§490:9-405 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 subsections (b) through (d).
(b) Subsection (a) applies to the extent that:
(1) The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or
(2) The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under section 490:9-406(a).
(c) This section is subject to law other than this article which 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. [L 2000, c 241, pt of §1]
Section: Previous 490-9-340 490-9-341 490-9-342 490-9-401 490-9-402 490-9-403 490-9-404 490-9-405 490-9-406 490-9-407 490-9-408 490-9-409 490-9-501 490-9-502 490-9-503 NextLast modified: October 27, 2016