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

Front Cover
Bobbs-Merrill Company, 1907 - 658 pages
 

Contents

CHAPTER IV
50
PAGE
53
Interest of beneficiary designated by insured
56
Interest of the assignee continued
63
305
68
Want of interest as a defense under incontestable clause
69
What must be communicated
75
Concealment through inadvertence or negligence
81
SECTION PAGE 102 Warranties distinguished from representations
87
Affirmative and promissory warranties
88
Effect of breach of warranty
89
Construction of statements in the application 90
106
Construction 91
107
Oral representations 93
109
Statement of expectation or belief 94
110
Affirmative and promissory representationsContinuing war ranties 95
111
Oral promissory representations 96
112
Conclusion 98
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 126 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
Notice of time when premium is
134
Right to recover premiums paid
135
Assessments in Mutual Companies and Benevolent Societies 136 Dues and assessments
136
Liability to assessment 138 Effect of nonpayment of assessment
137
Death during period of suspension Reinstatement WaiverEstoppel
137
PART V
137
119
137
123
137
PAGE 128 129 130 131 131 133 134
137
160a Limitations on authorityContinued
140
Limitations contained in applicationConstructive notice
142
Preparation of application
143
Notice
144
PART VI
164
Notice of loss to local agent
165
Rights and liabilities of agent
166
206
172
Description of the propertyIn general
175
Description of buildings
183
SECTION
188
144
190
222
197
Concealment and misrepresentation
204
The premium
207
Neglect to protect property
210
101
213
Provisions Relating to Interest in and Care of Property
219
146
221
Consent of the companyWaiver
226
254
236
Plate glass frescoes and decorations
237
Ownership
242
Building on leased ground
251
Scope of provision
259
Waiver
347
Right of mortgagee
353
Time of Bringing Suit
359
Prorating Loss with Other Insurers 870
363
The pro rata clause
371
Conditions Affecting Mortgagees
378
Time when limitation begins to run
382
Rights of beneficiary
389
Right to proceedsBankruptcy
395
Powers of Agent
401
Manner of making assignment
407
In general
410
SECTION
411
Where there is no provision as to the effect of suicide
413
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
External violent or accidental injuries
430
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
411
451
Injuries while engaged in designated business
452
Notice of injury or claim
458
Credit Insurance
465
General statement
473
431
481
436
487
Implied warranty in voyage policy
493
Exclusion of warranty by terms of policy
501
452
507
Restraint justifying deviation
513
468a Neutrality
520
Stranding
527
479
533
482
540
486
551
CHAPTER XIX
557
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
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
Transfer by death
648
Subrogation
651
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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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