For a claim to be payable on property covered by a California homeowners policy, at what point must the insured's insurable interest in that property exist?
Explanation
Insurance Code §286 provides that an interest in property insured 'must exist when the insurance takes effect, and when the loss occurs, but need not exist in the meantime.' Both ends are required and a gap in between does not defeat the policy, but the requirement that decides whether a claim is PAYABLE is the one at the time of loss: a homeowner who sold the property the day before the fire has no interest at the moment of loss and cannot collect. (b) is wrong because interest at inception alone is not enough; (c) is wrong because interest running through the term but absent at the loss is exactly what §286 refuses; and (d) is wrong because §286 requires an insurable interest in property insurance. Contrast life insurance, which the same section treats the opposite way — the interest must exist when the insurance takes effect but need not exist when the loss occurs.
Law Reference: Cal. Ins. Code §286This topic, taught in full in the Personal Lines Insurance Producer guide. Personal Lines Insurance Producer — Complete Study Guide (2026) — PDF + EPUB, $19.99 · 14-day refund →
Practice all 474 questions free — no signup required.
Own the complete Personal Lines Insurance Producer guide — PDF + EPUB, $19.99 →
Related questions on this topic
- Under §1668, the Commissioner may deny a personal lines broker-agent license application for any of the listed grounds. Which of the following is NOT a statutory ground for denial?
- An unlicensed assistant in a personal lines office quotes an auto policy premium to a walk-in customer and binds coverage by signing a temporary cover note. Under §1631, this conduct is:
- Which statement best captures the legal distinction between an 'insurance agent' and an 'insurance broker' under California law?
- An insurer intends to non-renew a personal auto policy at the end of the term. Under §663, how much advance written notice must be sent to the named insured?
- Following a Governor-declared wildfire emergency, §675.1 prohibits an insurer from canceling or non-renewing residential property policies in affected ZIP codes for what period?
- Under §10086, an insurer that writes residential property coverage in California must do which of the following with respect to earthquake insurance?
Last reviewed: · editorial process