Collateral Assignment
A life insurance contract can be assigned to a lender as collateral for a commercial loan. Collateral life insurance can require a change to make the lender the beneficiary for the amount of the outstanding loan. The lender then has priority over
- any other assignee
- a revocable beneficiary
Most provincial Insurance Acts require that the insurer be notified of the assignment in writing.
Note: the insurer is not a party to the collateral assignment. Only the borrower (the policyowner) and the lender are bound by the terms.
[another source]
- when policy assigned to a financial institution as security for an investment loan
- which makes a portion of the life insurance premium tax deductible
- require a reasonable expectation of profit from investing the loan proceeds
- so can’t use for personal purposes, e.g., buying a boat
- the lender owns policy to the extent of the debt (in some ways controls the policy)
- e.g., if the outstanding loan is $87,000 and the death benefit is $100,000, the remaining $13,000 goes to other beneficiaries
- policyowner must keep coverage in force by paying premiums
- insurer usually required to inform lender if policyowner misses a premium payment
page revision: 4, last edited: 09 Dec 2007 03:02