I. Overview of the principle of insurable interest
Insurable interest refers to the interest of the applicant or the insured in the subject matter insured.
Having all kinds of powerful relationships is legally recognized and can be
To ensure economic benefits. The principle of insurable interest is insurance contract.
Principles that must be followed.
1. Conditions that constitute insurable interest
The insured need not have any interest in the subject matter insured.
As an insurable interest. Insurable interests must meet the following conditions:
(l) The insurable interest must be certain and realizable.
Benefit. Defined interests refer to existing interests and realizable interests.
It refers to the benefits that can be obtained in the future, not what can be obtained subjectively.
Interests.
(2) The insurable interest must be an economic interest that can be measured by money.
Benefit. After the insurance accident, the insured or the insured suffers losses.
The economic interests on the subject matter of insurance need to be compensated. But if
If the loss of value cannot be measured by money, it is difficult to determine whether it should be compensated.
Standard.
(3) Insurable interest must be legal interest. Insurance or quilt cover
The insurer's insurable interest in the subject matter insured must be legal.
Zhang's interests, not acts prohibited by law.
2. The function of insurable interest principle in practice.
(l) Insurance can be prevented from becoming gambling. Judgment insurance bank
The boundary between behavior and gambling behavior lies in the insurance of the insured.
Whether the subject matter has insurable interest. If you use other people's property without insurable interest
Or taking life insurance as the subject matter of insurance is a gambling behavior.
(2) It can prevent the occurrence of moral hazard. Moral hazard refers to insurance.
I or the insured intentionally did it or failed to obtain insurance compensation.
As a result, the loss of the subject matter insured was caused or expanded. If the insured
If there is no interest in the subject matter insured, it is easy to breed.
Moral hazard. If the applicant has some interest in the subject matter insured
-Insurable interest, then insurance is only for loss compensation or fixed payment.
(3) The degree of insurance compensation can be limited. In a property insurance contract, insurable
Interest is the economic loss caused by the insurer to the insured according to the insurance contract.
Therefore, the maximum compensation for losses adheres to the principle of insurable interest.
It can prevent the subject matter insured from being obtained through insurance.
The amount of interest, so as not to violate the purpose of insurance economic compensation, induced
Send moral hazard.
Secondly, the application of insurable interest principle in international cargo transportation insurance.
use
In international trade, it refers to the country agreed by the buyer and the seller in the contract.
International trade terms determine the transfer time for both parties to bear risks, and
The time of risk transfer is closely related to the time of insurance interest transfer.
Close. Therefore, the choice of international trade terms is not only about the risk of goods.
The division of transfer time is also an arrangement of insurance. Is it imported?
Or export commodities, all need to be insured, therefore, trade terms
Choice is very important to both buyers and sellers. Based only on the contents of the transaction
The adopted trade terms can be used to determine whether the goods are damaged.
Does the buyer or seller enjoy insurable interest, and what benefits does it have to the insurer?
Have the right to claim compensation. Common modes of international cargo transportation in international trade.
This term is related to the time of risk transfer and the insurable interest it determines.
The transfer time varies with different terms of trade.
According to the international chamber of commerce 1990 (international trade terms
General rules of interpretation (i.e. Incoterms 1990), 13 Different characteristics.
The price terms can be summarized as e (shipment), f (unpaid main freight) and c.
(main freight paid) and d (arrival). The wind can be explained in detail.
The transfer time of insurance and insurance benefits between buyers and sellers.
1.e group. Group e is only delivered by EXW factory.
A term. This trade term represents the source and storage of goods.
The terms of delivery are cash on delivery, so this kind of transaction is similar in form.
Domestic trade. When dealing with EXW, the seller only needs to be in his own country.
Will meet the requirements of the contract goods at the time and place specified in the contract.
At the disposal of the buyer, even if the delivery obligation is completed, bear
With the completion of the obligation, the risk is also transferred to the buyer. Buyers want
Responsible for loading the goods on the means of transport, and then transporting the goods from the place of delivery to.
Destination. Therefore, after accepting the goods from the seller's country, the buyer will
Will bear the risk of all goods that need to be loaded and transported, so
Have insurable interests. After that, if the goods are damaged, the buyer will claim compensation from the insurance company.
Have the right to claim compensation.
2. group F. Group F includes FCA (Free Carrier) delivery of goods.