Insurable Interest Flashcards

1
Q

The concept of Insurable Interest was first recognized in the case of ________ in what year?

A

Castellian v/s Priston in 1883

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2
Q

Explain insurable interest?

A

It is a legal concept that requires an insured person to have financial interest in the subject matter of insurance I.e the person would stand to suffer a financial loss if the insured property gets damaged or destroyed

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3
Q

Who won the legal case that led to the establishment of insurable interest?

A

Castellian

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4
Q

The legal case that led to the establishment of insurable interest was between?

A

The landlord and tenant

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5
Q

What are the ways with with insurable interest is created?

A

a) by ownership
b)by law
c)by statue
d) by personal relationship
e) by contract

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6
Q

What are the three purposes of the insurable interest requirement?

A
  1. To prevent gambling
  2. To reduce moral hazard
  3. To measure the amount of loss in property insurance
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7
Q

Others asides the owners that have insurable interest

A

Trustees (legally responsible for someone else’s property), Bailees (legally responsible for the goods of another person), husband and wife, creditors, agents, Mortgager and mortgagee

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8
Q

How does a creditor have insurable interest?

A

He has insurable interest in the life of the debtor I.e if the debtor dies, he will suffer a financial loss

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9
Q

In Life Insurance, insurable interest must exist when?

A

At the time of inception I.e at the time of issue

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10
Q

In Marine insurance, insurable interest must exist when?

A

At the time of claim

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11
Q

In property insurance, insurance interest must exist when?

A

At the time of inception and time of claim

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12
Q

Time of inception means?

A

The time the policy is issued

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13
Q

Insurable interest of an employer in the life of an employee cannot be easily measured, but can be measured based on ?
and in the case where it’s a key employee?
and in the case where it’s a partner?

A

salary of the employee
Contribution level of that employee
Limited to the equity contribution of the partner

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14
Q

To assign a policy means

A

To transfer the ownership from one person to another

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15
Q

Assignment of a policy can take place without the consent of the insurer. True or false?

A

False

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16
Q

What is assignment of policy?

A

It refers to the process where an original insurance contract is terminated and replaced with a new contract that reflects a change in ownership and control

17
Q

Novation occurs when there is a merger and acquisition involving the insured party. True or false?

A

True

18
Q

What insurance policy does not involve the consent of the insurer in assignment?

A

Marine Cargo Policy

19
Q

The only excellent as to when a child has insurable insurable interest in his parents is when____?

A

When the parents are supporting the child

20
Q

Stated in Isimoya’s text book, what case emphasizes the insurance concept Insurable Interest

A

Dalby V India and London life insurance Co

21
Q

The Dalby V India and London life insurance co Case was between

A

The Duke of Cambridge and plaintiff

22
Q

If the loss payment cannot exceed the amount of one’s insurable interest, what insurance principle is supported? and explain

A

Indemnity as the aim of insurance is to provide protection against financial lose and overcompensation of the loss would violate the principle

23
Q

Is the beneficiary required to have an insurable interest, either at the inception of the policy or time of death, when you purchase life insurance on your own life?

A

No

24
Q

The creditors insurable interest is limited to what?

A

The loan given to the debtor

25
Q

What distinct feature differentiates the insurable interest on liability insurance from the insurable interest in life and property insurance

A

The extent of insurable interest.
In liability insurance, it cannot be determined.
In life and property insurance, it can be determined by the degree of financial loss that would be incurred in the case of damage or loss

26
Q

in the case of motor Insurance where a driver found guilty of an offence which is involved in an accident does not receive the claim for damage to his own car and also liability incurred due to damage to another’s property but he shall be insured for the amount of penalty that was imposed for his offense. True or false?

A

False

27
Q

What is underwriting?

A

Process of evaluating analyzing the risk involved in insuring a person, property or event and determining the right premium to charge

28
Q

What is the condition for assigning an insurance policy?

A

Underwriting condition

29
Q

When are marine cargo insurance policies assigned?

A

When goods are in transit, as the goods being insured are often in transit for a long period and can be subject to variety of risks such as theft, damage etc

30
Q

What is novation?

A

The process where the insurer gives consent on the assignment of a policy

31
Q

Can you take insurance policy of Red Fort situated at Delhi?

A

No, as I have no insurable interest in it I.e if it gets damaged, I will not suffer a financial loss