A Treatise on the Law of Insurance of Every Kind, Volume 1

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Lawyers Co-operative Publishing Company, 1917 - Electronic books - 7017 pages
 

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Contents

when premises vacant or unoccupied instances
14
whether notice must be actually received
14
agent may waive conditions notwithstanding inhibition in policy
14
valued policy laws
14
electric lighting fire risk
14
When no return in case of several policies
14
Excepted risks
14
refusal of other insurers prior applications
14
beneficiaries wife and children exemptions
14
validity of provisions as
14
SUBJECT OF INSURANCE
14
i
14
when policy avoided when not instances
14
warranty to sail marine risk
14
Whether warranty of seaworthiness in time policies in this
18
Suicide felonious or otherwise sane or insane
20
2275a Expiration of time limit for redemption not an alienation
24
Acts of vendor where person holds under contract of purchase
32
blockade 8 2424 Compulsory delay or deviation by acts of crew 2425 Departure from route or delay to save life or property 2426 Delay at port or ...
33
Continuance of risk while loading at specified port
39
surance
49
Payment by and liability for premium of agent or broker
50
representation
58
1
66
Whether war excuses nonpayment of premium
67
1180a Insanity as affecting right to paidup policy
69
right to proceeds
71
guaranty or fidelity insurance employers liability
77
duration of risk
78
factories mills 1752 Materials not included in building unfinished vessel 1753 Medals models specific description standard policy 1754 Money spe...
79
Where insured is prevented by sickness from returning within
82
Insurance contract based on fraud invalid
91
Lien of subagent or broker
95
Moored twentyfour hours in good safety
96
wife deceased at time of issuance paid
102
agreement incomplete at time of loss mortal illness
104
Risk terminates where goods are transshipped without necessity
106
What does not amount to an alienation sale transfer or change
108
Freight where voyage insured consists of distinct or successive pas
111
accident
112
the risk
119
reinsurer 912 Interest in solvency of insurer 943 Interest in royalties
120
Effect of interim receipts
127
joint owners 94 Partner life risk
129
steam boiler
135
Certificates in mutual benefit societies or associations
146
Division and kinds of policies
147
Wager policies
148
Wager policies valid at common law now void
149
conflict of laws
150
Valued policy may be shown to be a wager
151
Policy valid at inception cannot become wager
152
1123a Tender by bank check
161
2309a Consent by assurers agent
165
Statute requiring insurer to pay losses in full constitutional
168
voyage must conform to course fixed by usage
175
whether charterer may insure eo nomine difficult
178
regular life policy exemptions
179
bequest by partner Virginia
193
Where true answers are given but agent inserts different ones
195
Changes by encumbrances on property
198
knowledge of assured
201
INSURABLE INTEREST
204
construction 2439 Carrying letters of marque no deviation in itself 2440 Liberty clauses to cruise capture etc for designated time 2441 Whether the...
205
liability generally
206
kinds of insurance to which rule applicable
222
omitting customary statement amount unknown
223
697m Insurer not liable on oral contract of president to pay agent annu
227
Where bequest by wife will not pass interest in policy on hus
229
Contract stipulation may supersede the above rule
231
when beneficiary not bound by action of com
236
Usage must be well established and notorious
241
Usage may be of recent origin
242
Usage must be reasonable
243
Usage must be uniform
244
Parties may by express contract include or waive usage
245
Usage admissible where contract ambiguous or obscure
246
Usage inadmissible to contradict or substantially vary the plain terms of policy
247
insurance by voluntary agent
256
right of beneficiary to recover
257
waiver
263
failure to find agent agents neglect or misrep
267
Rescission or avoidance of compromise or release
271
Lease of insured property
273
generally
276
payment of premium note generally
277
prior parol agreements as to payment
284
demand or notice etc forfeiture
294
when notice sufficient
307
policy retroactive
309
Policy may terminate by its own limitation or by actual loss
317
119a Same subject
318
CHAPTER V
341
prior policies marine insurance contribution where
342
Conclusion
355
133a Same subject
358
Not touching at privileged port
361
conclusion
364
assessments premium notes
370
Rights relating to rescission or cancelation must be exercised with
374
trial trips delay usual
378
instances
380
compromise insolvency of insurer
382
135a Same subject
388
notice to defend
394
loss should be total 154 Wager policies what are and are not Transferred to 894a 954a herein 155 Interest policy defined 156 Open or unvalued p...
