What are the conditions precedent to and subsequent to a fire insurance contract? Discuss.

CS Professional · Insurance - Law and Practice · PYQS · June 2016
What are the conditions precedent to and subsequent to a fire insurance contract? Discuss.

Answer & Explanation:

Conditions are terms which prescribe the limitations under which an insurance policy is granted and which specify the duties of the assured. They can be either conditions precedent or subsequent. Conditions precedent are those, which are essential for the creation of a valid contract, the non-satisfaction of which makes the contract void ab initio. The Conditions precedents to a Fire Insurance Contract are:- Offer Acceptance Lawful Consideration Consensus ad idem - (Mutual Consent) Competency to Contract Lawful object Agreement Conditions subsequent relate to the continuance of a valid contract, the non-fulfilment of which leads to the avoidance of the contract from the date of the breach. They can be further classified into express conditions and implied conditions. Express conditions which are expressly provided in the contract. Implied conditions are those, which are implied by law to apply to every contract of insurance irrespective of any specific inclusion or reference to them such as insurable interest, good faith etc. A condition, which seeks to reduce or curtail the period of limitation and prescribes a shorter period than that prescribed by law is void. However, the insured is absolved once it is shown that he has done everything in his power to keep, honour and fulfil the promise and he himself is not guilty of a deliberate breach. An insurer cannot take recourse to a condition, which has not been mentioned in the policy to reduce his liability. However, an insurance policy may not curtail the right but may merely provide for forfeiture. The Conditions subsequent to the Contract in Fire Insurance Would be:- Utmost good Faith Insurable Interest Strict indemnity Subrogation Contribution Proximate Cause

Topics: Fire Insurance

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