Write brief notes on the following: Principles of Insurable Interest and Utmost Good Faith as applicable to Life and General insurance contracts.

CS Professional · Insurance - Law and Practice · PYQS · December 2019
Write brief notes on the following: Principles of Insurable Interest and Utmost Good Faith as applicable to Life and General insurance contracts.

Answer & Explanation:

Principles of Insurable Interest and Utmost Good Faith are both importantly applicable to Life and General insurance contracts. In the law of insurance, the insured must have an interest in the subject matter of his or her policy, or such policy will be void and unenforceable since it will be regarded as a form of gambling. An individual ordinarily has an insurable interest when he or she will obtain some type of financial benefit from the preservation of the subject matter, or will sustain pecuniary loss from its destruction or impairment when the risk insured against occurs. An insurable interest is an economic stake in an event for which an insurance policy is purchased to mitigate risk of loss. An insurable interest is a basic requirement for an insurance company to issue a policy. Entities not subject to financial loss from an event do not have an insurable interest and cannot purchase an insurance policy to cover that event. Insurable interest is what makes an insurance contract legal and valid, and protects against intentionally harmful acts. If there is no insurable interest, the contract becomes wagering (gambling) contract. All wagering contracts are illegal & therefore null & void. It should be noted that while in life insurance insurable interest is tested only at the time of inception of the contract, in a general insurance contract, it essentially represents the ownership of the asset and hence every year on the renewal of the policy, proof of insurable interest must be submitted to the insurer. Due to the nature of an insurance agreement, each party needs - and is legally entitled - to rely upon the representations and declarations of the other. Each party must have a reasonable expectation that the other party is not attempting to defraud, mislead, or conceal information and is indeed conducting themselves in good faith. In a contract of utmost good faith, each party has a duty to reveal all material information (that is information that would likely influence a party's decision to either enter into or decline the contract), and if any such data is not disclosed, the other party will usually have the right to void the agreement.

Topics: Insurance Principles

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