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Insurable Interest

Zade Pascual English

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Insurable Interest

  1. Concept:

    • required by law (reasons):
      • absence will result to Wager Policy - bet upon future event
      • deterrence to insured
        • insured will be more interested in destruction rather than preservation
      • measure the limit of recovery
      • insurance must not be means of profiting
    • interest to preserve the subject matter
    • GR: deemed to have insurable interest to insured if he will derived more benefits from preservation & suffer great loss from destruction
    • EXCEPT: Life insurance
      • not need be pecuniary
      • Grounds for insurable interest: business or by blood
  2. Types

    • Life Insurance
      • No insurable interest: prohibit to make donation = cannot be beneficiary (VOID)
        • adultery/concubinage
        • guilty of criminal offense
        • public officer & family
      • GR: extent of interest = UNLIMITED
      • Interest must exist when policy is effected
      • interest in life & death of:
        • himself, spouse, children
          • himself = can assign beneficiary even w/o interest
          • if other person securing policy & beneficiary = insurable interest required
        • any person who depends for support
        • any person under legal obligation, whose death/illness might delay performance
          • EXCEPTION: limited to the amt of debt
            • if debtor insured himself for the benefit of creditor: upon full payment, benefit will go to debtor's estate
            • if paid prior death, creditor can no longer recover
        • Any person whose life, any estate or interest vested in him depends
      • Interest of beneficiary = forfeited if he's the caused of death;
        • no beneficiary = proceeds will go to estate
    • Property Insurance - if they derived benefit from its existence or would suffer loss from destruction
      • consist in
        • Existing Interest
          • legal title (naked ownership) or equitable title (usufruct)
        • inchoate interest (future interest) founded on existing interest
          • e.g shareholder interest
        • expectancy, coupled with existing interest
          • e.g crops to grow on land owned by farmer
      • Extent of interest: Limited to actual value of property or loss
      • Interest exist: at time policy effected & peril happens
      • ALWAYS have insurable interest
      • Change of Interest in Property Insurance
        • GR: owner of policy & owner of insured property = different people = POLICY SUSPENDED (no right to recover)
          • Remedy: if new owner of property = owner of policy
        • EXCEPT (right to recover)
          • in life, accident, & health insurance
          • change occurs AFTER the peril
          • change in one or more (NOT ALL) properties covered by one policy
          • change by will or succession
          • transfer between partners, joint owners
          • policy is so framed
        • need consent of insurer to validly transfer
      • Void Stipulation
        • for payment of loss even if no insurable interest
        • policy shall be received as proof of interest
        • policy is to be executed as means of gaming
  3. Special Cases

    • Carriers & Depositories
      • interest in thing held by them
      • Extent: value of thing loss
    • Mortgaged Properties
      • Mortgagor
        • Extent: Full value of mortgaged property
      • Mortgagee
        • Extent: debt owed by mortgagor
      • Loss Payable Mortgage Clause
        • mortgagor secures insurance and designate mortgagee as beneficiary ; deemed interest of mortgagor

Information

Description
Mind Map on Insurable Interest, created by Zade Pascual on 23/11/2022.
Created by
Zade Pascual
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