A Treatise on the Law of Insurance of Every Kind, Volume 1

Front Cover
Lawyers Co-operative Publishing Company, 1917 - Insurance law - 7017 pages
 

Contents

Examination and allowance of claims
cxxvii
delay in port should not
cxxviii
Rescission and cancelation generally
cxxix
Mortgage an alteration
cxxx
Right or obligation to accept and retain overdue premium
cxxxi
whether notice must be actually received
cxxxiii
Death as affecting right to paidup policy
cxxxiv
Frequency of tender
cxxxv
Whether payment condition precedent
cxxxvi
Insurance contract based on fraud invalid
cxxxvii
representation
cxxxviii
conditional sale 981b Purchaser of goods on credit same married woman 981c Parties under agreement to exchange property 982 Vendor or one w...
cxxxix
CHAPTER XLI
cxl
1914e Adoption of original insureds representations by assignees
1
designation of shipowners interest
2
termination of risk nonpayment
3
demand or notice etc forfeiture
5
beneficiaries wife and children exemptions
7
INSURABLE INTEREST CHAPTER XXXIV
7
What need not and may not be included
7
generally
7
when policy avoided when not instances
7
who are instances
8
Unloading and reloading goods to make vessel seaworthy or
20
Attachment of risk from a port
21
Warranty of neutrality as affected by barratry
24
when insured not put on inquiry
27
Acts of vendor where person holds under contract of purchase
32
blockade 2424 Compulsory delay or deviation by acts of crew 2425 Departure from route or delay to save life or property 2426 Delay at port or p...
33
Continuance of risk while loading at specified port
39
cruising and making prizes 2436 Instructions as to cruising 2437 Understood purpose for which letters of marque taken is
47
marine risks
53
general designation
57
What does not amount to an alienation sale transfer or change
59
Whether war excuses nonpayment of premium
67
Different degrees of seaworthiness
73
construction 2439 Carrying letters of marque no deviation in itself 2440 Liberty clauses to cruise capture etc for designated time 2441 Whether the...
76
Payment of premium notes or interest thereon by dividends
78
Where insured is prevented by sickness from returning within
82
Cases relied on in support of the last rule
97
acts of third person
99
Effect of interim receipts
103
1640a Cancelation or rescission for misrepresentations breach of war
105
Risk terminates where goods are transshipped without necessity
106
CHAPTER L
112
authority of directors or secre
116
marine risk
117
reversion of title
120
statutes
125
Effect of usage and exigencies of trade
131
To whom dues and assessments are payable 1279 Mode of remittance
134
What weight should be given the theory that representations
139
Certificates in mutual benefit societies or associations
146
Division and kinds of policies
147
Wager policies
148
Wager policies valid at common law now void
149
conflict of laws
150
Valued policy may be shown to be a wager
151
1125a Tender by bank check
161
No notice or formal declaration of forfeiture necessary
162
legal effect of assent to in fire policy
171
cases
173
Representations true when made but untrue when contract com
176
Attachment of risk on goods at and from
187
The rate of premium
189
effect of practice or custom to understate measure
194
days of grace
196
Acceptance of entire annual premium in advance
197
Changes by encumbrances on property
198
Effect of nonpayment of note upon beneficiary
199
1369a Demand or request for payment
201
CHAPTER XXXIX
204
death within days of grace 1282 Death of member during suspension of lodge 1283 Death while dues in arrears 1284 Payment assessment after los...
