Intro, formation and insurable interest Flashcards
What is an insurance contract?
A contract between an insurer/assurer and an insured/assured, whereby the insurer undertakes in return for the payment of a price or premium to render to the insured a sum of money, or its equivalent, on the happening of a specified uncertain event in which the insured has some interest.
Which case defines an insurance contract?
Lake v Reinsurance Corporation Ltd.
What is indemnity insurance?
Compensation for the exact extent of loss or patrimonial loss.
What are examples of indemnity insurance?
Fire, motor vehicle insurance, theft.
What is non-indemnity insurance?
Compensation for non-patrimonial loss.
What are examples of non-indemnity insurance?
Life and disability insurance.
What is insurance?
Policies protecting against patrimonial loss.
What is assurance?
Policies protecting against non-patrimonial loss.
What is microinsurance?
Policies with low premiums and low coverage. E.g. funeral insurance.
What is the requirement of specific agreement?
There must be agreement on:
1. Person/property insured against
2. Peril insured against
3. Amount recoverable
4. Amount of premium
5. Period of cover
6. Any other terms either party plans to place reliance on
Does failure to pay a premium negate the contract?
No, Lake NNO v Reinsurance Corporation Ltd.
What is temporary cover?
The period between the proposal and the insurance.
What is a cover note?
A temporary document issued by an insurance company that provides proof of insurance coverage until a final insurance policy can be issued.
How is temporary cover achieved?
Through a cover note.
Which case confirmed that granting a cover note does not constitute a guarantee of permanent cover being granted?
Bushby v Guardian Assurance.
If temporary cover is not for a fixed period, when does it cease?
Once the proposal is accepted.
Will temporary cover terminate if the proposal is rejected before the temporary cover elapses?
No.
Which case developed the objective test for insurable interest?
Littlejohn v Norwich Union Insurance Society.
What is the objective test for insurable interest?
- Does the insured stand to lsoe something of appreciable financial/personal value if the peril eventuates?
- Does the person benefit from the peril not occurring but suffer prejudice if it does?
What are types of insurable interest?
- Property owned
- Personal right
- Interest in an event or performance
- Moral obligation
- Employees actions
What are the facts of Lake NNO v Reinsurance?
Reinsurance Corp reinsured the liability of Parity which was being liquidated in respect of its motor vehicle insurance business.
What is the legal principle in Lake NNO v Reinsurance?
Logic and equity demand that the insured should pay or tender to pay the premium against payment by the insurer of the loss.
What is the holding in Lake NNO v Reinsurance?
There is no basis for saying that payment for the loss can be demanded without paying or tendering to pay the premium.
What did the court hold in Littlejohn v Norwich?
- An insurable interest is sui generis and does not depend either upon a real right or a right to a thing.
- If the insurer can show that he stands to lose something of an appreciable commercial value by the destruction of the thing insured, then even though he has neither a real right or right to a thing (right to a thing insured) his interest will be an insurable interest.
What are the facts of Steyn v Malmesbury?
Insured insured stacks which did not belong to him but increased the letting value of his property, said stack were destroyed by fire, issue was whether insured had an insurable interest.
What is the holding in Steyn v Malmesbury?
Where an applicant for insurance of property has such an interest in the property that he will derive a benefit from its preservation, but has not a proprietary interest in it, his correct course, if he is insuring his own interest only, is to insure his interests and not the corpus of the property.
What are the facts of Phillips v General Accident?
Wife handed over jewellery (diamond engagement ring)
to a palm-reader in the bona fide belief that he would return it.
What are the facts of Richards v Guardian Insurance?
Buildings insured were described as dwelling-house when they were actually brothels, buildings were destroyed by fire.
What is the rule in Richards v Guardian Insurance?
A person seeking insurance must observe the strictest good faith- disclosure.
What are the facts of Refrigerated Trucking v Zive?
Plaintiff was involved in a collision with a vehicle driven by deceased.
What did the court hold in Refrigerated Trucking v Zive?
- An insurable interest must be the economic interest of the insured
- Where the relationship between the person with the legal right in the property and the insured is such that the insured will be worse off, the court will recognise he has an insurable interest
- An insurable interest is an economic interest which relates to the risk which a person runs in respect of a thing which, if destroyed or damaged, will cause him to suffer an economic loss, or, in respect of an event which if it happens will cause him to suffer an economic loss.
- Owner of a motor vehicle has an insurable interest in the contingent liability of the drivers who drove the vehicle on his order or with his permission.1
What protective measures can an insurer take irt premiums?
1.Refuse to issue the policy until it has received the premium
2. Issue the policy subject to the condition that the contract will only come into effect once the premium has been paid
3. Include a clause in the policy to the effect that performance by the insurer is subject to prior payment of the premium.
What is a proposal form?
A form consisting of questions concerning the insured, the risk to be covered and the circumstances affecting the risk, which is designed to elicit sufficient information from the potential insured to enable the insurer to decide whether or not to grant the cover being sought.
When is an insurance contract complete?
When the proposal is accepted unconditionally.
What does the enforceability of an insurance contract depend on?
Whether the insured has an insurable interest.
What is the test for the existence of insurable interest?
Whether the insured will incur financial loss or fail to derive an anticipated financial benefit if the event insured against occurs.
