Fire Insurance - 1
Fire Insurance - 1
Fire Insurance - 1
The fire insurance contract is defined as “an agreement, whereby insurer in return for a consideration
(premium) undertakes to indemnify the other party ( insured) against financial loss, where the insurer
undertakes to pay the insured in case of damage caused by fire.
3. Principle of indemnity.
The contract of fire insurance is one in which the observance of the utmost good faith by both the
parties are of vital significance.
The utmost good faith in fire insurance has two aspects first, the disclosure of material facts and second,
preservation of the property insured. The insurer and the insured must furnish detailed information
regarding the subject-matter to be insured. The second phase of good faith is the preservation of
property.
Insurable interest is the general principle of insurance without which an insurer cannot lawfully be
enforced for insurance unsupported by an insurable interest would be a gambling transaction.
Insurable interest will be there where the subject-matter should be in such a position that the insured
may suffer loss at the time of damage and may gain by its protection.
3. Principle of indemnity:
The doctrine of indemnity aims to compensate the insured for a loss sustained, and the compensation
should be such as to place him as nearly as possible in the same pecuniary position after the loss as he
occupied immediately before the occurrence. The insured cannot claim anything in excess of the
amount required to recoup tie actual loss sustained.
The insurers undertake to make good the insured’s loss by monetary payment or by reinstatement or
replacement so that the insured shall be fully indemnified, but this is subject to the sum insured.
Fatema Afreen
Department of Business Administration
Premier University
Elements of Fire Insurance Contract:
A. Implied Conditions:
1. Existence of property
2. Insured property
3. Insurable interest
4. Good faith
B. Express Conditions:
1. Misdescription
2. Alteration
3. Exclusions
Fatema Afreen
Department of Business Administration
Premier University
4. Fraud
5. Claim
6. Reinstatement clause
7. Insurer’s right after fire
8. Subrogation
9. Arbitration
A. Classification:
1. Construction/ Structure
2. Occupancy
3. Nature of flooring
4. Height
5. Floor & wall opening
6. Exposure
7. Lighting, heating & power
8. Place/ situation
9. Protection
B. Discrimination
C. Schedule rating