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The insurance policy and the hypothecary security clause: Separate contracts and different coverages

July 26, 2023

It is common practice to include a hypothecary security clause in a home insurance policy at the request of the creditor. Such a clause constitutes a separate contract between the insurer and the hypothecary creditor, which may enjoy more extensive coverage to protect its interest in the property. Accordingly, any provisions of the insurance policy that are incompatible with the hypothecary security clause cannot be raised against the hypothecary creditor.

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