The Law of Fire Insurance, Volume 1

George Ansel Clement

Baker, Voorhis & Company, 1905 - Electronic books

Contents

• PAGE: lxxxii
• CHAPTER FIRST: 1
• TITLE II: 4
• Description PAGE 65: 7
• Direct loss or damage by fire: 8
• Authority of local agent Waiver: 9
• Duty to protect property from further damage: 11
• CHAPTER SECOND: 17
• 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
• ventory and books reasonable and enforceable: 264
• toppel: 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 272b: 272
• Meaning of fireproof safe: 273
• TITLE VII: 274
• Must be fraudulent intent: 275
• What fraud or false swearing means: 276
• 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

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...

Bibliographic information

• Title: The Law of Fire Insurance, Volume 1; Legal classics library; The Law of Fire Insurance, George Ansel Clement
• Author: George Ansel Clement
• Contributor: United States
• Publisher: Baker, Voorhis & Company, 1905