A Treatise on the Law of Insurance, Fire, Life, Accident, Marine: With a Selection of Leading Illustrative Cases and an Appendix of Statutes and Forms |
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Page 25
... damage , are best for the insur- ers , it is a fact that the commissioned agents are generally per- mitted to settle small losses in their discretion . They are paid by deducting a commission from the premiums which they collect $ 18 ...
... damage , are best for the insur- ers , it is a fact that the commissioned agents are generally per- mitted to settle small losses in their discretion . They are paid by deducting a commission from the premiums which they collect $ 18 ...
Page 29
... damage . Thus the incidental loss of trade , or of the use of a building or ship while being repaired , or of prospective profits , or any pretium affectionis attaching to the property destroyed , is too remote , and is not supposed to ...
... damage . Thus the incidental loss of trade , or of the use of a building or ship while being repaired , or of prospective profits , or any pretium affectionis attaching to the property destroyed , is too remote , and is not supposed to ...
Page 31
... damage sustained . This rule likewise grows out of the principle that insurance is designed to protect the insured from loss , and not to be the occasion of gain to him . Otherwise the insured on pursuing his double remedy might be ...
... damage sustained . This rule likewise grows out of the principle that insurance is designed to protect the insured from loss , and not to be the occasion of gain to him . Otherwise the insured on pursuing his double remedy might be ...
Page 32
... damage by the wrong - doer to the insured , voluntarily pay the policy , they cannot maintain an action . against the wrong - doer ; and if the assured receives his damages from the wrong - doer before payment is made by the insurers ...
... damage by the wrong - doer to the insured , voluntarily pay the policy , they cannot maintain an action . against the wrong - doer ; and if the assured receives his damages from the wrong - doer before payment is made by the insurers ...
Page 113
... damaged as to be incapable of repair , the loss , as we have already seen , is actual ; but , where the damage is susceptible of repair only at a cost exceeding the value of the ship when repaired , the loss is constructive . Again ...
... damaged as to be incapable of repair , the loss , as we have already seen , is actual ; but , where the damage is susceptible of repair only at a cost exceeding the value of the ship when repaired , the loss is constructive . Again ...
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Other editions - View all
Common terms and phrases
action agent agreement amount ance application Asso assured authority average avoid the policy barratry benefit binding breach breach of warranty building camphene cargo caused claim clause common carrier condition Conn consent contract of insurance court damage defendants doctrine of waiver effect Equitable estop fact fire policy forfeiture fraud freight Glens Falls ground held home office indemnity injury insurable interest insurance company Iowa jury Knights Templar liable Lloyd's marine insurance Mass Massachusetts policy matter mortgagee Mutual Niagara Fire notice opinion ordinary owner paid pany parties payment peril insured person Phoenix plaintiff policy of insurance port premium principle property insured provision question reason recover reinsurance repairs risk rule sail seaworthiness ship standard policy statement statute stipulation subrogation tion total loss underwriters Union Mut unless valid vessel void voyage waive waiver and estoppel warranty words written
Popular passages
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.
Page 577 - Act, shall not be liable to attachment, garnishment, or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, or...