209
A specific and full disclosure is required not an evasive one
216
405 Powers of superintendent 406 Powers of general managers 407 Agency of subordinate lodges
220
407a Same subject
222
omitting customary statement amount unknown
223
CONCEALMENT IN OTHER THAN MARINE RISKS
226
time policy may be retroactive
238
Usage must be well established and notorious
241
Usage may be of recent origin
242
Usage must be reasonable
243
Usage must be uniform
244
Parties may by express contract include or waive usage
245
Usage admissible where contract ambiguous or obscure
246
authorities holding a waiver
247
CHAPTER LIV
259
waiver
263
breach of contract
267
cannot
271
Lease of insured property
273
payment of premium note generally
277
Amount of premium for which mortgagor is chargeable may
278
In what the premium may be paid
280
prior parol agreements as to payment
284
NOTES FOR PREMIUMS AND PREMIUM ETC NOTES
285
insolvency appointment of temporary receiver
297
husband
302
when notice sufficient
307
When vessel has arrived
308
agreement incomplete at time of loss mortal illness
309
REPRESENTATIONS AND MISREPRESENTATIONS
317
1896a Material false representations vitiate binding slip
322
life risk
333
Termination of contract by expulsion of member of mutual
336
ASSESSMENTS AND DUES
338
CHAPTER V
341
2487a When no waiver of provisions as to other insurance
342
Mere temporary mooring not sufficient
349
spitting of blood consumption
357
instances
358
opinions of the textwriters
364
Right to reject policy not of class ordered
367
assessments premium notes
370
generally
371
fire risk
375
CHAPTER XLIII
378
rights of original
386
recovery of statutory deposits
392
loss should be total 154 Wager policies what are and are not Transferred to 894a 954a herein 155 Interest policy defined 156 Open or unvalued p...
396
partial loss 165 Valued policy pro rata recovery 166 Valued policies valued at not conclusive 167 Valued policies prior insurance 168 Valued poli...
397
industrial or burial insurance
401
What is other or double insurance 2456 Overinsurance
406
Agency arising from necessity or emergency
408
Agent delegated for special purpose
409
person referred to by company
410
Powers of clerk
411
Powers of medical examiner
412
Whether one is agent or broker
413
Whether broker is agent of insured or insurer
414
joint agents
415
Powers of adjuster
416
generally
424
Authority which the agent is held out to possess
425
Agents authority is coextensive with his employment
426
Authority which the agent represents himself to possess
427
Private restrictions upon agents authority
428
Obligation to inquire as to agents authority
430
What is not notice of agents limited authority
431
Stipulation that only certain agents may waive
432
Limitation of agents authority in policy is valid
433
waiver standard policy 434 Authorities holding that restrictions in policy on agents authority bind insured
434
434a Same subject 435 Restrictions in policy as to the manner of exercising authority by agent
435
That restrictions in policy on agents powers only relates to acts
436
agent may waive conditions notwithstanding inhibition in policy
439
agents
440
oral waiver
441
cases contra
442
168a Rent insurance policy analogous to valued policy 169 Mixed policy defined 170 Time policy defined
443
computation of time
444
custom etc course of business similar acts
445
trading voyage nature of contract
446
continuance after expiration of time 174 Voyage policy defined
447
custom alteration of contract
448
custom etc submission to award
449
custom proofs of loss
450
custom etc surrender of policy
451
custom transfer of insurance
452
custom etc negotiation of drafts
453
custom etc cancelation of policy
454
generally
455
455a Same subject 456 Ratification of agents acts operates retroactively
456
Ratification of agents acts must be entire
457
Ratification of agents acts must be one which principal could have authorized
458
signing for principal
459
the premium
460
retaining benefits
461
neglect to disaffirm
462
agent must have assumed to act for claimed principal
463
other insurance
464
Power to bind insurance company by contracts other than those of insurance
465
CHAPTER XXIV
467
misrepresentations
472
continued
473
statements made
474
CHAPTER VII
475
195a Same subject
476
To whom premiums may be paid
478
Omission or negligence of agent in filling out application
481
Where agent fills out application without inquiry or of his
487
492a Same subject
493
application
499
in procuring assent thereto
500
after policy delivered
503
Misrepresentations to other insurers
504
504a Same subject
505
436a Same subject
508
marine mutual societies 2457 Conditions as to other insurance 2458 Construction of conditions as to other insurance 2459 Where other insurance is...
