See the full video at https://rumble.com/vod606-insurable-interest-and-first-party-property-insurance.html and at https://youtu.be / bF-MhPgsQBA
I t can generally be said that anyone has an insurable interest in property which benefits from its existence or would suffer loss of its destruction. An insurable interest in property is any right, benefit or advantage arising out of or dependent thereon, or any liability in respect thereof, or any relation to or matter therein of such a nature that it may be so affected by the intended danger that it directly condemn the insured.
The term "interest", as used in the phrase "insurable interest", is not limited to property or ownership in the subject of the insurance. An insurable interest in property may arise from any liability that an insured incurs in connection therewith. Such liability may arise by law or agreement, or may be established by law from the obligations assumed by the insured.
In addition, an insurable interest in property does not necessarily imply a property interest in, or a lien on, or possession of, the object of the insurance, and neither the right of ownership nor a preferential interest is required for such an interest to exist. It is sufficient that the insured is so located with reference to the property that he would be liable for damages if it is damaged or destroyed by the danger it is insured against. For example, even if a person has no property right, legal or reasonable, in the property, and neither possession nor right of possession, he still has an insurable interest in it if it is primarily in either law or capital charged with a debt or obligation for which he is secondarily responsible. [ Belton v. Cincinnati Ins. Co ., 353 SC 363, 577 SE2d 487 (SC App. 2003)]
Insurance rate is a cornerstone of the concept of insurance, which protects the insurer against the risk that arises if one who will have the money benefit from loss of the insured property (or life, [in the case of life insurance,]) has no interest in the property not being destroyed. [ Woods v. Independent Fire Insurance Co 749 F.2d 1493, 1496 (11th Cir. 1985)] It is well established in the United States that it is not the only ground to have ownership or ownership. to have an insurable interest in property. [ Brown v. Ohio Cas. Insurance Co ., 239 Ga.App. 251, 253 (2), 519 SE2d 726 (1999)] Rather, the examination of the insurable interest in property if the insured has such a right, ownership or interest therein, or a relation thereto, that he will benefit from its preservation and continued existence, or suffer a direct financial loss due to its destruction or damage by the insured hazard. [ Ga. Farm Bureau Mut. Ins. Co. v. Franks, 320 Ga.App. 131, 739 S.E.2d 427 (Ga. App. 2013)]
Originally, the statutory requirement for insurable interest rates was intended to prevent gambling on human life with regard to life insurance. [ Wood v. New York Life Insurance Co 255 Ga. 300, 303, 336 S.E.2d 806 (1985).] The concept was soon extended to property insurance. No insurance contract for property or of any interest therein or arising therefrom shall be enforceable except for the benefit of persons who at the time of the damage have an insurable interest in the insured items.
In order to have an insurable interest, the insured must suffer a "direct, financial loss" from the subject of the contract; the loss cannot be indirect or sentimental. "[ AB Petro Mart, Inc 892 NW2d at 465; see also 14 Mich. Civ. Jur. Försäkring § 135] An insurable interest in an insurance is not determined by the label attached to the insured's property but of whether the insured will suffer a financial loss as a result of the property being destroyed. [ Sam D Mkt. 1 v. Selective ins. Co. of SC (ED Mich. 2021 )]
Any insurance expert who is called upon to deal with a first party property insurance claim must understand how to determine and manage the insurable interest of an insured person or entity. The compensation available to an insured person is, and will always be, the core of the personal injury contract, which is the property insurance of the first party.
© 2021 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his internship to an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders.
He also acts as an arbitrator. insurance-related disputes. He practiced law in California for more than 44 years as a lawyer for insurance coverage and claims management and more than 54 years in the insurance industry.
Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.
He is available at http://www.zalma.com and firstname.lastname@example.org. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award. For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claimants to become professionals in insurance claims.
Go to training available at https://claimschool.com; articles at https://zalma.substack.com, the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos at https://www.rumble.com/zalma; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ T the last two issues of ZIFL are available at https://zalma.com/zalmas-insurance-fraud- letter -2 / podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4