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accident accidental means action Affirmed agent agreement alleged amount Appellant Appellee application Ass'n assessment assured authority beneficiary bond Butz by-laws cause Cent certificate Circuit Court City claim clause common law condition construed contract of insurance County Court of Appeals court of equity damages death Decision rendered defendant appeals defendant's demurrer double indemnity effect entitled estopped evidence fact fire insurance forfeiture fraud held home office indemnity injury insurance company insurance policy INSURANCE—ACTION INSURANCE—FIRE intention issued Judge judgment for plaintiff jury liability ment mortgagee N. Y. Supp Northwestern Nat notice paid pany parties payable payment person Plaintiff in Error policy of insurance premiums proof of loss property insured question reason recover S. W. Rep statement statute stipulation subrogation Supreme Court surance Surety sustained thereof tion trial Trust verdict waived waiver warranty York York City
Page 281 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 312 - ... 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 267 - If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.
Page 281 - For, the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.
Page 652 - Insurance is authorized to write, policies so providing — "(a) In case of death, permanent disability which prevents the person injured from performing any and every kind of duty pertaining to his occupation...
Page 312 - If, with the consent of this company, an interest under this policy shall exist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the conditions hereinbefore contained shall apply in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be written upon, attached, or appended hereto.
Page 624 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 83 - 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.