PRINCIPLE OF FIRE INSURANCE

 A fire insurance  contract just like any other contract is governed by the Indian Contract Act. In order to be valid it must posses the usual elements namely, offer and acceptance, competent  parties,  free consent and legal object and so forth. But in addition  to these essentials  it must also posses additional characteristics  of fundamental principles: The fundamental  principles of fire insurance are : (1) Insurable  Interest: (2) Utmost good faith: (3) Indemnity: (4) Causa proxima : (5) Doctrine of Subrogation : (6) Warranties and   (7) Contribution.

  (II)  INSURABLE INTEREST: An insurable  interest of such a nature that the possessor would be that financially  injured by the occurrence of fire and would be benefitted by its existence. The insured is not the property but the interest of the insured in the property. Thus what is insured in a fire policy is not the bricks wood, steel, cement, lintel  and other material used in a building  the house but the  interest  of the  assured  in the subject matter  house of insurance: not to the legal interest but the beneficial  interest. Without insurable  interest the contract  will be regarded as a gambling  policy and therefore void. A sentimental interest is not sufficient to maintain a contract of fire insurance. In short three essential conditions  must be fulfilled to constitute an insurable interest in the property viz., (a) There should be a physical object  capable of being damaged or destroyed by fire: (b) The object must be the subject matter of insurance:

 ( C )  The insured must stand in such relationship  as recognized by the insured is benefitted by the safety of the subject matter or be prejudiced by its loss.  The insurable interest in fire insurance must be a present at the time of offecting  contract and the at the time of loss . But exceptions are there. A businessman expect a consignment of goods. The time of arrival is not known. If they goods on arrival are under his risk, he can be insurer the goods. He can arrange insurance in advance . If the goods are lost before arrival are lost before arrival there is a no liability of insurer at all because the insured no insurable interest in the goods. Insurable interest is a  personal right of insured so it does not pass automatically with the property which means the buyer of insured goods does not get cover secured by the original  owner.

 But the legal heirs of insured get the insured’s right automatically . Insurable interest in fire insurance may aries as follow: (a) OWNERSHIP: Obviously this is the most common from but in additional as full ownership joint   ownership gives the right to insurer: (b) AGENTS: An agent may effect an  insurance on behalf  of his principal if he possesses an insurable interest. ( C ) ADMINISTRATORS: Executors and Trustees: They have a  right to insurer the property entrusted to them: (d) BAILEES: Bailees  are person  legally in possession of goods belonging  to other as for example repairman of a television  set while awaiting payment for his service charges or launderers  cobblers, pawn broken etc., They have insurable interest in goods left in their care and custody.  (e) 

HUSBAND AND WIFE:  Wife and husband have a mutual insurable interest in each other’s  property: (f) MORTGAGEE:  A mortgagee has an insurable interest in the property pledged as security for the debt.  (g) PARTNER:  A partner has an insurable interest in the firm’s property.  (h)  OFFICIAL RECEIVER OR ASSIGNEE: A official receiver or assignee has an insurable interest in case of insolvency of an individual or firm and.