(可保利益原则).pptVIP

Chapter 3 Legal Principles of Insurance(1) QIU Lan Legal Principles Principle of Insurable Interest （可保利益原则） Principle of Utmost Good Faith （最大诚信原则） Principle of Proximate Cause （近因原则） Principle of Indemnity （损失补偿原则） Principle of Insurable Interest（可保利益原则） insurable interest (可保利益）exists when an insured person derives（获得） a financial benefit from the continuous existence of the insured object or suffers a financial loss from the loss of the insured object. * * 《保险法》第十二条：保险利益是指投保人或者被保险人对保险标的具有的法律上承认的利益。 This statement is the essence of our insurance laws today: No one may collect insurance proceeds without demonstrating a personal loss from the insured event. It should be: 1．Legal 2．Definite and objective 3．economic 《保险法》第十二条：投保人对保险标 的应当具有保险利益，投保人对保险标 的不具有保险利益的，保险合同无效。 Question: A visitor wanted to purchase property insurance for Summer Palace in Beijing. Would he be covered? why? If people could insure property or a life in which they had no financial interest, insurance would be gambling. An insured would be enriched if these losses occurred. Insurable interest is the upper limit of compensation Mike borrowed ＄1000000 from a bank with his house as collateral, the house‘s market value is ＄2000000 . For the safety of the building, the bank purchased property damage insurance. How much is the insurance limit? Insurable interest ＄1000000 is the upper limit. What constitutes insurable interest? Ownership Leases (in some cases) Secured creditors (not general creditors) Legal liability Care, custody, and control The policyowner must show a recognized interest in having the insured’s life continue. Insured’s own life Husband and wife Creditors in the life of their debtors Partners in each other’s lives Employers in the lives of their key employees When must the insurable interest exist? Property insurance - must exist at the time of the loss As noted, a person may purchase insurance on property not yet owned