The Law of Insurance: A Treatise on the Law of Insurance, Including Fire, Life, Accident, Marine, Casualty, Title, Credit and Guarantee Insurance in Every from

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Bobbs-Merrill, 1907 - Electronic books - 658 pages
 

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Contents

The insured
20
The insurerForeign corporationsState control
21
Mutual companies and benevolent societies
22
The risk
24
A personal contract
26
An aleatory contract
27
Indemnity in accident insurance
29
Form of the contract 80
30
Statutory formConditions implied in oral contract 31 24 Statutory formConditions implied in oral contract 25 Statute of frauds
32
Revenue stamps
33
Enforcement of oral contract
34
Completion of contractDelivery of the policy
35
Countersigning by agent
36
PART II
38
Definition
40
Different interests
41
Continuity of interest
42
Nature of interest
43
Illustrations
45
CHAPTER IV
50
The English statuts Not in force in this country
51
The modern rule
52
The amount of a creditors insurable interest
53
Mere form disregarded
54
BOTTON PAGE BO Continuance of interest in life
55
Interest of beneficiary designated by insured
56
B2 Interest of the assignee
57
Interest of the assignee continued
59
Interest based upon relationship
61
Interest based upon relationship continued
63
Illustrations of insurable interest in life
64
Right of assignee without interest to recover premiums paid
67
Want of interest as a defense under incontestable clause
69
Description of interest
70
PART III
71
Duty of applicant
72
Modern rule in the United States
74
What must be communicated
76
Basis of the rule
77
Where no written application is made
78
Incomplete answers to inquiries
79
Answers calculated to misleadIrresponsive answers
80
Concealment through inadvertence or negligence
81
Concealment or misrepresentation by agent
82
Knowledge of the agent continued
83
CHAPTER VI
86
101 Representations Definition
87
Afirmative and promissory warranties
88
Effect of breach of warranty
89
Construction of statements in the application 90
106
Application maue part of the policy 90
107
Oral representations 93
109
Statement of expectation or belief 94
110
Oral proinissory representations 96
114
Misrepresentation by agent 99
115
Effect of misrepresentation 100
116
MaterialityOpinion of experts 101
117
Burden of proof 102
118
Statutory provisions 104
120
The Massachusetts statute 105
121
Similar provisions in other states 106
122
Controlling force of such statutes 107
123
PART IV
125
The Premium in Ordinary Insurance 128 Nature of premium 110
126
Obligation to pay premium 111
127
PaymentCondition precedentForfeiture 112
128
Manner time and place of payment 114
128
The giving of a promissory note 115
129
Payment after loss or death 117
131
Paidup policies 118
132
SECTION PAGE 134 Notice of time when premium is due 119
133
Right to recover premiums paid 121
135
Assessments in Mutual Companies and Benevolent Societies 136 Dues and assessments 122
136
Liability to assessment 123
137
Withdrawal of member 124
137
PART V
137
Statutory provisions relating to insurance agents
137
Construction of such statutes
137
Evidence of agency
137
Various special agents
137
Subagents and clerks
137
Insurance brokers
137
Powers of agents
137
Restrictions in application or policy
138
Limitations on authority of agent
139
160a Limitations on authorityContinued
140
Limitations contained in applicationConstructive notice
142
Preparation of application
143
Notice
144
Notice of loss to local agent
146
SECTION PAGE 175 In general
148
Knowledge and intent
149
Efect of mere silence
150
Waiver of certain defenses
151
Power of agent to waive
152
Prepayment of premium
153
Waiver in writing only
154
Estoppel by act of agent
156
Facts known to company when policy issued
157
Oral testimony to show actual statements
161
Bad faithCollusion between applicant and agent
163
PART VI
164
SECTION PAGE 200 In general
165
The New York standard
166
The binding clause
167
Construction of the standard policy
168
Effect of a breach of condition
170
A PROVISIONS RELATING TO MATTERS BEFORE Loss 1 Formal Part of Contract
172
The premium
174
SECTION PAGE 209 The amount
175
May cover shifting stock
176
Presumption as to nature of business
178
Descriptions when warranties
179
Description of buildings
183
Location of propertyIn general
186
Location material
187
Illustrations
190
Risks insured against
193
Proximate cause Electric wires
197
Authorization of Agent
199
Application and Survey
200
Application a part of the policy
201
Concealment and misrepresentation
204
Ercluded Risks
206
Invasion riot etc
207
Theft
209
Neglect to protect property
210
Lightning
213
City ordinances
215
Plate glass frescoes and decorations
217
CHAPTER XI
218
Provisions Relating to Interest in and Carc of Property 819
219
DefinitionDifferent interests
221
Whether valid or invalid
222
Where the words valid or invalid do not appear
223
Consent of the company Waiver
226
Policy covering a part of the property
227
Operation of manufacturing establishment
229
Running after hours
232
Increase of risk
233
Changes in adjoining property
236
Effect of increase of bazard
237
NepairsEmployment of mechanics
238
Ownership
241
Incumbrances
244
Illustrations
246
Illustrations of breach of condition
249
Building on leased ground
251
Incumbrance by chattel mortgage
252
Foreclosure proceedings
255
ELLIOTT
257
Generation of illuminating gas
258
Scope of provision
259
Transfer of part interest
260
Executory contract of sale
261
Incumbrances
263
Defeasible conveyances
265
Sale with purchasemoney mortgage
266
Transfers between joint owners 269
271
Vacancy 255
285
Construction
286
Vacant and unoccupied not synonymous
287
Construction when applied to dwelling house
288
BuildingContentsVacancy
290
Mustrations of construction of this provision
291
X11 Authorized Change of Location
293
In general
