Commonwealth Consolidated Acts

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MARINE INSURANCE ACT 1909 - SECT 12

When interest must attach

             (1)  The assured must be interested in the subject-matter insured at the time of the loss, though he or she need not be interested when the insurance is effected:

Provided that where the subject-matter is insured lost or not lost , the assured may recover although he or she may not have acquired his or her interest until after the loss, unless at the time of effecting the contract of insurance the assured was aware of the loss, and the insurer was not.

             (2)  Where the assured has no interest at the time of the loss, he or she cannot acquire interest by any act or election after he or she is aware of the loss.



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