GIM1050 - Legal basis of insurance: insurable interest
Another characteristic of a contract of insurance is that there
should be an insurable interest.
This is not a general rule of law but is in fact a statutory
requirement, imposed by the Life Insurance Act 1774 (which is not
confined to life insurance) and the Marine Insurance Acts of 1778
and 1906 (which are not confined to marine insurance).
There is no authoritative definition of insurable interest
but as a generalisation a person who may suffer financial loss from
an event has an insurable interest in the property or interest
which is insured against that event. The event must create upon the
insured a legally binding liability, or it must affect a right of
the insured which is recognised and protected by the courts.
A person will therefore have an insurable interest in
his own property but he cannot have an insurable interest in his
debtor’s property over which he has no lien or similar right.
Neither can a person have an insurable interest against an event if
he does not seek directly to protect the right to which he is
legally entitled. Thus a parent company has an insurable interest
in the shares of its subsidiary but not in the underlying assets or
profits of that company.
A contract without insurable interest is technically null and
void for all purposes. In practice this is an academic point, since
void contracts are frequently acted upon as if they had full legal
effect.
It should be noted that the requirement for an insurable
interest is a feature of English and Scottish law that is not
present in all territories, even common law ones such as the Isle
of Man.