294
Illustrations
297
Reformation of the policy XIV Cancellation of Policy
298
In general
299
The time
300
Return of premium
302
What amounts to a cancellation
303
Waiver
305
Limitations upon power to waive 803
306
CHAPTER XII
308
Notice and Proof of Loss
309
Immediate notice
311
Separation of goods forth with
313
SECTION
314
When a condition precedent
315
What is a compliance with this provision
317
In general 808
319
Plans and specifications
320
To whom notice must be given
322
Exhibition of Property and RecordsExamination of Party
323
Examination of party
324
Failure to produce books
326
The iron safe clause
327
Arbitration of the Amount of Loss 830
330
Disagreement
331
Validity of provision
332
Where there is a total loss
334
Demand for arbitration
335
Condition precedent
338
Revocation
342
Waiver
347
Second arbitrationResubmission
348
Demand for arbitration as admission of liability
352
Right of mortgagee
353
An option reserved
354
Time Within Which Loss is Payable 857
357
In general
358
XX1 Time of Bringing Suit
359
SECTION PAGE
363
Amount of recoveryIllustrations
369
Reinsurance
376
PART VII
382
SECTION PAOK
383
Rights of beneficiary
389
Right to proceedsBankruptcy
395
Powers of Agent
401
Manner of making assignment
407
Where there is no provision as to the effect of suicide
413
Statements with Reference to Habits Physical Condition etc
420
Health and freedom from disease
421
Bodily injuries
424
Family relationship
425
Other insurance
426
Rejection of former application
427
CHAPTER XV
429
Risks of travel
432
Inhaling gasPoison
433
Occupation or employment
435
External signs
436
Excepted Risks 397 Effect of negligence
437
Bodily infirmity or disease
440
Injuries intentionally inflicted by others
441
Injuries received while engaged in violation of law
443
Injuries received while intoxicated
446
General Provisions 403 Amount of recoveryDisability
447
ConstructionEffect of existing judicial decisions
449
CHAPTER XVI
451
Injuries while engaged in designated business
452
Violation of statute by insured
454
When liability accrues
455
Efect of judgment against insured
457
Notice of injury or claim
458
Fidelity Insurance 416 In general
459
Manner of proof
462
Constructive notice
463
Il Credit Insurance 420 In general
465
Construction of policyAmount of recovery
466
Identity of the insured
469
PART VIII
473
SECTION PAGE 424 General statement
474
Description of insured
475
Insurable interest
476
Termination of risk
479
Subjects of Marine Insurance
480
Cargo goods and merchandise
481
Goods carried on deck
483
Freight
484
Passage money
485
Profits and commissions
486
Bottomry and respondentia bonds
487
Implied Warranties
488
What constitutes seaworthiness
489
Implied warranty in voyage policy
491
Time policiesEnglish rule
493
Time policiesUnited States rule
495
Different stages of voyage
496
Seaworthiness a relative matter
497
Knowledge and intent of insured
499
Exclusion of warranty by terms of policy
501
b Deviation
503
Order of visiting ports
504
As affected by usage
507
Delay
508
Departure to save property
509
Transshipment of cargo
510
Change of voyage Intention
511
Excusable deviation
512
Restraint justifying deviation
513
Entering port to refit
514
To recruit crew
515
To escape capture
516
To save life or succor distress
517
Effect of deviationIncrease of risk
518
c Illegality
519
468a Neutrality
520
Violation of revenue lawsForeign states
522
Proper documents
523
CHAPTER XVIII
525
Perils of the sea
526
Stranding
527
Collisions
528
Shipwreck
531
Loss by fire
532
Loss by thieves
533
Capture and seizureTakings at sea
534
ArrestRestraintDetention
536
Barratry
540
All other perils losses and misfortunes
544
Proximate cause of loss
545
NegligenceMisconduct
548
The sue and labor clause
551
Excluded risks and limitation upon liability
553
CHAPTER XIX
557
a Actual Total Loss
559
b Constructive Total Loss
560
Entire or severable contract
565
c Abandonment
567
Test of right to abandon
569
Apprehension of peril
570
For lack of funds to repair
571
Sale by master
572
Goods separately valued
573
Must be complete
574
Basis of valuation for total loss
576
Acceptance of abandonment
577
Effect of abandonment
579
The master as agent of the underwriters
582
Time when right is determinedErroneous information
584
d General Average and Adjustment of Losses
586
Adjustment of loss
590
Copyright

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Popular passages

Page 362 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 379 - Company as mortgagee (or trustee) as interest may appear, and this insurance, as to the interest of the mortgagee (or trustee) only therein shall not be invalidated by any act or neglect of the mortgagor or owner...
Page 219 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership ; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 206 - This company shall not be liable for loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority...
Page 309 - ... within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property.
Page 353 - It shall be optional, however, with this company to take all or any part of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality...
Page 371 - This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by and expense of removal from premises endangered by fire, than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property...
Page 262 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 324 - Company all that remains of any property herein described, and submit to examinations under oath by any person named by this Company, and subscribe the same; and, as often as may be reasonably required, shall produce for examination all books of account, bills, invoices and other vouchers, or certified copies thereof if originals be lost...
Page 339 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.

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