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Part 1 · General part  ›  Division 1 · General provisions › Section 80

Lack of insured interest

(1) The policyholder is not obliged to pay the insurance premium if no insured interest exists when the insurance cover begins; this also applies if the interest does not arise in the case of insurance taken out for a future enterprise or for another future interest. The insurer may however demand an appropriate fee.

(2) If the insured interest ceases to exist once the insurance cover begins, the insurer is entitled to the premium to which he or she would have been entitled if the insurance had only been applied for up until the time when the insurer learned of the cessation of the interest.

(3) If the policyholder has insured a non-existent interest with the intention of thereby gaining an illegal pecuniary benefit, the contract is null and void; the insurer is entitled to the premium paid up until the time when he or she learns of the circumstances establishing the nullity.

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