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L&HTexashard

A life insurance policy was validly issued when the beneficiary had an insurable interest in the insured. Three years later the insurable interest no longer exists. If the insured dies, the beneficiary will MOST LIKELY:

AReceive no death benefit because insurable interest must exist at the time of the claim
BReceive a reduced benefit equal to the economic loss the beneficiary can demonstrate at death
Receive the death benefit, because insurable interest is needed only at inception
DLose all rights because the policy automatically voids when insurable interest terminates

Why this is the answer

Insurable interest doctrine in life insurance requires that the applicant-owner (or beneficiary, depending on structure) have an insurable interest in the insured's life at the time the policy is issued. Once the policy is in force, there is no ongoing requirement for insurable interest to persist. Courts have long held that this prevents the policy from becoming a wagering contract at inception; if it was valid when issued, it remains valid. This distinguishes life insurance from property and casualty insurance, where insurable interest must exist at the time of loss (since the purpose is indemnification). Option A applies the wrong rule. Option B applies the indemnity principle to a non-indemnity contract. Option D misstates the legal effect of a lapsed insurable interest.

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