396
constitutional law power of legislature
397
Sale and mortgage back where policy prohibits alienation of
402
CHAPTER VI
404
What is other or double insurance 2456 Overinsurance
406
Agency arising from necessity or emergency
408
Agent delegated for special purpose
409
person referred to by company
410
Powers of clerk
411
Powers of medical examiner
412
Whether one is agent or broker
413
Whether broker is agent of insured or insurer
414
Policy defined
416
what the valuation includes
418
how far valuation conclusive
419
generally 1787 Concealment arising from negligence accident mistake etc avoids
421
generally
424
effect of overvaluation fraudulent valuation 163 Valued policies statutory regulations
425
Agents authority is coextensive with his employment
426
Authority which the agent represents himself to possess
427
Private restrictions upon agents authority
428
subagents 429 Assured bound by knowledge of limitations upon agents authority
429
Obligation to inquire as to agents authority
430
conflicting clauses
432
Limitation of agents authority in policy is valid
433
waiver standard policy 434 Authorities holding that restrictions in policy on agents authority bind insured
434
threefourths value
435
overvaluation fraudulent valuation 163d Valued policy law property destroyed by more than one fire 163e Valued policy law real and personal pr...
436
improvements upon real property loss of rents not covered 163g Valued policy laws mutual companies mutual benefit societies
438
partial loss
439
valued at not conclusive
440
Valued policies prior insurance
441
what
442
168a Rent insurance policy analogous to valued policy 169 Mixed policy defined 170 Time policy defined
443
computation of time
444
custom etc course of business similar acts
445
trading voyage nature of contract
446
continuance after expiration of time 174 Voyage policy defined
447
custom alteration of contract
448
custom etc submission to award
449
custom proofs of loss
450
custom etc surrender of policy
451
custom transfer of insurance
452
custom etc negotiation of drafts
453
custom etc cancelation of policy
454
generally
455
455a Same subject 456 Ratification of agents acts operates retroactively
456
Ratification of agents acts must be entire
457
Ratification of agents acts must be one which principal could have authorized
458
what it usually contains policy to contain entire
459
the premium
460
retaining benefits
461
neglect to disaffirm
462
agent must have assumed to act for claimed principal
463
other insurance
464
Power to bind insurance company by contracts other than those
465
necessity of signing by employee agency waiver
468
of insurance
469
generally
470
misrepresentations
472
continued
473
statements made
474
CHAPTER VII
475
conditions annexed to policy etc when
476
To whom premiums may be paid
478
481a Same subject
482
beneficiary
485
Payment by check or draft
488
where applicant is illiterate
490
agents knowledge
496
application
499
Purpose or intent of such statutes
503
parol evidence admissible
505
marine mutual societies 2457 Conditions as to other insurance 2458 Construction of conditions as to other insurance 2459 Where other insurance is...
509
knowledge of insured
511
credit guarantee insurance 527 Where contract of agent is personal
527
Power of agent to subscribe policy
528
Power of agent to execute retroactive policy
529
Countersigning policy by agent
530
Where subagent signs for agent
531
waiver by agent
532
generally 333a Same subject
533
new agreement consideration or estoppel 533c Same subject industrial insurance agent 533d Same subject mutual benefit etc companies or associa...
534
knowledge before and after contract made
535
generally
536
agents conclusions or advice 537a Power of attorneyatlaw as agent to estop insurer by advice to insured
537
power to renew
538
Revival of policy by agent
539
Power of agent to orally waive
540
CONSTRUCTION OF POLICY
541
employers liability policy
542
agent
543
due notice of devia
544
agent of local lodge of fraternal order 514 Knowledge not obtained in course of agents employment 544a Same subject what evidence necessary to ...
