owe the lender, your beneficiaries would still inherit money.

Alternatives to Collateral Assignment of Life Insurance

Using a collateral assignment to secure a business loan can help you access the funds you need to start or grow your business. However, you would be at risk of losing your life insurance policy if you defaulted on the loan, meaning your beneficiaries may not receive the money you'd planned for them to inherit.

Consult with a financial advisor to discuss whether a collateral assignment or one of these alternatives may be most appropriate for your financial situation.

Life insurance loan (policy loan) : If you already have a life insurance policy with a cash value, you can likely borrow against it. Policy loans are not taxed and have less stringent requirements such as no credit or income checks. However, this option would not work if you do not already have a permanent life insurance policy because the cash value component takes time to build.

Surrendering your policy : You can also surrender your policy to access any cash value you've built up. However, your beneficiaries would no longer receive a death benefit.

Other loan types : Finally, you can apply for other loans, such as a personal loan, that do not require life insurance as collateral. You could use loans that rely on other types of collateral, such as a home equity loan that uses your home equity.

What Are the Benefits of Collateral Assignment of Life Insurance?

A collateral assignment of a life insurance policy may be required if you need a business loan. Lenders typically require life insurance as collateral for business loans because they guarantee repayment if the borrower dies. A policy with cash value can guarantee repayment if the borrower defaults.

What Kind of Life Insurance Can Be Used for Collateral?

You can typically use any type of life insurance policy as collateral for a business loan, depending on the lender's requirements. A permanent life insurance policy with a cash value allows the lender a source of funds to use if the borrower defaults. Some lenders may not accept term life insurance policies, which have no cash value. The lender will typically require the death benefit be a certain amount, depending on your loan size.

Is Collateral Assignment of Life Insurance Irrevocable?

A collateral assignment of life insurance is irrevocable. So, the policyholder may not use the cash value of a life insurance policy dedicated toward collateral for a loan until that loan has been repaid.

What is the Difference Between an Assignment and a Collateral Assignment?

With an absolute assignment , the entire ownership of the policy would be transferred to the assignee, or the lender. Then, the lender would be entitled to the full death benefit. With a collateral assignment, the lender is only entitled to the balance of the outstanding loan.

The Bottom Line

If you are applying for life insurance to secure your own business loan, remember you do not need to make the lender the beneficiary. Instead you can use a collateral assignment. Consult a financial advisor or insurance broker who can walk you through the process and explain its pros and cons as they apply to your situation.

Progressive. " Collateral Assignment of Life Insurance ."

Fidelity Life. " What Is a Collateral Assignment of a Life Insurance Policy? "

Kansas Legislative Research Department. " Collateral Assignment of Life Insurance Proceeds ."

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