Fundamental Principles of Insurance Contract

The Contract of Insurance is a contract whereby a person undertakes to indemnify another  against a loss arising on the happening of an event or to pay a sum of money on the happening of an  event. The person who insures is called “Insurer”. The person who effects the insurance is called the  “Insured” or “Assured”. The price for the risk undertaken by the insurer and paid by the insured to the  insurer is called “Premium” and the document which contains the contract of insurance is called “Policy”.

Following are the general principles of contract of insurance:

  1. Uberrimae Fidei: A contract of insurance is a contract uberrimae fidei, i.e. a contract requiring  utmost good faith of the parties. So, all material facts which are likely to influence the insurer in  deciding the amount of premium payable by the insured must be disclosed by the insured. Failure to  disclose material facts renders the contract voidable at the option of the insurer.
  2. Insurable Interest: The assured must have, what is called “insurable interest” in the subject matter  of the contract of insurance. “He must be so situated with regard to the thing insured that he would  have benefit from its existence, loss from its destruction”.
  3. Indemnity: Every contract of insurance such as life insurance and personal accident and sickness  insurance, is a contract of indemnity. So, the insurer pays the actual loss suffered by the insured.  He does not pay the specified amount unless this amount is the actual loss to the insured.
  4. Mitigation of Loss: The insured must take reasonable precautions to save the property, in the event  of some mishap to the insured property. He must act as a prudent uninsured person would act in his  own case under similar circumstances to mitigate or  minimize  losses.
  5. Risk must Attach: The insurer must run the risk of indemnifying the insured. If he does not run the  risk, the consideration for which the premium is paid, fails and consequently, he must return the  premium paid by the insured.
  6. Causa Proxima: The insurer is liable for loss which is proximately caused by the risk insured  against. The rule is “causa proxima non remota spectatur”, i.e. the proximate but not the remote  cause is to be looked to. So, the loss must be proximately caused in order that the insurer is to  become liable.
  7. Period of Insurance: Except in the case of life insurance, every contract of insurance comes to an  end of the expiry of every year, unless the insured continues the same and pays the premium before  the expiry of the year.
  8. Subrogation: According to the rule of subrogation, when the loss is caused to the insured by the  conduct of a third party, the insurer shall have to make good such loss and then have a right to step  into the shoes of the insured and bring an action against such third party who caused the loss to the  insured. This right of subrogation is enforceable only when there is an assignment of cause of action  by the insured in favour of the insurer. The doctrine of subrogation does not apply to life insurance.
  9. Contribution: Where there are two or more insurances on one risk, the principle of contribution  applies as between different insurers. The aim of contribution is to distribute the actual amount of  loss among the different insurers who are liable for the same risk under different policies in respect of  the same subject-matter. In case of loss, any one insurer may pay to the assured the full amount of  the loss covered by the policy. Having paid this amount, he is entitled to contribution from his coinsurers  in proportion to the amount which each has undertaken to pay in case of loss of the same  subject-matter.

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.