The Insurance Law Journal: Reports of All Decisions Rendered in Insurance Cases in the Federal Courts, and in the State Courts of Last Resort, Volume 4; Volume 24D.T. & L.H. Potter, 1895 - Insurance law |
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Page 30
... error in directing the jury that Mr. McBride was the agent of the company , and that the company would be bound by his acts in writing in the answers to the questions in the application . We think the court was not in error in this part ...
... error in directing the jury that Mr. McBride was the agent of the company , and that the company would be bound by his acts in writing in the answers to the questions in the application . We think the court was not in error in this part ...
Page 46
... error any error appearing upon the record proper shall be now reviewed as it might have been after verdict upon a motion in arrest . Such a motion is not a substitute for a motion for a new trial , and only these material defects ...
... error any error appearing upon the record proper shall be now reviewed as it might have been after verdict upon a motion in arrest . Such a motion is not a substitute for a motion for a new trial , and only these material defects ...
Page 48
... error . Statement of facts by WooD , J. This was an action against appellant to recover upon certain in- surance policies , -one issued 10th day of October , 1890 ; the other the 9th of November , 1890. The property insured was ...
... error . Statement of facts by WooD , J. This was an action against appellant to recover upon certain in- surance policies , -one issued 10th day of October , 1890 ; the other the 9th of November , 1890. The property insured was ...
Page 66
... error assigned on the decision of the circuit judge in refusing such motion , and the same shall be reviewed by the supreme court . " In the present case no exception was taken , and the error , if any , must be deemed to have been ...
... error assigned on the decision of the circuit judge in refusing such motion , and the same shall be reviewed by the supreme court . " In the present case no exception was taken , and the error , if any , must be deemed to have been ...
Page 82
... Error . A. C. WHITE , for Defendant in Error . WILLIAMS , J. ( after stating the facts . ) 1. The policy of insurance upon which the plaintiff sought to re- cover in the action below provides , among its many conditions , that no ...
... Error . A. C. WHITE , for Defendant in Error . WILLIAMS , J. ( after stating the facts . ) 1. The policy of insurance upon which the plaintiff sought to re- cover in the action below provides , among its many conditions , that no ...
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Common terms and phrases
accident action actual cash value additional insurance adjuster agent agreed agreement alleged amount ance answer appears appellant appellee application appraisers arbitration assessment assignment assured authority barratry building cause certificate claim condition consent contained contract of insurance counsel death Decision rendered defendant company defendant's demurrer effect estopped estoppel evidence facts Fire Insurance follows foreclosure forfeiture furnished Guilder held indorsed injury instructions insurable interest Insurance Co insurance company insurance policy insured property intended interest judgment jury liability lien loss or damage ment mortgagor notice owner paid pany parties payable payment person plaintiff in error pleaded policy in suit policy of insurance policy provided premises premium procured proofs of loss property insured provision question reason received recover refused risk rule sheriff's deed statement statute stipulation subrogation SUPREME COURT surance sustained therein thereof tion tontine trial verdict void waived waiver warranty
Popular passages
Page 465 - 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.
Page 417 - ... 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 464 - 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 816 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 459 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed 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 endorsed hereon or added hereto...
Page 779 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 6 - Whenever this Company shall pay the mortgagee [or trustee] any sum for loss or damage under this policy and shall claim that, as to the mortgagor or owner, no liability therefor existed...
Page 464 - ... 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...
Page 314 - 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 65 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground, not owned by the insured in fee simple...