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loss payable clause

An insurance provision authorizing payment in the event of loss to a person or entity other than the named insured with an insurable interest in the covered property or, in some cases, jointly to the insured and the other person or entity. Under a typical loss payable clause, the insurer is under no obligation to make payment to the loss payee if payment for a loss can be denied to the insured. If the insurer makes any payments to the loss payee, the insurer obtains the loss payee's (subrogation) rights against any other party. Loss payable clauses are common in commercial auto and personal auto policies in which one or more vehicles are financed through a financial services company. The coverage afforded to the loss payee under this provision is "as its interest may appear." In other words, it will only pay the financial institution's actual loss sustained, even if the value of the vehicle is greater. Loss payable clauses are also commonly used in commercial property insurance policies to protect the interest of an entity that has extended credit or leased personal property to the insured. See also Lenders loss payable endorsement; Loss payee; Mortgage (mortgagee) clause.


Links for IRMI Online Subscribers Only: CAI XIII.W; CPI IV.G, VI.I; CRT XI.F, XIV.D; PRMI 6.G, 10.G

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