545
Agents knowledge obtained in individual capacity
546
Knowledge of company at whose instance another company issues policy
547
Agents power to grant permits affecting risk
548
power to alter policy 550 Agents powers in relation to the premium
550
Agents authority to fix rates for premium
551
Agents agreement to give notice when premium
552
Agents authority in regard to first and subsequent premiums
553
Policies construed like other written contracts
554
when no waiver cases
555
other insurance waiver
557
other insurance when no waiver instances
558
change of risk waiver
559
construction of warranties
560
assignment when company not bound by agents acts
561
keeping prohibited articles waiver
562
title and interest waiver 563 Agents authority encumbrances waiver instances
563
encumbrances when no waiver
564
vacant unoccupied waiver
565
Contract should be given effect if possible
566
cancelation
567
location of property removal of property
568
technical etc words
572
notice of loss
575
what is not sufficient notice of loss
576
estoppel
577
waiver
578
waiver of proofs of loss condition conflicting with settled rule of
579
benefit certificates
580
Delivery of proofs of loss to agent
581
place of delivery waiver by agent
582
What agent may waive proofs of loss or death
583
proofs of loss or death
584
584a Same subject 585 Where no waiver by adjuster of proofs of loss
585
how far binding on company
586
What agent may not waive proofs at loss
587
what is not a waiver agent
588
failure to object
589
examination by agent waiver
590
waiver agents denial of companys liability other grounds
591
delay caused by agent
592
proofs of loss waiver
593
waiver proofs of loss
594
agent
595
loss waiver by agent
596
waiver agent
597
generally
598
settlement award assignment
599
arbitration appraisement
600
subrogation
601
time limit for suing waiver
602
Abandonment to insurers agent
603
authority how conferred
608
power to hypothecate policy 609 Right of general or special agent to insure
609
Agency arising from situation with reference to the property
610
Agency may be created by possession of the policy
611
possession of written application
612
mutual company 614 Authority of partner
614
615 Authority of part owner
615
616 Authority of joint owner
616
Authority of tenant in common
617
Authority of ships husband 619 Agent effecting insurance for whom it may concern
619
Treasurer of local lodge may be trustee
628
Authority of prize agents to insure
629
insurance by carrier
630
Where husband acts as agent of wife
631
adjustment of loss 633 Authority of insureds agent as to proofs of loss or death
633
master 635 Broker not agent of insurer to receive notice of transfer of policy
635
Agent or broker procuring insurance cannot cancel
636
Notice of cancelation to agent or broker procuring insurance in sufficient
637
cases and authorities
638
when notice to insureds agent or broker is sufficient
639
agent of both parties
640
cancelation custom 612 Ratification by insured of agents acts waiver
641
opinions and cases
643
Concealment by principal from agent to effect insurance 645 Concealment by principal from general agent
645
conclusion
646
Usage cannot legalize an illegal act 253 General usage may be controlled by evidence of a different usage
647
Usage controls implied limitations
648
liberal construction
649
What is sufficient evidence of usage
650
cases
651
cascs
653
specified or geographical order of visiting ports
654
generally
655
CHAPTER X
656
generally
657
Duty of agent to inform principal
658
Effect on insured of agents neglect of duty to insurer
659
Agent cannot issue policy to himself
660
Agent cannot act for both parties
661
Materiality of alteration
663
early decisions 285 Trading with enemy mistake or ignorance no excuse 286 Defense of alien enemy
666
cases
671
life insurance
673
Effect of war on preexisting valid contract
674
loss before war 291 Same subject that war merely suspends the contract
675
incontestability after specified time substituted policy
676
Right of citizen to bring property from enemys country
679
license to trade
680
domicil
681
Attachment of risk at and from home port
683
what constitutes domicil
684
Residence with intent to return
686
Change of domicil
687
what is enemys country
689
commencement and cessation of hostilities
690
British orders in Council
691
marine risk
696
intention to subsequently wage war 299b Alien enemies status of power of government over acts of Congress effect of war declaration
697
Rights of agents as to the premium
698
TITLE IV
704
When matters of description or facts relating to property
705
manner mode or place of notice
706
defenses
712
Proof of agents authority
718
CHAPTER XIII
719
same industrial insurance
727
CHAPTER XIV
731
order of Knights of Pythias widow
737
foreign companies
742
No vested right though beneficiary has possession of certificate
743
unmarketableness by reason of liens defects of title
747
Where member dies before change of beneficiary is complete
751
concealment suppression or spoli
759
insurance business as franchise
762
Absent brother as beneficiary
763
children surviving
769
who are instances
774
Exception of loss from existing regulations does not include sub
777
immediate family
780
corporate powers ultra vires
782
heirs or representatives
786
CHAPTER XV
788
related to
792
marine risk
795
Pennsylvania
796
decisions 274 Alteration with intent to obtain insurers consent 275 Same subject decisions 276 Alteration substitution of parties 276a Alteration o...
