Page images

Insurable Interest Continued. p«ge.

effect of change of, by death, 409

in marine insurance, 426

of owner of ship, 426

covered by bottomry bond 426

in freightage, 426

under charter party, 427

in profits, 427

of charterer, '. 427

in life or health insurance, who has, 444

Insurance in general,; 405

defined 405

what may be subject to, 406

usual kinds of, 406

parties to, defined, 406

who may be, 407

by mortgagor in favor of mortgagee, effect of, 407

what interest may be protected by 408

See Insurable Interest.

void if insured has no interest, i.... 408

change of interest suspends, 409

after Iosb does not suspend, 409

in thing separately insured does not suspend, as to other things, 409

by succession does not avoid, '. 409

from one joint owner, &c., to another, does not avoid 409

concealment in, defined, 410

ground for rescission, 410

what must be communicated in 410

what need not be communicated in, 411

what is deemed material in, 412

what parties to, are bound to know 412

right to information in, how waived, 412

what information not necessary to, 412

fraudulent concealment of facts concerning warranty, avoids, 412

representation in, oral or written, 412

when made, 413

how interpreted, 413

when deemed a promise, 413

how affects policy, 413

may be withdrawn, when 413

refers to what time, 413

upon belief, 413

when deemed false 413

false, ground for rescission, 414

materiality of, how determined, 414

policyof, defined 415

must specify what 415

whose interest covered by 415

in favor of agent, &c, how expressed 415

• of partner, &c, how expressed 416

general description in. t<> whom anrJ1"*1","~ 416

InsdkanckCo. xtinued. Page.

may be framed for benefit of successive owners, 416

not transferred by transfer of thing insured, 416

open, defined 416

valued, defined 417

running, defined, 417

effect of receipt in, 417

agreement not to transfer claim under, void, 417

warranty in, defined, 418

express, must be in policy 418

defined, 418

may relate to past, present or future, 418

as to future, defined, 418

performance of, when excused 418

breach of material, ground for rescission, 419

of immaterial, does not avoid 419

without fraud, effect of, 419

premium of, when earned '■ 419

return of, when due, 419, 420

when not due 420

in case of over insurance, 420

contribution to, 420, 421

perils, what covered by 421

loss incurred by rescue from, covered by, 422

excepted from, 422

caused by fraud, when not covered by, 422

notice of loss under, must be given, 422

defects or delay in, how waived, 422

proof of loss under, what must be given 422

defects or delay in, how waived, 422

peculiar, when excused 422

double, defined, 424

contribution under, 424

re-insurance, defined 424

what must be communicated on, 425

presumed to be against liability 425

original insured has no interest in 425

special partnership not allowed to carry on business of, 397

marine, defined 425

insurable interest under 426

owner of ship has 426

freightage, when 426

under charter party, when begins 427

in profits, 427

of charterer of ship 427

what must be communicated in, 427

what information is material in 428

when person insured by, presumed to have information 428

effect of certain concealments upon, 428

representation willfully false avoids, 428

eventually false, does not avoid 429

InsuranceContinued. , p»ge.

warranty of seaworthiness implied 429

when complied with 429-431

effect of, 430

of neutrality, effect of, 481

voyage covered by, how determined, 431

deviation from, defined 432

when proper, 432

when improper, 432

effect of, , 432

loss under, total or partial, 433

actual or constructive, :433

actual total, defined 433

constructive total, defined, 433

actual, when presumed, 434

abandonment unnecessary upon actual total 434

of profits, when presumed, 440

covers expenses of reshipment in certain cases, 434

of profits, when recoverable, 434

free of average, effect of, 434

against total loss only, effect of, 435

abandonment under, 435

See Abandonment.

