Supreme Court of Pow-Wow. Life Insurance. Insurable Interest

1888 ◽  
Vol 1 (8) ◽  
pp. 402
Author(s):  
Bach Thi Nha Nam

The insurable interest in life insurance is a core principle for the parties to enter into an insurance contract. In case the policyholder does not have insurable interest to the insured, the life insurance contract will become invalid or the life insurance contract will terminate when the policyholder no longer has insurable interest in accordance with Vietnam Insurance Business Law. The practice of life insurance contract performance has raised many issues related to the insurable interest that Vietnam Insurance Business Law has not mentioned or are still lacking. Therefore, the legal provisions on insurable interest are covered with many shortcomings, and inconsistent with the practice of insurance business. On the basis of analysis of caselaw and insurance statutes in US jurisdiction, the author proposes to modify the legal provisions on the insurable interest stipulated in the Vietnam Insurance Business Law..


1872 ◽  
Vol 17 (3) ◽  
pp. 189-191
Author(s):  
M. Leon de Montluc

Never was a more complete change suddenly brought about in the laws of a nation by legislative enactment than that which has taken place this year in France in the law of life insurance, in consequence of one single decision of the Supreme Court of Judicature, Up to the present time the construction given to the contract of life insurance in this country has been quite different from what it is in England. As there is no provision of written law that relates to life insurance, it being not even so much as mentioned in the Civil or Commercial Codes, people thought themselves justified in governing it by laws and rules of their own. For instance, although it is a principle of law common to both English and French jurisprudence (we may add, to the law of all legislating nations from time immemorial) that choses in action shall necessarily devolve upon our legal representatives after our death, it has hitherto been decided almost universally by French tribunals that an exception was to be made in favour of life insurance policies. By the advocates of that doctrine, the right in the sum assured was thought never to have vested in the person effecting the policy, and the assurance monies were said to be transferred directly, i. e., omisso medio, from the assurer to the party entitled to receive the sum assured; and that sum, accordingly, would not be liable to succession duty.


1897 ◽  
Vol 33 (4) ◽  
pp. 320-344 ◽  
Author(s):  
Sheppard Homans

As the members of the Institute are doubtless aware, government in the United States differs in at least one important particular from that in Great Britain. In the former country all legislation must conform to the requirements of a written Constitution, and such conformity or non-conformity is decided in each case as it arises, without appeal, by a Supreme Court. In the latter country, on the contrary, the validity or otherwise of any Act of Parliament is decided by unwritten traditions and evolutions developed by the growth and experience of centuries. It is not my object or province to discuss the relative advantages and disadvantages of the two systems; I merely state the fact which must be clearly kept in view in order to understand the unique position of life insurance in the United States as regards governmental intervention.


1995 ◽  
Vol 10 (4) ◽  
pp. 348-349

AbstractIn a judgment delivered by the Abu Dhabi Supreme Court of Cassation, in an action filed by the heirs of a deceased who was insured with a life insurance company, it was held that as the insured had failed to declare to the insurance company that he suffered from diabetes and high blood pressure (which was considered to be vital information which was withheld with bad faith), the insurance policy was null and void.


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