An owner has an insurable interest in their house and can insure against the risk of fire damage. An insurance policy without an insurable interest is void. In a case involving car insurance, the insured still had an insurable interest in the car even though it was being used by another person, because that person had not yet fully paid for and taken ownership of the car. As the insured still had a duty over the car, the insurance company had to pay out for damages caused in an accident while the car was being used by that person.
An owner has an insurable interest in their house and can insure against the risk of fire damage. An insurance policy without an insurable interest is void. In a case involving car insurance, the insured still had an insurable interest in the car even though it was being used by another person, because that person had not yet fully paid for and taken ownership of the car. As the insured still had a duty over the car, the insurance company had to pay out for damages caused in an accident while the car was being used by that person.
An owner has an insurable interest in their house and can insure against the risk of fire damage. An insurance policy without an insurable interest is void. In a case involving car insurance, the insured still had an insurable interest in the car even though it was being used by another person, because that person had not yet fully paid for and taken ownership of the car. As the insured still had a duty over the car, the insurance company had to pay out for damages caused in an accident while the car was being used by that person.
Example: a owner of a house has insurable interest inhis
House. He may insure against loss of fire. The risk
Of getting the house burnt is the insurable interest. Policy without insurable interest is void- S152-in Cases of life insurance,the policy shall be void unless The person affecting the insurance has an insurable Interest in that life at the time the insurance was Effected.
Policy money shall not exceed amount of insurable
Interest. Principle of insurable interest discussed in Nanyang Insurance Co.Ltd v Salbiah & Anor Facts: An agreement was entered between one Abd Karim and the registered owner of the car(Lau Teck Siew). Karim was asked to make an initial payment of RM1,000 and orally agreed to pay by way of
installments. Car was lent to Abd Karim until
he paid up instalments and then an HP agreement would be entered into with a finance company. He met with an accident driving the car. Nanyang Insurance (on behalf of Lau Teck Siew) were ordered to pay damages. Issue: whether the insured (Lau Teck Siew) still Have insurable interest in the car?
Held:At the time of accident, the company intended
To retain the car until Abd Karim paid in full the Initial payment of RM1,000 and execute a hp Agreement with a finance company. But Karim Has not paid up yet so company (Nanyang on Behalf of Lau Teck Siew) still under duty to pay For the damages.
ii)UTMOST GOOD FAITH: Doctrine developed
thru marine insurance. Generally, parties not required to disclosed to each other all they know about the proposed contract. Insurance contract: failure to disclose can lead To rescission of contract