The Law of Insurance, Fire, Life, Accident, Guarantee

Front Cover
Keefe-Davidson Company, 1902 - Insurance law - 917 pages
 

Contents

4046 Consummation of Contract
79
Delivery of Policy
99
Duration of Contract
100
Renewal of Contract
105
Revival of Policy
108
5152 Application
110
CHAPTER V
113
Oral Contract to Issue Policy
114
The Lex Loci
115
Custom and Usage 57 Application
117
Endorsements 59 Mutual Organizations
120
CHAPTER VI
129
General Principles of Construction
131
Intent of the Parties Important 65 Ambiguities
134
Restrictions and Forfeitures
135
Writing Controls Print
136
The Law of the Place
137
Custom and Usage
140
Standard Policies
141
Policies of Mutual Organizations
143
CHAPTER VII
145
Reformation of Policy
149
Modification of Contract 74 Disaffirmance of Rescission
150
Burden of Proof of Agency
163
Presumption of Fidelity
164
The Agent Must be Disinterested 80 Destroyed Property
166
Whom Does Agent Represent
167
Statutory Regulation of Agency
171
Evidence of Agency
178
Appointment of Agents
179
Classification of Agents
180
General Agents
183
Officers of Insurer as Agents
187
Acts Admissions and Declarations
189
Subordinate Lodges Agents of Grand Lodge 90 Special or Local Agents
193
Brokers and Solicitors
197
Stipulations in Policy Regulating Agency
204
Agents of Mutual Companies
208
Stipulations in Application Regulating Agency
209
Acts Before Issuance of Policy 96 What Agents May Waive 97 Fraud and Mistake of Agent
220
Collusion Between Agent and Insured
225
Knowledge of Agent that Warranties are False
226
Powers of Agent after Policy is Issued 101 Known Limitations of Agents Power 102 What Constitutes Waiver by Agent 103 104 105 106 107 108 L...
235
Stipulations that Only Certain Officers can Waive
237
Stipulations that no Officer can Waive
238

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Common terms and phrases

Popular passages

Page 329 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full, and true exposition of all the circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk.
Page 21 - Issuing a policy of insurance is not a transaction of commerce. The policies are simple contracts of indemnity against loss by fire, entered into l>ctween the corporations and the assured, for a consideration paid by the latter. These contracts are not articles of commerce in any proper meaning of the word.
Page 386 - Total disability does not mean absolute physical disability on the part of the insured to transact any kind of business pertaining to his occupation. Total disability exists although the insured is able to perform a few occasional acts, if he is unable to do any substantial portion of the work connected with his occupation.
Page 2 - ... it cometh to pass upon the loss or perishing of any ship, there followeth not the undoing of any man, but the loss lighteth rather easily upon many than heavily upon few and rather upon them that adventure not than those that do adventure, whereby all merchants especially of the younger sort, are allured to venture more willingly and more freely...
Page 120 - When parties have deliberately put their engagements into writing in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Page 207 - And it is a part of this contract that any person other than the assured, who may have procured this insurance to be taken by this company, shall be deemed to be the agent of the assured named in this policy, and not of this company under any circumstances whatever, or in any transaction relating to this insurance.
Page 706 - ... but it may be asserted broadly that if, In any negotiations or transactions with the insured after knowledge of the forfeiture, it recognizes the continued validity of the policy, or does acts based thereon, or requires the Insured, by virtue thereof, to do some act or incur some trouble or expense, the forfeiture is, as a matter of law, waived; and it is now settled in this court, after some difference of opinion, that such a waiver need not be based upon any new agreement or an estoppel.
Page 22 - The recognition of its existence even by other States, and the enforcement of its contracts made therein, depend purely upon the comity of those States — a comity which is never extended where the existence of the corporation or the exercise of its powers are prejudicial to their interests or repugnant, to their policy.
Page 282 - But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured.
Page 431 - But the rule is equally well settled that contracts of insurance, like other contracts, are to be construed according to the sense and meaning of the terms which the parties have used, and, if they are clear and unambiguous, their terms are to be taken and understood in their plain, ordinary, and popular sense.

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