32.300 Insurable Interest; Life

32.300 Insurable Interest; Life "Insurable interest" with reference to personal insurance is an interest based upon a reasonable expectation of monetary advantage through the continued life, health, or bodily safety of a person and consequent loss by reason of that person's death or disability or a substantial interest produced by love and affection in the case of individuals closely related by blood or by law. Individuals have an unlimited insurable interest in their own life, health, and bodily safety and may lawfully take out a policy of insurance on their own life, health, or bodily safety and have the policy made payable to whomever they please, regardless of whether the designated beneficiary has an insurable interest. (Use if applicable.) A corporation has an insurable interest in a. the life or physical or mental ability of 1) its directors, officers, or employees, or those of its subsidiaries, or any other person whose death or disability might cause it financial loss; or 2) a shareholder, pursuant to a contractual arrangement concerning the reacquisition of shares owned by the shareholder at the time of death or disability or b. the life of the principal obligor pursuant to 1) a contract obligating the corporation as part of compensation arrangements or 2) a contract obligating the corporation as guarantor or surety. (Use if applicable.) The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependants or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. (Use if applicable.) The insurable interest of a corporation or trustee shall be conveyed automatically to another corporation or to the trustee of a trust established by such other corporation for its sole benefit that has acquired by purchase, merger, or otherwise all or part of the first corporation's business. A corporation or the trustee of a trust may exchange any policy of insurance issued to itself or to another corporation or the trustee of a trust established by such other corporation for its sole benefit from which the exchanging corporation has acquired by purchase, merger, or otherwise all or part of such other corporation's business for a new policy of insurance issued to itself without establishing a new insurable interest at the time of such exchange. O.C.G.A. §33-24-3(c), (c.1) (Give in all cases.) An insurable interest must exist at the time the contract of personal insurance becomes effective, but this requirement need not exist at the time the loss occurs. Any personal insurance contract procured (caused to be procured) upon another is void unless the benefits are payable to the individual insured or that person's representative or to a person having, at the time the contract was made, an insurable interest in the individual insured. When a contract is void, the insurer shall not be liable on the contract but shall be liable to repay to the person(s) who have paid the premiums, without interest. O.C.G.A. §33-24-3