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This entry was published on 2014-09-22
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SECTION 316-A
Protection of assignor of life insurance policy; enforcement of storage liens
Military (MIL) CHAPTER 36, ARTICLE 13
§ 316-a. Protection of assignor of life insurance policy; enforcement
of storage liens. 1. Where any life insurance policy on the life of a
person in military service has been assigned prior to such person's
period of military service to secure the payment of any obligation of
such person, no assignee of such policy, except the insurer in
connection with a policy loan, shall, during the period of military
service of the insured or within one year thereafter, except upon the
consent in writing of the insured made during such period or when the
premiums thereon are due and unpaid or upon the death of the insured,
exercise any right or option by virtue of such assignment unless upon
leave of court granted upon an application made therefor by such
assignee. The court may thereupon refuse to grant such leave unless in
the opinion of the court the ability of the obligor to comply with the
terms of the obligation is not materially affected by reason of his or
her military service.

2. No person shall exercise any right to foreclose or enforce any lien
for storage of household goods, furniture, or personal effects of a
person in military service during such person's period of military
service and for three months thereafter except upon an order previously
granted by a court upon application therefor and a return thereto made
and approved by the court; provided, however, within thirty days of such
person's return from military service, he or she shall provide notice to
the individual or entity providing for the storage of his or her
household goods, furniture or personal effects. In such proceeding the
court may, after a hearing, in its discretion, on its own motion, and
shall, on application to it by such person in military service or some
person on his or her behalf, unless in the opinion of the court the
ability of the defendant to pay the storage charges due is not
materially affected by reason of his or her military service:

(a) stay the proceedings as provided in this article; or

(b) make such other disposition of the case as may be equitable to
conserve the interest of all parties.