Law of Insurance Question and Answer

Question

Distinction between a “contract of insurance” and a “wagering contract”.

 

Answer

Distinction between a contract of insurance and a wagering contract

  • A wagering contract is not legally enforceable (void) but an insurance contract is.
  • A contract of insurance indemnifies against loss, or the payment of a specified sum upon the happening of a certain event while wagering is the staking of something of value upon the ascertainment of the truth concerning a past or future event where each party must stand either to win or lose.
  • The stake is the only interest of the parties in the wagering contract while the assured must have an insurable’ interest in the subject matter of a contract of insurance.
  • In wagering contracts, the premiums cannot be recovered while in insurance contracts, the premiums are recoverable.
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