General Insurance PrinciplesQuestion 171 of 53180% of test-takers answer this correctly

A homeowner sells her house on April 1 but forgets to cancel her fire policy. The house burns on May 15. Under California property insurance law, the seller can recover:

a.Half of the loss, with the other half paid to the buyer
b.Only the unearned premium that would have been refunded
c.Nothing, because she had no insurable interest at the time of the loss
d.The full policy limit because she still held the policy

Explanation

California Insurance Code §286 requires that an insurable interest in property exist at the time of the loss. Because the seller transferred ownership before the fire, she had no insurable interest when the loss occurred and may not recover anything under the policy. This is a key contrast with life insurance, where insurable interest need only exist at policy inception.

Law Reference: Cal. Ins. Code §286

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