Podcast
Questions and Answers
What is a stockholder's interest in a corporation's property based on?
What is a stockholder's interest in a corporation's property based on?
How is insurable interest in property different from insurable interest in life?
How is insurable interest in property different from insurable interest in life?
What insurable interest does a mortgagor have on mortgaged property?
What insurable interest does a mortgagor have on mortgaged property?
Which statement regarding the mortgagee's insurable interest is true?
Which statement regarding the mortgagee's insurable interest is true?
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What happens under a loss payable mortgage clause when the mortgagee is designated as the beneficiary?
What happens under a loss payable mortgage clause when the mortgagee is designated as the beneficiary?
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In terms of beneficiaries, which statement is true for life insurance policies?
In terms of beneficiaries, which statement is true for life insurance policies?
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Under what condition does a third party must have insurable interest when taking out life insurance?
Under what condition does a third party must have insurable interest when taking out life insurance?
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What is required for a valid insurance assignment regarding property?
What is required for a valid insurance assignment regarding property?
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Which of the following does NOT suspend the insurance despite a change of interest?
Which of the following does NOT suspend the insurance despite a change of interest?
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In a consensual contract of insurance, what primarily leads to its perfection?
In a consensual contract of insurance, what primarily leads to its perfection?
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If a policy includes a prohibition against alienation, what is the consequence of alienation?
If a policy includes a prohibition against alienation, what is the consequence of alienation?
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Which situation allows a change of interest in insured property without suspending insurance?
Which situation allows a change of interest in insured property without suspending insurance?
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What happens if an insurance application is submitted but not approved?
What happens if an insurance application is submitted but not approved?
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What characterizes premiums in a contract of insurance?
What characterizes premiums in a contract of insurance?
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What can lead to the suspension of insurance when a change in interest occurs?
What can lead to the suspension of insurance when a change in interest occurs?
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Study Notes
Insurable Interest
- Property: Limited to the actual value of the interest. Insurable interest must exist when the insurance takes effect and when the loss occurs, but need not exist in between.
- Life: Unlimited (except in creditor-issued life insurance). Insurable interest exists at the time the policy takes effect and need not exist at the time of loss. No requirement for a legal basis for expectation of benefit.
- Mortgagor: Holds insurable interest to the full value of the property, even if the mortgage equals that value.
- Mortgagee: Holds insurable interest up to the amount of the secured debt; this interest continues until the debt is paid.
- Loss Payable Clause: Mortgagor secures insurance and names mortgagee as beneficiary. Insurance covers the mortgagor's interest, and prior acts by mortgagor impacting the insurance can still affect the mortgagee. The mortgagee can perform acts required of the mortgagor.
Beneficiary and Assignee
- Property: Must have insurable interest.
- Life: If taken out by the insured, any beneficiary can be named, even without insurable interest. If taken out by a third party, the beneficiary must have insurable interest.
- Assignee: Must have insurable interest. Assignment must have insurer consent.
Change of Interest in Insured Property
- General Rule: A change in insured property ownership suspends insurance until both interests (property and insurance) vest in the same person.
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Exceptions:
- Change after the loss occurs.
- Change in one or more of several distinct things insured separately.
- Change via will or succession after death.
- Transfer from one partner/joint owner to others, if jointly insured.
- Policies crafted to benefit owners after an insured's interest is transferred.
- Prohibition on Alienation: If a policy specifically prohibits it, a transfer voids the contract.
Consent and Perfection
- Consent: Insurer consent usually needed for changes, since they consider the insured's qualifications. Necessary only for property transfers.
- Perfection: A contract forms when the insured and insurer agree. An application alone does not constitute a binding contract without approval.
Premiums
- Premiums are the consideration for the insurer's risk undertaking.
- A binding insurance contract generally requires premium payment.
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Description
This quiz delves into the essential concepts of insurable interest, including the distinctions between property and life insurance. It also explores the roles of mortgagors and mortgagees, as well as the implications of loss payable clauses. Test your understanding of these crucial insurance principles.