The concept of Insurable Interest was first recognized in the case of ________ in what year?
Castellian v/s Priston in 1883
Explain insurable interest?
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
Who won the legal case that led to the establishment of insurable interest?
Castellian
The legal case that led to the establishment of insurable interest was between?
The landlord and tenant
What are the ways with with insurable interest is created?
a) by ownership
b)by law
c)by statue
d) by personal relationship
e) by contract
What are the three purposes of the insurable interest requirement?
Others asides the owners that have insurable interest
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
How does a creditor have insurable interest?
He has insurable interest in the life of the debtor I.e if the debtor dies, he will suffer a financial loss
In Life Insurance, insurable interest must exist when?
At the time of inception I.e at the time of issue
In Marine insurance, insurable interest must exist when?
At the time of claim
In property insurance, insurance interest must exist when?
At the time of inception and time of claim
Time of inception means?
The time the policy is issued
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?
salary of the employee
Contribution level of that employee
Limited to the equity contribution of the partner
To assign a policy means
To transfer the ownership from one person to another
Assignment of a policy can take place without the consent of the insurer. True or false?
False
What is assignment of policy?
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
Novation occurs when there is a merger and acquisition involving the insured party. True or false?
True
What insurance policy does not involve the consent of the insurer in assignment?
Marine Cargo Policy
The only excellent as to when a child has insurable insurable interest in his parents is when____?
When the parents are supporting the child
Stated in Isimoya’s text book, what case emphasizes the insurance concept Insurable Interest
Dalby V India and London life insurance Co
The Dalby V India and London life insurance co Case was between
The Duke of Cambridge and plaintiff
If the loss payment cannot exceed the amount of one’s insurable interest, what insurance principle is supported? and explain
Indemnity as the aim of insurance is to provide protection against financial lose and overcompensation of the loss would violate the principle
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?
No
The creditors insurable interest is limited to what?
The loan given to the debtor