Kapil purchased an automobile service station from Vimal. The purchase price included the costs of building, equipment and other assets. The business was financed by a loan taken by Kapil from a scheduled bank, which als
CS Professional · Insurance - Law and Practice · PYQS · December 2015
Kapil purchased an automobile service station from Vimal. The purchase price included the costs of building, equipment and other assets. The business was financed by a loan taken by Kapil from a scheduled bank, which also held a mortgage of the building. Kapil, after purchase, converted one of the car-repair bays into a quick-service restaurant. Kapil had secured an insurance cover on the property but did not disclose to the insurer about the conversion. Six months after the commencement of the business, a car undergoing servicing at the station caught fire and damaged the roof over a bay in the service station area. From the above information, answer the following questions with reasons in brief: Vimal told Kapil that in order to save money, Kapil could takeover Vimal's insurance cover instead of buying a new policy. Would it have been appropriate to do this, without Vimal's insurer being informed ?
Answer & Explanation:
No, Vimal cannot pass on the rights under the old insurance contract to Kapil without consulting that insurer and obtaining its consents. Insurance policy is a personal contract by nature, hence is non-transferrable. Kapil should apply for a policy and only then can benefit from it, after issuance of the same.
Topics: Property Insurance
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