Article by Colessportsworld
Insurable interest is the general principle of insurance without which it cannot lawfully be enforced for an insurance unsupported by it would be a gambling transaction.
In the case of fire insurance, as in other contracts, the person must have an insurable interest in the subject of it. The liability in fire insurance must be present at the time of contract and at the time of loss. Insurance contract will be invalid if the property is sold to another party. Similarly if there is no liability at the time of contract, the contract will be invalid.
Conditions to be fulfilled to constitute a liability :-
(i) There should be a physical object capable of being damaged or destroyed by fire.
(ii) The object must be the subject matter of insurance.
(iii) The insured must stand in such relationship as recognized by law where the insured is benefited by the safety of the subject-matter or be prejudiced by its loss. The fire insurance is a personal contract between the insured and the insurer. So, the transfer of interest would invalidate the contract. (i) The owner of the property or asset whether fixed or current has as responsibility whether he is the legal owner or the equitable owner. The owner may be a single or joint holder.
(ii) An agent has responsibility in the property of his principal.
(iii) A partner has an equitable interest in the firm’s property.
(iv) A creditor has an insurable interest in property on which he has a lien for the debt.
(v) A bailee can insure any article or property bailed. He may be a gratuitous bailee or bailee for reward.
(vi) A trustee has insurable interest in the property put on trusteeship.
(vii) An insurer has it in respect of risks underwritten by him for the purpose of reinsurance.
(viii) Where the subject-matter is mortgaged, the mortgagor has an insurable interest in the full value thereof and the mortgagee has an insurable interest in respect of any sum due to become due under the mortgage.Interpretation of Indemnity. Now, the insurance is extended to cover not only the material loss of property insured but also to cover the consequential loss. When a business property is burnt, not only the material loss on account of the destruction of building, plant and stock are covered but the consequential loss of profits on account of cessation of sales, salaries, taxes, rent, rates etc., are also indemnified. Nowadays tangible and intangible losses are insured and the consequential loss is also within the meaning of indemnity.
Conservative justices on Tuesday sharply questioned whether the government can force Americans to carry health insurance, wondering if Congress might next force people to buy broccoli. (March 27) Subscribe to the Associated Press: bit.ly Download AP Mobile: www.ap.org Associated Press on Facebook: apne.ws Associated Press on Twitter: apne.ws Associated Press on Google+: bit.ly
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