The Law of Fire Insurance, Volume 1

Front Cover
Baker, Voorhis & Company, 1905 - Electronic books
 

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Contents

Description
18
Contract with infant
20
TITLE II
28
Effect of settlement with owner and mortgagor
36
TITLE IV
45
Not essential in equity to return or tender
53
Direct loss or damage by fire
56
7 General words controlled by specific condition 8 Knowledge of agent
65
17 Mill building and additions 18 Adjoining and communicating as a question of fact
66
subsequently built 22 Building includes connecting walls 23 Knowledge of company Wrong description may be immaterial
76
Building includes permanent fixtures 25 Boiler engine and machinery
77
Intention as affecting permanent fixtures 27 Fixtures of a tenant 28 Store fixtures
78
Merchandise and packages not specifically in sured 30 Construction of description broad and liberal
79
When language plain and clear construction not forced to favor assured
81
Loss or damage by fire as imposed by contract
84
Household furniture and wearing apparel
99
Depreciation when statute makes policy a valued one
116
Effect of fraud when statute fixes amount of loss Contract severable 49 When building is a total loss
117
When building cannot be said to be totally de stroyed Total loss Limitations
118
Total loss as applied to several buildings one en tire plant 52 How total loss ascertained Tests
119
Photographs as evidence of total loss
120
Total loss as question of fact or law 119 121 TITLE V
121
Loss caused solely by explosion No preceding fire
122
Damage by concussion of air caused by explosion in another building
123
Meaning of word fire as preceding explosion
124
Explosion caused by lightning
125
Burden of proof as to cause of damage
126
Fall of building result of fire Question of fact
127
Meaning of fall 128 13 Meaning of part of building Construction
128
Burden of proof as to fall of building 15 Fall of building caused by explosion within it followed by fire 129 16 Specific exemptions exceptions and l...
129
Specific exception not included or covered by gen eral description
131
If appraisal includes property wholly consumed
133
Appraisal as imposed by contract
135
113
145
Good faith in attempted selection of umpire ques
157
cepted
158
Insured bound by his inventory Effect of fraud
167
Award binding only to extent of subject matter submitted 179 73 Concealment of material evidence by insured
179
Company cannot retain advantage of award ob tained by fraud of adjuster on claim that he had no authority to act 76 Meaning of misconduct by app...
180
Duty of parties when award objected to on ground of fraud or misconduct
181
Not necessary to return or tender money received under a void award before suit in equity
182
Remedy when distinction between commonlaw and equity practice prevails Burden of proof No cause of action on award itself
183
Competency of evidence of appraiser
184
Insured may obtain relief from effect of limita tion clause by crossbill in same suit 87 Waiver of appraisal
185
Insured may by notice create evidence of waiver
187
Denial of liability when coupled with demand for appraisal
188
No waiver when demanded in proper time 93 When policy provides for written request
189
Failure to demand as evidence of waiver 95 Appraisal may be made evidence of waiver
190
No waiver by appraisal under standard from Effect of other acts in connection Waiver
191
Rule of waiver as imposed by contract
192
Appraisal under statute fixing amount of loss
193
PAGE
194
131
199
Effect of insurance company employing nearest
248
Waiver by renewal of negotiation
257
191
265
duce inventory and books
268
Waiver by agent after issue of policy
272
Waiver by adjuster Question of fact Solicit ing or local agent 272a
272
Examination of books by adjuster no waiver 272b 16 Nonwaiver agreement by assured 272b 17 Destruction of safe and contents
272
Meaning of fireproof safe SU
273
TITLE VII
274
Effect not obviated by amount of loss
277
Not necessary to establish beyond reasonable doubt May be inferred
278
When proved by circumstantial evidence
279
Alterations and erasures in books ORS
280
Effect of difference in amount sworn to in proofs and on trial
281
Actual extent of loss relevant on question of in tent
282
What is not fraud or false swearing
283
Claiming money payable to third party State ments as to title 284 17 Not fraud to pay premium after loss
284
Question of fact for jury 285 19 Waiver of forfeiture 285 20 Fraud voids entire contract
285
Intentional fire caused by insured
286
Effect of statute fixing amount of loss
287
Fraud to apply for insurance on destroyed prop erty Not when prior sufficient oral contract
288
The options of the insurance company
289
RULE17 Court of equity will not interfere Remedy
293
CHAPTER SIXTH
304
tains coinsurance clause and other does not
318
PAGE
348
271
355
CHAPTER EIGHTH
357
u vu
362
341
364
282
370
285
374
Mortgagees right to settle with other companies
378
CHAPTER NINTH
385
Effect of death of insured
389
When time expires on Sunday
390
Computation of time in months
392
Filing præcipe for summons Distinction be tween setting aside service and summons
393
Amendment as to name of party
394
Suit in equity may be regarded as continuance of action at law Exceptions
395
Statute may permit new action after nonsuit
396
Effect of bad faith on part of company retaining policy and refusing copy
397
Waiver of the limitation
399
Waiver in appraisal Estoppel
402
Extension of time by company
403
Limitation as applied to Lloyds policy
404
PAGE
405
Limitation on authority of agents in policy
441
CHAPTER ELEVENTH
449
Contract made when mailed
450
CHAPTER TWELFTH
474
Statutory provisions
521
286
611

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Common terms and phrases

Popular passages

Page 557 - 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 137 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 486 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions, as may be indorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 514 - ... property, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property...
Page 111 - 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 475 - 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 478 - ... 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 334 - ... 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 511 - This Company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.
Page 455 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...

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