This article intends to analyze the insurable interest in the life insurance policy. For this purpose, we offer (i) a brief explanation of the importance of the insurable interest; (ii) a definition of what we consider should be understood by insurable interest in this type of insurance (concept), (iii) an analysis of the different contractual schemes that may be shaped in the life insurance policies; and (iv) a study of the major issues surrounding the insurable interest under this conceptual framework, namely, (a) the consent of the third insured in the contracting of a life insurance policy on his life, (b) the voidability of the contract as a result of (1) the lack of insurable interest, (2) the lack of consent of the third party on whose existence the policyholder enters into a life insurance agreement, and (3) the contracting of an insurance in regard with the life of a legally incapacitated person, and (c) the value, permanence and the burden of proof (onus probandi) of the insurable interest; all this in order to propose certain conclusive ideas of this analysis.
|Translated title of the contribution||The Insurable Interest as an Essential Element of the Life Insurance Contract|
|Number of pages||54|
|Journal||Revista Ibero-Latinoamericana de Seguros (Ibero-Latin American Journal of Insurance)|
|Publication status||Published - 2015|