Hand-book of Adjustment of Loss Or Damage by Fire: For the Use of Fire Underwriters

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Insurance Monitor Office, 1868 - Fire insurance claims - 105 pages
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Page 27 - usage may be admissible to explain what is doubtful; it is never admissible to contradict what is plain.
Page 26 - the use of general terms, or anything less than a distinct specific agreement clearly expressed and indorsed on the policy, shall not be construed as a waiver of any printed or written condition or restriction therein.
Page 94 - And the said deponent further declares that the said fire did not originate by any act, design, or procurement on his part, or in consequence of any fraud or evil practice done or suffered by him, and that nothing has been done by or with his consent or privity to violate the conditions of insurance, or render void the policy aforesaid.
Page 68 - And in case of any other insurance upon the property hereby insured, whether prior or subsequent to the date of this policy, the insured shall not in case of loss or damage be entitled to demand or recover on this policy any greater portion of the loss or damage sustained than the amount hereby insured shall bear to the whole amount insured on the said property.
Page 68 - The policy in suit provides that " in case of any other policies, whether made prior or subsequent to the date of this policy, the insured shall be entitled to recover of this company no greater proportion of the loss sustained than the sum hereby insured bears to the whole amount of the policies thereon.
Page 49 - Co. against loss by fire, the policies covering "on stock, materials and supplies, including labor performed thereon in all stages, including packages and labels, contained in said premises No. 485-487 Washington Street, New York City, the property of the assured or held in trust or on commission, or sold but not delivered or held on joint account with others and also the property of others for which the assured may be or agree to become liable in case of loss or damage by fire.
Page 81 - An underwriter must make a strong case, after admitting his liability : but until he has paid the money, he is at liberty to avail himself of any defence, which the facts or the law of the case will furnish.
Page 13 - To whom, or for what loss, are they to make satisfaction ? Why, to the person insured, and for the loss he may have sustained ; for it cannot properly be called insuring the thing, for there is no possibility of doing it, and therefore must mean, insuring the person from damage.
Page 26 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon- similar occasions and subjects."— Robertson v.
Page 87 - ... out of three to be named by the other party, and the third by the two so chosen.

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