509
knowledge of insured
511
mortgagor and mortgagee reinsurer
516
Reformation of policy to conform with actual contract
517
double indemnity insurance
519
parties referred
523
power to make oral contract
525
credit guarantee insurance 527 Where contract of agent is personal
527
Power of agent to subscribe policy
528
Power of agent to execute retroactive policy
529
Countersigning policy by agent
530
Where subagent signs for agent
531
waiver by agent
532
generally 533a Same subject
533
new agreement consideration or estoppel 533c Same subject industrial insurance agent 533d Same subject mutual benefit etc companies or associati...
534
knowledge before and after contract made
535
generally
536
agents conclusions or advice 537a Power of attorneyatlaw as agent to estop insurer by advice to insured
537
statutory provisions standard policy
538
Revival of policy by agent
539
Power of agent to orally waive
540
guaranty or fidelity insurance employers liability
541
agent
542
agent
543
agent of local lodge of fraternal order 544 Knowledge not obtained in course of agents employment
544
what evidence necessary to bind insurer 545 What agent might have learned by ordinary diligence
545
Agents knowledge obtained in individual capacity
546
Knowledge of company at whose instance another company issues policy
547
Agents power to grant permits affecting risk
548
power to alter policy
549
powers in relation to the premium
550
Agents authority to fix rates for premium
551
Agents agreement to give notice when premium
552
Agents authority in regard to first and subsequent premiums
553
what agent may waive
554
when no waiver cases
555
That restrictions in policy on agents powers only relate to acts before loss
556
other insurance waiver
557
other insurance when no waiver instances
558
cases
559
alienation assignment waiver
560
assignment when company not bound by agents acts
561
keeping prohibited articles waiver
562
title and interest waiver 563 Agents authority encumbrances waiver instances
563
Construction must be reasonable
564
vacant unoccupied waiver
565
vacant unoccupied when no waiver
566
cancelation
567
location of property removal of property
568
Excepted liability for damage unless caused by negligence of ship
569
Construction will be given to uphold the
570
notice of loss
575
what is not sufficient notice of loss
576
estoppel
577
waiver
578
waiver of proofs of loss condition conflicting with settled rule of
579
benefit certificates
580
Delivery of proofs of loss to agent
581
place of delivery waiver by agent
582
What agent may waive proofs of loss or death
583
proofs of loss or death
584
584a Same subject 585 Where no waiver by adjuster of proofs of loss
585
how far binding on company
586
What agent may not waive proofs at loss
587
586a Same subject
588
failure to object
589
examination by agent waiver
590
waiver agents denial of companys liability other grounds
591
delay caused by agent
592
proofs of loss waiver
593
waiver proofs of loss
594
agent
595
loss waiver by agent
596
waiver agent
597
Agents powers after loss generally
598
settlement award assignment
599
arbitration appraisement
600
subrogation
601
time limit for suing waiver
602
That restrictions in policy on agents powers are only prima facie binding
603
authority how conferred
608
exceptions to the rule
609
Agency arising from situation with reference to the property
610
Agency may be created by possession of the policy
611
possession of written application
612
mutual company
613
Authority of partner
614
fidelity or guaranty insurance
615
Authority of joint owner
616
Authority of tenant in common
617
Authority of ships husband
618
Agent effecting insurance for whom it may concern
619
Right of agent to insure in case of emergency
620
rights of beneficiaries or claimants
621
Del credere agents
622
Insurance by factors
623
power to insure
624
cases and authorities 249 Whether usage controls the plain and legal import of words of the policy 250 Same subject opinions and cases 251 Same ...
