Insurable Interest refers to the legally recognized economic interest relationship that the applicant or the insured has with the subject matter of insurance. In foreign trade, it means that the insured will suffer economic loss due to damage to the goods, or gain benefit from the safety of the goods. Its usage scenarios are mainly concentrated in marine, air, and multimodal transport cargo insurance, especially under terms such as CIF and CIP where the seller arranges insurance; the seller must ensure that it has an insurable interest in the goods, otherwise the insurance contract may be invalid. Precautions include: insurable interest must exist at the time of loss, not at the time of application; the attribution of insurable interest differs under different trade terms, such as under FOB and CFR where the buyer bears the risk, the buyer must arrange insurance itself and has the insurable interest; easily confused with 'insurable interest' is 'Rights under Policy', which refers to the right to claim under the policy and is transferable, whereas insurable interest is not transferable. In addition, banks in letter of credit transactions usually require the policy to show that the insured has an insurable interest in the goods.
📝 Examples
1. Under a CIF contract, the seller is responsible for arranging insurance, but the risk of the goods transfers to the buyer after they pass the ship's rail at the port of shipment, so the seller must ensure that the policy can be transferred to the buyer, enabling the buyer to claim based on insurable interest in the event of cargo damage. (Note: The connection between risk transfer and attribution of insurable interest under CIF)
2. We import a batch of equipment on FOB terms. Although the seller arranges transportation, the risk is borne by us from the time the goods pass the ship's rail at the port of shipment. Therefore, we must arrange insurance ourselves and ensure that we have an insurable interest in the goods; otherwise, we cannot obtain compensation in the event of cargo damage. (Note: The necessity for the buyer to insure and assert insurable interest under FOB)
💡 Foreign Trade Tips
Foreign trade terms are the foundation of international business communication
Trade practices may vary slightly by country; pay attention when using them
When using terms in contracts, specify the applicable version (e.g., Incoterms 2020)
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