Insurable interest: only those who will gain or lose from a peril may validly insure property interests. Insurable interest exists where the insured will gain advantage or suffer loss from the peril's proximate effect causing damage by depriving them of a benefit or exposing them to liability; ownership is not required. When property and risk under a contract of sale pass to the buyer-either upon completion of loading or on shipment depending on contract terms-the seller loses any insurable interest and the buyer acquires it.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Insurable interest: only those who will gain or lose from a peril may validly insure property interests.
Insurable interest exists where the insured will gain advantage or suffer loss from the peril's proximate effect causing damage by depriving them of a benefit or exposing them to liability; ownership is not required. When property and risk under a contract of sale pass to the buyer-either upon completion of loading or on shipment depending on contract terms-the seller loses any insurable interest and the buyer acquires it.
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