625
warehouseman
626
626a Authority of bailee or agent in possession 627 Authority of trustees
627
Treasurer of local lodge may be trustee
628
Authority of prize agents to insure
629
insurance by carrier
630
Where husband acts as agent of wife
631
adjustment of loss
632
Authority of insureds agent as to proofs of loss or death
633
master
634
Broker not agent of insurer to receive notice of transfer of policy
635
Agent or broker procuring insurance cannot cancel
636
Notice of cancelation to agent or broker procuring insurance in sufficient
637
provision that agent etc is insureds agent
638
Concealment by agent other than one to effect a policy
647
Concealment where agency has ceased
648
false advices loss by another peril
649
agent
650
both or either
651
cascs
653
specified or geographical order of visiting ports
654
generally
655
CHAPTER X
656
generally
657
Duty of agent to inform principal
658
Effect on insured of agents neglect of duty to insurer
659
Agent cannot issue policy to himself
660
Agent cannot act for both parties
661
exception to rule
662
Alteration with intent to obtain insurers consent
663
decisions 276 Alteration substitution of parties
664
276a Alteration or modification of standard policy
665
early decisions
666
Where agents orders vest him with a discretion
667
When agent is excused for noncompliance with instructions
668
669 Duty to insure
669
more advantageous terms
670
Where agent departs from usage or usual form of the policy
671
mistake or ignorance no excuse 286 Defense of alien enemy
672
life insurance
673
Effect of war on preexisting valid contract
674
loss before war 291 Same subject that war merely suspends the contract
675
Duty of agent to settle loss
676
agent
677
generally
678
Right of citizen to bring property from enemys country
679
license to trade
680
domicil
681
agent
682
Liability of officers of company
683
what constitutes domicil
684
Residence with intent to return
686
Change of domicil
687
what is enemys country
689
commencement and cessation of hostilities
690
assignment of policy by assured
691
Lien of subagent or broker
692
What constitutes invasion insurrection riot civil commotion
694
intention to subsequently wage war 299b Alien enemies status of power of government over acts of Congress effect of war declaration
697
Rights of agents as to the premium
698
TITLE IV
704
Warranty may be qualified by other words in the contract
705
Action against company by average adjusters
706
prior valid character of cargo
710
defenses
712
Sale and mortgage back where policy prohibits alienation of
716
CHAPTER XIII
719
surrender rescission cancela
722
same industrial insurance
727
English decisions
728
CHAPTER XIV
731
1401a Return of premium where policy does not conform with agree
732
effect upon charter party
733
assignment right of assignee
735
order of Knights of Pythias widow
737
whether statutes or charter controls bylaws
743
Mere regulation or matter of practice not binding as to change
747
754a Right of beneficiary to object to noncompliance with bylaws
755
concealment suppression or spoli
759
Absent brother as beneficiary
763
when other insurance or substituted policy attaches
767
effect as to recovery of premiums notes or com
768
children surviving
769
necessity
772
when relation terminated by marriage
774
Exception of loss from existing regulations does not include sub
777
immediate family
780
heirs or representatives
786
CHAPTER XV
788
2699a Where the words on fire instead of burned or burnt
791
related to
792
marine risk
795
voluntary payments under claim of right
798
afterward in order named
800
contract rights in benefits
806
797a Undertaker as beneficiary
810
bequest by partner Virginia
819
Subsequent marriage of insured
825
339h Credit guaranty contracts constitute insurance
827
Where beneficiary under life policy dies before assured
828
life policy conclusion
829
subsequent marriage of insured or member effect where wife is designated as beneficiary
830
Where death of beneficiary occurs after that of insured but before payment of fund
831
common disaster
832
Where beneficiary kills insured
833
Killing assured by insane beneficiary
834
Where killing is involuntary
835
Killing by sane assignee
836
Assignment by beneficiary
837
837a Equitable assignment by beneficiary 838 Ratification by beneficiary of assignment
838
Assignment to creditor
839
wife as beneficiary
840
Assignment by beneficiary of life policy to one having no insurable interest
841
Lien of assignee on paidup policy
842
Where wife joins in assignment of policy on husbands life
843
