Corporate
5 cases on Insurable Interest
Insurable interest refers to the legal requirement that a person must demonstrate a genuine interest in the subject matter of an insurance policy to be eligible to insure it. In India, there have been several notable cases related to insurable interest. Here are five such cases:
1) LIC of India vs. Rajendra Singh: In this case, the Supreme Court of India held that insurable interest exists when the life of the insured is such that its termination could result in pecuniary loss to the policyholder. The court emphasized the need for a genuine interest in the life of the person insured, which can be demonstrated through family relationships, financial dependence, business relationships, or other legitimate connections.
2) Oriental Insurance Co. Ltd. vs. Chabri Devi: This case involved a dispute over insurable interest in a motor vehicle insurance policy. The court ruled that a person who is in lawful possession of a vehicle has an insurable interest in that vehicle, regardless of whether they are the registered owner or not. This decision expanded the concept of insurable interest beyond legal ownership.
3) Satwant Kaur Sandhu vs. New India Assurance Co. Ltd.: In this case, the court dealt with the issue of insurable interest in a motor vehicle insurance policy when the owner of the vehicle had died. The court held that the legal heirs of the deceased owner have an insurable interest in the vehicle and are entitled to claim under the insurance policy.
4) United India Insurance Co. Ltd. vs. Tilak Singh: This case involved a dispute over the insurable interest in a property insurance policy. The court held that insurable interest exists when a person has a financial stake or legal obligation in the property insured. The court also clarified that insurable interest need not be an absolute interest, but a contingent or potential interest may also be sufficient.
5) ICICI Lombard General Insurance Co. Ltd. vs. Swaran Singh: This case dealt with the insurable interest in a motor vehicle insurance policy when the vehicle was transferred to a new owner. The court ruled that the new owner of the vehicle has an insurable interest in it from the moment of transfer, and the insurance policy can be transferred to the new owner's name.
These cases have contributed to the understanding and interpretation of insurable interest in India's legal system, providing guidance and establishing precedents for insurance-related disputes