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'Insurable Interest' and the Scope of First-Party Coverage

By Catherine A. Mondell and Seth C. Harrington

An insurable interest is a necessary component of any valid claim under an insurance contract and is traditionally viewed as a protection against moral hazard. Although an insurable interest is necessary for a valid claim, it does not, in and of itself, confer any right to coverage under a policy of insurance. Put another way, an “insurable interest” ' that is, an interest that is susceptible to being insured ' does not mean that one has an insured interest.

Notwithstanding this, the concept of “insurable interest” is often misused in an attempt to expand the scope of what is insured under first-party property policies. This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.

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