If the insured cannot bring himself within the conditions of the policy, he is not entitled to recover for the loss. The terms of the policy constitute the measure of the insurer's liability, and in order to recover, the assured must show himself within... The South Western Reporter - Page 551920Full view - About this book
| United States. Supreme Court - Law reports, digests, etc - 1901 - 1108 pages
...insurer's liability, and in order to recover, the assured must show himself within those terms; and if it appears that the contract has been terminated...condition precedent to the right of recovery. If the nssured 1ms violated, or failed to perform the conditions of the contract, and such violation or want... | |
| Edward Avery Harriman - Contracts - 1901 - 456 pages
...delivered in instalments and paid for upon or after delivery, tender of each instalment in accordance with the terms of the contract is a condition precedent to the vendee's obligation to accept such instalment.1 So also readiness and § 323. i Judson v. Bowden, 1... | |
| Eugene Wambaugh - Insurance law - 1902 - 1220 pages
...insurer's liability, and in order to recover, the assured must show himself within those terms ; and if it appears that the contract has been terminated...failed to perform the conditions of the contract, and snch violation or want of performance has not been waived by the insurer, then the assured cannot recover.... | |
| William Alexander Kerr - Insurance law - 1902 - 936 pages
...fulfilment of those terms. The terms of the policy constitute the measure of the insurer's liability, and if it appears that the contract has been terminated...violation, on the part of the assured, of its conditions, there can be no recovery. The parties to an insurance contract have the right to insert therein such... | |
| Law reports, digests, etc - 1904 - 1052 pages
...fulfillment of those terms. The terms of the policy constitute the measure of the insurer's liability, and, if it appears that the contract has been terminated...violation on the part of the assured of its conditions, there can be no recovery. Kerr on Ins. 430. The company assumed the risk of the insurance under the... | |
| West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1905 - 788 pages
...fulfillment of those terms. The terms of the policy constitute the measure of the insurer's liability, and if it appears that the contract has been terminated by the violation, on the part ol the assured, of its conditions, there can be no recovery. Kerr on Ins. 430. The company assumed... | |
| Law reports, digests, etc - 1905 - 1016 pages
...recover, the insured must show himself within these ttrms; in other words, that compliance of the insured with the terms of the contract is a condition precedent to the right to recover. The respondents seek to draw a distinction between a contract with an accompanying provision... | |
| Law reports, digests, etc - 1907 - 1366 pages
...recover, the assured must show himself within those terms: and, if it appears that the contract lias been terminated by the violation on the part of the...the contract is a condition precedent to the right of recover}'. If the assured has violated or failed to perform the conditions of the contract, and... | |
| George Richards - Forms (Law) - 1909 - 1002 pages
...bring himself within the conditions of the policy he is not entitled to recover for the loss. . . . The compliance of the assured with the terms of the...is a condition precedent to the right of recovery. . . . The courts may not make a contract for the parties. Their function and duty consist simply in... | |
| Law reports, digests, etc - 1912 - 1250 pages
...of the policy conand, tu order to recover, the assured must show himself within those terms ; and, if It appears that the contract has been terminated...compliance of the assured with the terms of the contract Is n condition precedent to the right of recovery, if the assured has violated or fail to perform the... | |
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