statute forbidding married woman becoming surety
844
Assignment by wife of policy on husbands life
845
control in case of assignment benefit certificate
846
Effect of permission permitting assignment
847
Beneficiary charged with notice of contents of policy
848
849 Possession by beneficiary of mutual benefit certificate
849
Beneficiary may be trustee of fund though not so designated
850
if not to beneficiary designated
851
applicability of insurance laws statutory exemp
852
Policy cannot be surrendered without consent of beneficiary in life policy
853
trustee of proceeds 854 Surrender of policy avoided for mental incapacity
854
consent to surrender policy by
855
wife deceased at time of issuance paid
857
CHAPTER XVIII
858
Where bequest by wife will not pass interest in policy on hus
863
Beneficiary not liable for premiums paid by stranger
869
CHAPTER XIX
875
352a Same subject
876
supplementary proceedings
880
Insurable interest defined
887
generally
888
Necessity of an insurable interest
889
Insurable interest distinguished from the property or life insured
890
Insurable interest at common
891
892 No insurable interest under unenforceable contract
892
Interest must be neither illegal nor immoral
893
Wager policies
894
incontestable clause 894h Wager policies foreign statute extraterritorial effect 895 Insurable interest does not necessarily imply property
895
qualified interest
896
expectancy inchoate rights
897
railroad companies
898
consanguinity or affinity
899
Whether insurable interest need be stated
900
life insurance
902
903 Continuity of interest
903
partial interest remaining
904
The interest need not be indefeasible
905
Obligation of insurer to ascertain insurable interest in property
906
Condition upholding suicide is void
907
several interests
912
Interest of administrators and executors
913
CHAPTER XX
914
payment of premium as a factor
915
consent of insurer to the assignment
916
mutual benefit societies
917
conclusion
918
summary of the decisions
919
continued
920
Interest of donor or contributor
921
generally
922
pawnbroker
923
Innkeepers
924
Carriers
925
constitutional provisions
926
consignees
927
Merchant furnishing dealer with stock
928
Agents
929
930 Consignor
930
supercargo
931
Trustees
932
Cestui que trust
933
CHAPTER XXI
934
855a Death of beneficiary before surrender of policy for reduction of amount
935
935a Corporation in life of stockholder 935b Corporation in life of its officer 936 Sureties
936
surety on appeal
937
Indorser of note
938
drawee
939
Indorser and indorsee of bill of lading
940
reinsurer
941
Interest in solvency of insurer
942
Interest in royalties
943
joint owners
944
life risk
945
Part owner
946
General creditors
947
Simple contract creditor in estate of deceased debtor
948
Creditors as assignees
949
Creditor attaching or levying execution
950
Attaching creditor must insure his interest
951
Judgment creditor
952
Creditor in life of debtor
953
wager policy amount recoverable
954
Owner of goods concealed from creditors
955
One whose goods are levied
956
life risk
957
property
958
Officer serving attachment or making levy
959
Lessor
960
sublessee
961
improvements right of removal 961b Subtenant lessee insurance against loss of rents wager policy 962 Purchaser from lessee
962
Tenant at sufferance
963
963a Tenant at will 964 Life tenant
964
964a Life tenant assignee of in life of 965 Remainderman
965
Tenant for life and remainderman joining in insurance
966
life risk
967
Tenant in common
968
Tenant by curtesy
969
Vendee or one under contract for purchase or for deed of tenancy
970
death or injury in selfdefense aggressor offending
971
PARTICULAR INSURABLE INTERESTS CLASSIFIED CONTINUED
972
Vendee or one under contract for purchase or for deed
977
one holding possession under contract of purchase from equitable owner
978
parol agreement
979
qualifications
980
cases
981
proceeds paid to administrator extent
984
Purchaser under execution or judicial sale
985
Purchaser in possession of land title not to pass till building com pleted
986
One in possession under claim of right
987
One in possession with power of sale
988
insurable interest in 989 One in possession to care for and rent property
989
generally
990
Mere intruder or trespasser
991
Disseisor
992
life risk
993
absolute interest
994
buildings constructing under contract
995
builders materialmen mechanics
996
Advances
997
Ships general agent has no insurable interest in advances
998
999 Voluntary advances on vessels
999
One expending money for his own benefit on anothers property
1000
Liens
1001
Mechanics lien
1002
