A Treatise on the Law of Insurance of Every Kind, Volume 3Lawyers Co-operative Publishing Company, 1917 - 7017 pages |
Common terms and phrases
agent American amount application Arnould on Marine assessment assured assured's attached breach by-laws cancelation cargo certificate charter cited concealment condition contract court covered declared default discharge effect Emerigon entitled estoppel Fire & Marine forfeited forfeiture fraud freight fund Hanover Fire held insurance company insurer's intent Iowa Knights of Honor Knights of Pythias Legion of Honor liability Lord Ellenborough Lord Mansfield loss Mass material fact ment Minn misrepresentation mium Mutual Benefit Mutual Fire N. Y. St N. Y. Supp nonpayment Northwestern Mutual notice paid-up policy parties payable Phoenix port premium note premiums paid property insured provides received recover representations rescission risk rule ship Simey specified Stat statements statute stipulation surrender terminate thereof tion tual underwriter vessel void voyage waived waiver warranty York
Popular passages
Page 3166 - A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the insurer, whether the policy be then issued or not; and, for the purpose of showing when the proposal was accepted, reference may be made to the slip or covering note or other customary memorandum of the contract.
Page 2878 - ... their own, or held by them in trust, or on commission, or on joint account with others, or sold but not delivered, contained in
Page 3150 - ... if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 2286 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 2764 - No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this state, shall be deemed material, or render the policy void, unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable, and whether it so contributed in any case shall be a question for the jury...
Page 2793 - Such a renunciation does not of course amount to a rescission of the contract, because one party to a contract cannot by himself rescind it, but by wrongfully making such a renunciation of the contract he entitles the other party, if he pleases, to agree to the contract being put an end to, subject to the retention by him of his right to bring an action in. respect of such wrongful rescission.
Page 2605 - ... premium upon so much of the sum by them assured as they shall be, by such prior assurance, exonerated from.
Page 3175 - A warranty, in the following sections relating to warranties, means a promissory warranty, that is to say, a warranty by which the assured undertakes that some particular thing shall or shall not be done, or that some t-ondition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts.
Page 2816 - ... notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining the customary short rate; except...
Page 3076 - When the applicant says that he has never had any "serious illness," the courts will construe the meaning to be that he has never been so seriously ill as to permanently impair his constitution, and render the risk unusually hazardous.