The Law of Fire Insurance, Volume 2

Front Cover
Baker, Voorhis & Company, 1905 - Fire insurance
 

Contents

As imposed by contract
30
Knowledge of company when policy issues may be element of estoppel 29 Mere knowledge by company does not relieve in Must be elements of est...
31
Effect of warranty as to occupation Breach by tenant
36
When breach as to occupation
37
Warranty as to distance of buildings
38
71
43
888
49
73
53
94
54
Distinction between affirmative and promissory warranties Latter not created by implica tion or construction Promissory warranty must be complied ...
62
Compliance with and construction of promis sory warranty Question of fact or law 41 When insured has reasonable time to comply with promissory...
64
Construction of promissory warranty building in course of erection Mill run only part of the year 43 Promissory warranty as affected by impossibilit...
65
Construction of detached Effect of specific
66
statement as to exposure 45 Application of warranty to new location 46 Construction of statement as to occupation as affected by condition when pol...
67
Limitation as to construction of warranty as to watchman Effect of possession by sheriff
69
Warranty as to watchman not created nor ex tended by construction
70
When insured has reasonable time to comply 52 Warranty of no regular watchman
71
CHAPTER FOURTH
79
Effect of insufficient parol contract of insurance
89
Policy voidable only
106
Estoppel after issue of the policy
114
Authority of agent Presumption Evidence
116
Effect of removal and merger of stock
122
Statement of Interest
125
violation or breach of conditions in policy
129
116
133
Construction of language in policy applicable
139
tract
145
Pleading Evidence Burden of Proof
148
Requisites of unconditional and sole
152
Words added to deed after execution may present
163
Effect of executory contract on ownership
169
Question of fact
174
TITLE IV
180
Policy as a written contract not affected by mere
191
As imposed by contract
192
void Omission to make inquiry cannot
199
TITLE VI
205
able
211
Effect of insured parting with all his interest
216
As imposed by contract
217
Application of clause except change of occu
224
Application of the word interest
226
Effect of taking in partner with interest
233
Void sale Insured continuing in possession 245
245
TITLE VIII
255
Assignment of policy not dependent upon form
261
Assignment may be made conditional
268
CHAPTER SIXTH
277
Insureds custom does not relieve him of neces
282
As imposed by contract
288
Violation of condition renders policy void
294
Balancing or comparison of risk not admissible
297
No application to liens or judgments May
304
of fact
314
Alterations or Repairs by Mechanics
318
ants
325
As imposed by contract
331
Ignorance no excuse
334
poses
341
Usage or custom Ambiguity in description
349
Effect of sleeping in house
380
Ceasing to be occupied for one of several pur poses described does not void policy
381
Construction of the word vacating
382
Time limitations as affecting construction of old forms
383
Occupancy of building used for manufacturing purposes
384
Occupancy of manufacturing establishment gov erned by known use and character
385
When a tannery is occupied
386
When a church is vacant or unoccupied
387
CHAPTER SEVENTH
397
Effect of promise by insured
412
Insureds agent or broker having general author
420
payment by substituted company
426
Right of broker to commissions
433
Agents
437
Agency founded upon contract Consent
443
Exceptions
452
Partnership or firm as agent of company
456
Authority of agent not proved by admission
462
Limitation in policy as to evidence of agency
468
Estoppel by clerk
470
Broker may be agent to collect premium Ques
480
When broker or agent not personally liable
485
Limitation of authority in policy not con
493
Local agent not liable for fraudulent act
499
When authority of agent question of fact
502
Power of State over its citizens
508
TITLE III
515
Renewal as affecting partnership interests
520
iii
523
Broker agent of insured
532
Effect of giving credit for premium
535
TITLE V
542
When original insured may have right of action
548
Reinsurer may have right to consent to assign
554
Personal liability of directors of insolvent com
559
property
566
Agent may have authority to bind the company
572
Sufficiency as tested by insureds obligation to pay premiumContract mutual
576
Must be evidence of acceptance
577
Retention of application insufficient Accept ance necessary Evidence
578
As dependent upon acceptance by insured
579
Effect of delay in acting upon application 27 Effect of no oral agreement prior to delivery of policy
580
Sufficient parol contract cannot be made condi tional by telegram
581
Subject to conditions in policy
582
Conditions requiring indorsement of written con sent What conditions operative
583
Binder subiect to conditions in policy Termi nation under special provisionCancellation
584
Binder does not contain whole contract
585
Binder subject to usage and custom Cancella tion Question of fact
586
Presumption as to division of risk on binder When particular company must be designated
587
As affected by delivery of policy
588
Admissibility of parol evidence to establish condi tion precedent to contract taking effect
589
Renewal without request of insured Agent
590
Mistake may be corrected in equity
591
Parol contract as affecting right to obtain policy after fire
592
TITLE VIII
598
Effect of insureds failing to read policy
604
Suit to reform not sustainable after failure
609
CHAPTER EIGHTH
621
Authority of clerk of general agent Evidence 470
682
to fire
691
Copyright

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Page 400 - This policy shall be canceled at any time at the request of the insured; or by the company by giving five days' 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 that when this policy is canceled by this company by giving notice it shall retain only the pro rata...
Page 645 - Loss or damage, if any, under this policy, shall be payable to (here insert name of the party), 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 of the within.
Page 622 - ... nor shall any such company or agent pay or allow, or offer to pay or allow, as inducement to insurance, any rebate of premium payable on the policy or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy contract of insurance.
Page 441 - In any matter relating to this insurance no person, unless duly authorized in writing, shall be deemed the agent of this company.
Page 646 - Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all securities held as collateral to the mortgage debt...
Page 218 - ... 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) ; or (e) if this policy be assigned before a loss.
Page 656 - Any corporation, person, company or association transacting the business of fire insurance in this state shall cancel any policy of insurance upon the request of the insured or his legal representatives, and shall return to him or to such representative the amount of premium paid, less the customary short rate premium for the expired time of the full term for which the policy has been issued or renewed, notwithstanding anything in the policy to the contrary.
Page 659 - Materiality is to be determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in forming his estimate of the disadvantages of the proposed contract, or in making his inquiries.
Page 643 - Whoever for compensation acts or aids in any manner in negotiating contracts of insurance or reinsurance or placing risks or effecting insurance or reinsurance for a person other than himself, and not being the appointed agent or officer of the company in which such insurance or reinsurance is effected, shall be deemed an insurance broker, and no person shall act as such insurance broker save as provided in this section.* * * * § 20.
Page 670 - Each party to a contract of insurance must communicate to the other, in good faith, all facts within his knowledge which are or which he believes to be material to the contract, and which the other has not the means of ascertaining, and as to which he makes no warranty.

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