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accident action actual agent agreed agreement amount answer appears application assured authority average avoid become benefit binding building cargo cause circumstances claim clause condition Conn consent consequence considered construction contained contract course court covered damage death defendant doctrine effect evidence existing express extent fact fall Fire forfeiture give given ground held injury Insurance Company intention interest issued judgment jury knowledge liable limited loss marine Mass material matter meaning Mutual named nature necessary notice occurred opinion ordinary owner paid particular parties payment perils person plaintiff port premium present principle proof provision question reason received recover reference regard relation respect result risk rule ship statement taken tion true underwriters unless usual vessel void voyage waive waiver warranty written York
Page 547 - Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes, and People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 588 - Policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions 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 589 - ... shall not be invalidated by any act or neglect of the mortgagor or owner of the within described 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, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy ; provided that, in case the mortgagor or owner shall neglect to pay any premium due under this policy, the mortgagee (ur trustee) shall, on...
Page 584 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 584 - 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 128 - ... the ground, for the common safety, shall be made good as general average; but where a ship is afloat, no loss or damage caused to the ship...
Page 544 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage, they are, of the seas, men-of-war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints and detainments of all Kings, Princes, and People, of what nation, condition, or quality soever...
Page 69 - Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto, a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Page 132 - Loss of freight arising from damage to or loss of cargo shall be made good as general average, either when caused by a general average act, or when the damage to or loss of cargo is so made good.