Principles of Insurance
Principles of Insurance
Principles of Insurance
Hence, all the element of a valid contract should present in every insurance contract. Besides these elements, there are certain other principles also to be followed essentially at the time entering insurance contract. 1. Principle of utmost good faith (Uberrimae Fidei): All types of insurance contracts requires utmost good faith towards each other. The insurer and the insured must also disclosed all material facts, clearly, correctly and completely. If the insurer finds that certain material facts relating to the contract was not disclosed the insurer may avoid the contract, this principle is more important for life insurance as the information disclosed will affect the decision of the insurance company to decide whether to accept or reject the proposal. 2. Principle of Insurable Interest: The insured must have insurable interest (financially) in the subject matter of insurance. In life Insurance it refers to the life insured. In Fire and General Insurance, it must be present at the time of the occurrence of loss and in marine Insurance, the insurable interest exists only at the time of the occurrence of the loss. It is applicable to all contracts of insurance. Following are the causes of insurable interest. a) A person has insurable interest in his own life and his property. b) A wife has insurable interest in life of her husband. c) A businessman has insurable interest in the good he deal with and in the business property. d) A creditor has insurable interest in the life of the debtors to the extent of loan given. e) A partner has insurable interest in the life of other partners (partnership firm). 3. Principle of Indemnity: Indemnity means a guarantee or assurance to put the insured in the same position in which he was immediately prior to the happening of the uncertain event. The insurer undertakes to make payment of actual loss incurred by the insured. Insurance contract is signed only for getting protection against unpredicted financial losses arising to the future uncertainties. Insurance contract is not made for making losses arising due to the future uncertainties.
4. Principle of contribution: This principle is a corollary to the principle of indemnity. It is applicable to all contracts of indemnity. Under this principle the insured can claim the compensation only to the extent of actual loss either from any one insurer or all the insurers. If one insurer pays full compensation then that insurer can claim proportionate claim from the other insurers. 5. Principle of subrogation: According to principle of subrogation, after the insured is compensated for the loss due to damage to property insured then the right of ownership of such property passes on to the insurer. This principle is applicable only when the damaged property has any value after the event causing the damage. The insurer can benefit out of subrogation rights only to the extent of the amount he has paid to the insured as compensation. 6. Principle of mitigation of loss: under this principle, insured must always try his level best to minimize the loss of his insured must take all possible