798
DIFFERENT FORMS OF INSURANCE CLASSIFIED
802
where insured compelled to marry
810
policy to be void in case of death by violation of
813
agreement to become mistress
816
Subsequent marriage of insured
825
339g Title guaranty contract constitutes insurance
826
Where beneficiary under life policy dies before assured
828
PARTIESMUTUAL COMPANIES BENEFIT ETC SOCIETIES
829
subsequent marriage of insured or member effect where wife is designated as beneficiary
830
Where death of beneficiary occurs after that of insured but before payment of fund
831
common disaster
832
Where beneficiary kills insured
833
Killing assured by insane beneficiary
834
Where killing is involuntary
835
Killing by sane assignee
836
Assignment by beneficiary
837
837a Equitable assignment by beneficiary 838 Ratification by beneficiary of assignment
838
Assignment to creditor
839
wife as beneficiary
840
Assignment by beneficiary of life policy to one having no insurable interest
841
Lien of assignee on paidup policy
842
Where wife joins in assignment of policy on husbands life
843
statute forbidding married woman becoming surety
844
Assignment by wife of policy on husbands life
845
control in case of assignment benefit certificate
846
Effect of permission permitting assignment
847
Beneficiary charged with notice of contents of policy
848
Possession by beneficiary of mutual benefit certificate
849
Beneficiary may be trustee of fund though not so designated
850
if not to beneficiary designated
851
debt of associa
852
CHAPTER XVIII
858
benefits payable in case of sickness or disability
867
tion
869
fund cannot be garnished
873
pany
875
Power of directors to assess cannot be delegated
880
insurance of husbands life sole benefit of wife mutual
881
Insurable interest defined
887
generally
888
Necessity of an insurable interest
889
Insurable interest distinguished from the property or life insured
890
Insurable interest at common
891
No insurable interest under unenforceable contract
892
Interest must be neither illegal nor immoral
893
Wager policies
894
incontestable clause 894h Wager policies foreign statute extraterritorial effect 895 Insurable interest does not necessarily imply property
895
qualified interest
896
expectancy inchoate rights
897
railroad companies
898
consanguinity or affinity
899
Whether insurable interest need be stated
900
life insurance
902
Continuity of interest
903
partial interest remaining
904
The interest need not be indefeasible
905
Obligation of insurer to ascertain insurable interest in property
906
Insurance by common carrier against losses from negligence etc
907
several interests
912
Interest of administrators and executors
913
CHAPTER XX
914
payment of premium as a factor
915
consent of insurer to the assignment
916
mutual benefit societies
917
conclusion
918
summary of the decisions
919
policy payable as his interest may appear
920
Interest of donor or contributor
921
generally
922
pawnbroker
923
Innkeepers
924
Carriers
925
wharfingers
926
consignees
927
Merchant furnishing dealer with stock
928
Agents
929
Consignor
930
supercargo
931
Trustees
932
Cestui que trust
933
CHAPTER XXI
934
931a Receivers 935 Stockholders
935
935a Corporation in life of stockholder 935b Corporation in life of its officer 936 Sureties
936
srety on appeal
937
Indorser of note
938
drawee
939
Indorser and indorsee of bill of lading
940
Policy cannot be surrendered without consent of beneficiary in life policy
946
trustee of proceeds 854 Surrender of policy avoided for mental incapacity 855 Minor children beneficiaries consent to surrender policy by in sured ...
949
Creditor attaching or levying execution
950
Attaching creditor must insure his interest
951
Judgment creditor 953 Creditor in life of debtor
953
wager policy amount recoverable
954
Owner of goods concealed from creditors
955
One whose goods are levied
956
life risk
957
property
958
Officer serving attachment or making levy
959
Lessor
960
sublessee
961
855a Death of beneficiary before surrender of policy for reduction of amount
962
Tenant at sufferance
963
963a Tenant at will 964 Life tenant
964
964a Life tenant assignee of in life of 965 Remainderman
965
Tenant for life and remainderman joining in insurance
966
life risk
967
Tenant in common
968
Tenant by curtesy
969
Vendee or one under contract for purchase or for deed of tenancy
970
PARTICULAR INSURABLE INTERESTS CLASSIFIED CONTINUED
972
Vendee or one under contract for purchase or for deed
977
parol agreement
979
qualifications
980
cases
981
conditional sale 981b Purchaser of goods on credit same married woman 981c Parties under agreement to exchange property 982 Vendor or one w...
