Section 45.29.405. Modification of assigned contract.

   (a) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to (b) - (d) of this section.
   (b) The provisions of (a) of this section apply to the extent that the right to payment or the right to partial payment
        (1) under an assigned contract has not been fully earned by performance; or
        (2) has been fully earned by performance and the account debtor has not received notification of the assignment under AS 45.29.406(a).
   (c) This section is subject to law other than this chapter that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
   (d) This section does not apply to an assignment of a health care insurance receivable.

Notes

History

(Sec. 1 ch 113 SLA 2000)