This chapter’s objectives are to: Principle of indemnity, principle of insurable interest, principle of subrogation, principle of utmost good faith, requirements of an insurance contract, distinct legal characteristics of insurance contracts, law and the insurance agent. | Fundamental Legal Principles Lecture No. 17 1 Objectives Principle of Indemnity Principle of Insurable Interest Principle of Subrogation Principle of Utmost Good Faith Requirements of an Insurance Contract Distinct Legal Characteristics of Insurance Contracts Law and the Insurance Agent 2 Principle of Indemnity The insurer agrees to pay no more than the actual amount of the loss Purpose: To prevent the insured from profiting from a loss To reduce moral hazard 3 Principle of Indemnity In property insurance, indemnification is based on the actual cash value of the property at the time of loss There are three main methods to determine actual cash value: Replacement cost less depreciation Fair market value is the price a willing buyer would pay a willing seller in a free market Broad evidence rule means that the determination of ACV should include all relevant factors an expert would use to determine the value of the property 4 Principle of Indemnity There are some exceptions to the . | Fundamental Legal Principles Lecture No. 17 1 Objectives Principle of Indemnity Principle of Insurable Interest Principle of Subrogation Principle of Utmost Good Faith Requirements of an Insurance Contract Distinct Legal Characteristics of Insurance Contracts Law and the Insurance Agent 2 Principle of Indemnity The insurer agrees to pay no more than the actual amount of the loss Purpose: To prevent the insured from profiting from a loss To reduce moral hazard 3 Principle of Indemnity In property insurance, indemnification is based on the actual cash value of the property at the time of loss There are three main methods to determine actual cash value: Replacement cost less depreciation Fair market value is the price a willing buyer would pay a willing seller in a free market Broad evidence rule means that the determination of ACV should include all relevant factors an expert would use to determine the value of the property 4 Principle of Indemnity There are some exceptions to the principle of indemnity: A valued policy pays the face amount of insurance if a total loss occurs Some states have a valued policy law that requires payment of the face amount of insurance to the insured if a total loss to real property occurs from a peril specified in the law Replacement cost insurance means there is no deduction for depreciation in determining the amount paid for a loss A life insurance contract is a valued policy that pays a stated sum to the beneficiary upon the insured’s death 5 Principle of Insurable Interest The insured must stand to lose financially if a loss occurs Purpose: To prevent gambling To reduce moral hazard To measure the amount of loss When must insurable interest exist? Property insurance: at the time of the loss Life insurance: only at inception of the policy 6 Transparency Master Principle of Subrogation Substitution of the insurer in place of the insured for the purpose of claiming indemnity from a third person for a loss covered by insurance. .