982
Vendor
983
983a Seller or purchaser of goods to arrive 984 Vendee
984
improvements 985 Purchaser under execution or judicial sale
985
Purchaser in possession of land title not to pass till building com pleted
986
One in possession under claim of right
987
One in possession with power of sale
988
insurable interest in 989 One in possession to care for and rent property
989
generally
990
Mere intruder or trespasser
991
Disseisor
992
life risk
993
absolute interest 994a Easement of support in party wall
994
buildings constructing under contract
995
builders materialmen mechanics
996
Advances
997
Ships general agent has no insurable interest in advances
998
Voluntary advances on vessels
999
One expending money for his own benefit on anothers property
1000
Liens
1001
Mechanics lien
1002
Mechanics and materialmen in ship
1003
Shipowner in ship and cargo
1004
lien
1005
Charterer
1006
war risk 1007 Vendor and vendee in ship and freight
1007
What interest of shipowner in freight includes
1008
Requisites of an interest in freight
1009
Shipowner in freight
1010
vessel subchartered 1011 Charterer who is part owner
1011
Charterer in expected freight
1012
separate risks
1013
Charterer insuring against special peril
1014
Advances by charterer on freight
1015
When charterer has no insurable interest in freight advanced
1016
Owner in case of bottomry or respondentia
1017
Lender in bottomry or respondentia
1018
Expected profits
1019
death of wife executor has no power to surrender policy
1020
Passage money
1021
1021a When interest insured is disbursements not passage money 1022 Mariners wages
1022
Supercargo
1023
outfits
1024
Captors
1025
CHAPTER XXII
1026
Mortgagor
1027
Mortgagor of personal property
1028
Extent of mortgagors insurable interest
1029
Mortgagor of ship
1030
Relation mortgagees insurance sustains to the debt
1033
Mortgagee of ship
1034
Mortgagee of goods and freight
1035
1035a Mortgagee in possession of goods as security 1036 Extent of mortgagees insurable interest
1036
Several mortgagees
1037
Mortgagors interest after judgment or decree
1038
Mortgagor after foreclosure sale
1039
Cessation of mortgagors interest
1041
Effect on mortgagees interest of sale and assignment
1042
purchaser from vendee of note and trust deed 1042b Assignment by mortgagor to mortgagee 1043 Disclosure of interest by mortgagee
1043
Assignee of mortgagee
1044
Mortgagor for mortgagee
1045
Mortgagee after foreclosure sale
1046
Interest in homestead
1047
Husband in personal community property 1048a Estate by entirety
1048
wifes personalty household furniture 1049 Husband in property of wife 1049a Same subject when husband has insurable interest instances 1049b S...
1049
Promise of insurer to pay although loss not covered by policy
1050
Railroad right to recover from although insurance paid
1065
Loss by theft excepted
1067
Insurers knowledge
1076
Copyright

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Common terms and phrases

Popular passages

Page 17 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 694 - I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of or interference with property, or any disturbance of peaceful citizens in any part of the country.
Page 698 - Whenever there is declared a war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government...
Page 117 - In consideration of the stipulations herein named and of dollars premium does insure for the term of from the day of 19 , at noon, to the day of *..... 19. . . ., at noon, against all direct loss or damage by fire, except as hereinafter provided...
Page 695 - States, then and in such case it may and shall be lawful for the President, by proclamation, to declare that the inhabitants of such State, or any section or part thereof, where such insurrection exists, are in a state of insurrection against the United States ; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue...
Page 194 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Page 524 - There is an implied warranty that the adventure insured is a lawful one, and that, so far as the assured can control the matter, the adventure shall be carried out in a lawful manner. THE VOYAGE 42. Implied condition as to commencement of risk (1) Where the subject-matter is insured by a voyage policy 'at and from
Page 16 - ... to the judge of the admiralty, the recorder of London, two doctors of the civil law, two common lawyers...
Page 64 - ... 3. Insuring any one (a) against loss or damage resulting from accident to or injury suffered by an employee or other person, and for which the person insured is liable...
Page 502 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.

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