Personal property includes all things of value including real estate.
Factual incapacity is imposed because of the class or group to which a person belongs.
A professor knew a colleague who was quite ill. The professor applied for life insurance
on the colleague’s life and named himself as beneficiary. Because of a similarity in the
names of the professor and the colleague, an error was made and the policy was issued.
The professor also sold his car to a student. When the student drove away, it was clear
that the student was an extremely reckless driver. The professor decided not to cancel
his property insurance policy that he had maintained on the vehicle that he sold to the
student. Shortly thereafter, the colleague died and the student demolished the car. The
professor applied for insurance benefits under both policies and each of the insurers
resisted payment. Decide both cases.