Chapter 4 Insurable interest Flashcards
Provide a definition of insurable interest
“the legal right to insure arising out a financial relationship recognised at law between the insured and the subject matter of insurance.”
What three elements are required for insurable interest to exist
Subject matter
Legal relationship
Financial value
What is the difference between the subject matter of insurance and the subject matter of the contract in household insurance?
The house is the subject matter of insurance
The house owner’s financial interest in the house is the subject matter of the contract
When must insurable interest exist in marine insurance?
At time of loss only
When must insurable interest exist in life insurance
Only at inception not at time of loss
When must insurable interest exist in property and other insurances
At inception and time of loss
Identify three ways insurable interest can be created
Common law e.g. ownership
Contract e.g. lease gives tenant responsibilities
Statute eg Repair of Benefices Building Measures Act (1972) requires upkeep of building
Who may have an insurable interest in property insurance?
Owners
Part or joint owners (for their share)
Agents
Bailees (who look after others property)
Tenants (who rent property)
In what does the insured have insurable interest in liability insurance?
Their potential liability to pay legal costs and damages