TITLE 41

INSURANCE

CHAPTER 18

THE INSURANCE CONTRACT

41-1806.  Insurable interest — Property. (1) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss.

(2)  "Insurable interest" as used in this section means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment.

(3)  The measure of an insurable interest in property is the extent to which the insured might be directly damnified by loss, injury, or impairment thereof.

History:

[41-1806, added 1961, ch. 330, sec. 398, p. 645.]