Mechanics and materialmen in ship
1003
Shipowner in ship and cargo
1004
lien
1005
Charterer
1006
war risk 1007 Vendor and vendee in ship and freight
1007
What interest of shipowner in freight includes
1008
Requisites of an interest in freight
1009
Shipowner in freight
1010
vessel subchartered 1011 Charterer who is part owner
1011
Charterer in expected freight
1012
separate risks
1013
Charterer insuring against special peril
1014
Advances by charterer on freight
1015
When charterer has no insurable interest in freight advanced
1016
Owner in case of bottomry or respondentia
1017
Lender in bottomry or respondentia
1018
Expected profits
1019
death of wife executor has no power to surrender policy
1020
Passage money
1021
1021a When interest insured is disbursements not passage money 1022 Mariners wages
1022
Supercargo
1023
outfits
1024
Captors
1025
CHAPTER XXII
1026
Mortgagor
1027
Mortgagor of personal property
1028
Extent of mortgagors insurable interest
1029
Mortgagor of ship
1030
1030a Owner of equity of redemption 1031 Mortgagee
1031
Mortgagee under mortgage only valid in equity
1032
Relation mortgagees insurance sustains to the debt
1033
Mortgagee of ship
1034
Mortgagee of goods and freight
1035
1035a Mortgagee in possession of goods as security 1036 Extent of mortgagees insurable interest
1036
Several mortgagees
1037
Mortgagors interest after judgment or decree
1038
Mortgagor after foreclosure sale
1039
devest ment of interest
1040
Cessation of mortgagors interest
1041
Effect on mortgagees interest of sale and assignment
1042
purchaser from vendee of note and trust deed 1042b Assignment by mortgagor to mortgagee 1043 Disclosure of interest by mortgagee
1043
Assignee of mortgagee
1044
1045 Mortgagor for mortgagee
1045
Children? their children
1046
Interest in homestead
1047
wifes personalty household furniture 1049 Husband in property of wife 1049a Same subject when husband has insurable interest instances 1049b S...
1049
Powers of president
1050
Husband in life of wife
1051
Husband for benefit of wife or child
1052
Wife in her own property
1053
Wife in husbands life
1054
mistress commonlaw marriage
1055
effect of divorce 1056 Dower interest
1056
Powers of assistant secretary
1057
employers liability insurance 1058 In servants life actors life
1058
In masters life
1059
life
1060
life
1061
life
1062
life
1063
Unborn child
1064
1064a Illegitimate children 1065 Son in fathers property
1065
statute 1066 Soninlaw motherinlaw stepson stepfather life
1066
Grandparent and grandchild
1067
brotherinlaw stepsister
1068
aunt and nephew or niece
1069
1069a Halfuncle 1070 Cousin
1070
Friends insurable interest
1071
Religious societies in members life
1072
statute 1073 Benefit societies insurable interest
1073
his belief as to materiality of facts
1076
Ironsafe clause reasonable valid and enforceable
1081
Copyright

Common terms and phrases

Popular passages

Page 17 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 694 - I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of or interference with property, or any disturbance of peaceful citizens in any part of the country.
Page 698 - Whenever there is declared a war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government...
Page 117 - In consideration of the stipulations herein named and of dollars premium does insure for the term of from the day of 19 , at noon, to the day of *..... 19. . . ., at noon, against all direct loss or damage by fire, except as hereinafter provided...
Page 695 - States, then and in such case it may and shall be lawful for the President, by proclamation, to declare that the inhabitants of such State, or any section or part thereof, where such insurrection exists, are in a state of insurrection against the United States ; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue...
Page 194 - 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 524 - There is an implied warranty that the adventure insured is a lawful one, and that, so far as the assured can control the matter, the adventure shall be carried out in a lawful manner. THE VOYAGE 42. Implied condition as to commencement of risk (1) Where the subject-matter is insured by a voyage policy 'at and from
Page 16 - ... to the judge of the admiralty, the recorder of London, two doctors of the civil law, two common lawyers...
Page 64 - ... 3. Insuring any one (a) against loss or damage resulting from accident to or injury suffered by an employee or other person, and for which the person insured is liable...
Page 502 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.

Bibliographic information