Mr. Anupam is the owner of the Commercial Building. He Insured that Building on 1st May, 2023. He sold that building to Mr. Kartik on 25th September, 2023. The fire took place on 21st January, 2024. As the Insurance Docu

CS Professional · Insurance - Law & Practice · PYQS · June 2024
Mr. Anupam is the owner of the Commercial Building. He Insured that Building on 1st May, 2023. He sold that building to Mr. Kartik on 25th September, 2023. The fire took place on 21st January, 2024. As the Insurance Documents are with Mr. Anupam and as the present owner of the Building Mr. Kartik, both Mr. Anupam and Mr. Kartik approached Insurance Company to Claim the Policy monies. Who will get the Policy Monies ? Discuss the Insurance Principle which is relevant to decide the Policy monies either to Mr. Anupam or Mr. Kartik

Answer & Explanation:

The relevant insurance principle that determines who will receive the policy monies is the principle of insurable interest. Insurable interest stipulates that the policyholder must have a legitimate financial interest in the insured property at the time of purchasing the insurance policy and at the time of the loss. Mr. Anupam no longer owned the building, as he sold it to Mr. Kartik on 25th September, 2023. Therefore, he no longer has insurable interest in the property at the time of the loss, as the fire took place on 21st January, 2024. Mr. Kartik did not own the building at the time the insurance policy was purchased. Therefore, he did not have insurable interest in the property when the policy was initiated. Mr. Kartik, in order to claim the monies from insurance company should endorse the policy in his favour after the building being bought by him and before the loss.

Topics: General Insurance Principles

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