measure of indemnity under,...-. 439

valuation in policy of, when conclusive, 439

when applicable to partial loss 440

apportioned 440

of profits, 440

measure of indemnity under open policy of, 440

in case of damage, 441

where expenses are incurred, 441

for general average, 442

where insured entitled to contribution, 442

in case of partial loss of ship, &c, 442

fire, effect of concealment or false representation upon, 442

effect of alteration in thing upon, 443

how affected by acts of insured 443

measure of indemnity under, 443

life and health, when may be payable, 444

who may be insured by, 444

may be transferred, &c, to person having no interest, 444

notice of transfer of, not necessary, 444

measure of indemnity under, 445

does not pass to assignee for benefit of creditors, 616

Insubance Companies may be formed 119

Insure, factor may, 377

ship'B manager cannot, 381

who may 407

Insured, person, who may be 407

must have insurable interest, 408

effect of change of interest upon rights of, 409

Insured Continued. Page.

what must be communicated by, 410, 427, 428

See Concealment Repbesentation.

not answerable for truth of information, when, 413

effect of naming, in policy 415

of vague description of, in policy, 416

agreement not to transfer claim of, after loss, void, 417

statement in policy concerning, is warranty, 418

entitled to return of premium, when, 419, 420

when not, 420

willful act of, not covered by Insurance, 422

must give-notice of loss '. 423

what proof must be given by, 423

may require payment from any insurer, 424

has no interest in re-insurance, 425

in marine insurance, presumed to know of loss, when 428

entitled to payment without abandonment, when, 434

may abandon, when, 436

agents of, are agents of insurer, after abandonment,.... 438

not obliged to abandon 430

may recover proportion of profits, when, 440

may recover whole loss from insurer, subrogating him

to right of contribution, 442

in fire insurance, what acts of, avoid policy 443

what may be, 408

against, what may be 406

tiling, effect of change of interest in 409

transfer of, does not transfer policy,. 416

statement in policy concerning, is warranty, 418

exposure of, to peril, entitles insurer to premium, '..... 419

liability of insurer for loss incurred in rescue of, 422

total loss of, defined 433

may be abandoned, when, 436

See Abandonment.

belongs to insurer after abandonment, 438

after payment as for total loss, 438

valuation of, 439, 443

effect of alteration in, 443

interest in, when must exist 409

effect of change of, '.. 409

Insurer, defined 406

who maybe, 407

effect of assent of, to transfer of insurance to mortgagee, 407

what must be communicated by 410, 427

See Concealment Representation.

may rescind for fraudulent concealment, 412

breach of warranty exonerates, when, 419

entitled to premium, when, 419

must return premium, when, 419, 420

must contribute to return of premium, when 420, 421

liable for what losses, 421, 422

Insurer Continued. Page.

notice of loss must be given to 423

what defects in, waived by 423

must contribute on double insurance, 424

re-insurance by,, 424, 425

in marine insurance, exonerated by certain concealments, 428

may rescind for false representation, 428

not liable for loss after deviation 432

liability of, when voyage broken up, 434

for profits 434

for partial loss, 434

abandonment to 436

See Abandonment.

paying as for total loss, entitled to all that remains 438

agents of insured act for, after abandonment 438

mere silence of, is not acceptance of abandonment 438

of freightage, what belongs to, after abandonment 439

of ship, what belongs to, after abandonment, 439

how liable, on refusal to accept abandonment, 439

on loss of profits 440

on damage of thing insured, 441

for repairs, 441

for contribution by insured, 442

where insured has claim for contribution, 442

for partial loss of ship, &c 442

may rescind for fraud in valuation, 440

in fire insurance, may rescind for alteration, when, 443

in life insurance, notice, of transfer, &c, to, unnecessary, 444

Insurrection, involuntary deposit may be made in case of, 284

Intention of testator to govern interpretation of will, 171

how ascertained 171

overrules grammatical construction, 172

technical meaning 173

declarations of, not admissible 176

substantial compliance with, sufficient 177

to make ademption, must be expressed in writing 178

of parties to govern interpretation of contract 246

ascertained, how 246

from writing alone, when, 346

• superior to terms of written contract, when, 246

general words to be restricted by main, 249

words inconsistent with, to be rejected, 251

revision of contract so as to conform to, 594

how ascertained in revision, 595

Interest in, property defined 56

joint, defined 57

how passes by succession 189

partnership, defined 57

how passes by succession, 189

In common, defined, 57

what is, 57

« PreviousContinue »