The Law of Fire Insurance, Volume 1

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

Contract with infant
20
TITLE III
31
Effect of settlement with owner and mortgagor
36
Foreclosure
43
Effect of receipt in full
51
Not essential in equity to return or tender
53
Part of description false
60
Description must apply to property
66
Addition of words after fire
67
Doubtful meaning Admission of parol evi dence
68
General words controlled by specific condition
69
Knowledge of agent
70
Limitation as to presumption
71
Stocks of merchandise
72
Building and addition attached
73
Limitation upon permission for addition
74
Adjoining and communicating as a question of fact
75
Certain described building does not include one subsequently built
76
Building includes permanent fixtures ryny 25 Boiler engine and machinery
77
Intention as affecting permanent fixtures
78
Merchandise and packages not specifically in sured
79
When language plain and clear construction not forced to favor assured
81
Loss or damage by fire as imposed by contract
84
posed by contract
90
dence
97
Household furniture and wearing apparel
99
erty having no market value
106
Assured not limited to relative value of building
112
Depreciation when statute makes policy a valued
116
contract
122
If appraisal includes property wholly consumed
133
Appraisal as imposed by contract
135
Demand must be in clear and explicit terms
145
Insured presumed to know contents of appraisal
151
proceed and failure to agree upon new
161
Insured bound by his inventory Effect of fraud
167
Proceedings not invalid for want of oath by
173
Award binding only to extent of subject matter
179
Insured may obtain relief from effect of limita
185
No waiver by appraisal under standard from
191
PAGE
194
sion or for which liable
211
Statement or proof of stocks of merchandise
212
Appraisal and proofs of loss distinct and sep
225
Denial of liability as waiver
228
TITLE II
239
Construction of living nearest the place of fire
242
Examination no part of statement or proof
252
Waiver by renewal of negotiation
257
Mistake or reliance on information
277
Not necessary to establish beyond reasonable doubt May be inferred
278
When proved by circumstantial evidence
279
Alterations and erasures in books
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
Question of fact for jury
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
Expense less than amount of insurance
301
his authority or consent
309
When policy covers other interests besides that
314
When policies cover various subjects in different
328
PAGE
348
CHAPTER EIGHTH
357
Same subject Rights of insured Effect of
363
Effect of release excepting or reserving the
367
Same subject Effect of concealment by
375
Mortgagees right to settle with other companies
378
CHAPTER NINTH
385
Effect of death of insured
389
Runs from date of fire
390
When time expires on Sunday
392
Filing præcipe for summons Distinction be tween setting aside service and summons
393
Amendment of summons or complaint
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
When companies have obtained injunction against insured he may have relief by cross bill
398
Waiver of the limitation
399
No waiver when insured has ample opportunity to commence suit and delays it
401
Waiver in appraisal Estoppel
402
Extension of time by company
403
Limitation as applied to Lloyds policy
404
PAGE
405
Limitation on preceding rule Estoppel Con
414
Effect of promise by agent to make indorsement
423
In absence of express waiver there must be some
434
Limitation on authority of agents in policy
441
CHAPTER ELEVENTH
449
Policy should be construed same as any other
455
usage or custom not admissible
465
Contract made when mailed
470
TITLE II
521

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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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