A client applies for a 1,000,000 dollar term life policy on her business partner, whom she would have to buy out under a cross purchase agreement, and at the same time applies for a fire policy on a warehouse she owns. The planner is asked when insurable interest has to be present for each contract to be enforceable. What is the correct position?
- AFor both policies, at the time the death or the property loss occurs
- BFor the life policy, at the time the policy is applied for; for the fire policy, at the time of the loss Correct
- CFor both policies, at the time each contract is issued by the insurer
- DFor the life policy, at the time of death; for the fire policy, at the time the policy is applied for
Why A is wrong: This applies indemnity logic to both contracts, which is tempting because it seems consistent, but it would void a life policy whenever the relationship ends, and a policy remains enforceable even if the partnership is later dissolved.
Why B is correct: Life insurance requires insurable interest only at inception, because the contract is a valued contract that pays a stated sum, while property insurance is a contract of indemnity, so the interest must exist when the loss happens for there to be a measurable loss to indemnify.
Why C is wrong: This applies the life insurance rule to property, which is a common error, but a person who sells the warehouse before a fire has no economic loss to indemnify and so may not recover under the policy.
Why D is wrong: This reverses the two rules, which is attractive because both timings appear somewhere in the correct answer, but it would defeat the very purpose of funding a buy out where the business relationship may change before death.