The Law of Fire Insurance, Volume 1

Front Cover
Baker, Voorhis & Company, 1905 - Electronic books

From inside the book

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Contents

Claiming money payable to third party State ments as to title
284
Question of fact for jury
285
Intentional fire caused by insured
286
Effect of statute fixing amount of loss
287
Fraud to apply for insurance on destroyed prop erty Not when prior sufficient oral contract
288
The options of the insurance company
289
RULE17 Court of equity will not interfere Remedy
293
CHAPTER SIXTH
304
Insured not obliged to maintain insurance unless
310
When policy covers other interests besides that
314
When policies cover various subjects in different
328
PAGE
348
CHAPTER EIGHTH
357
Same subject Rights of insured Effect
363
The insurance or its payment no defense for
364
Effect of insured preventing or defeating subro
373
Mortgagees right to settle with other companies
378
CHAPTER NINTH
385
Effect of death of insured
389
Runs from date of fire
390
When time expires on Sunday
392
Filing præcipe for summons Distinction be tween setting aside service and summons
393
Amendment of summons or complaint
394
Suit in equity may be regarded as continuance of action at law Exceptions
395
Statute may permit new action after nonsuit
396
Effect of bad faith on part of company retaining policy and refusing copy
397
When companies have obtained injunction against insured he may have relief by cross bill
398
Waiver of the limitation
399
No waiver when insured has ample opportunity to commence suit and delays it
401
Waiver in appraisal Estoppel
402
Extension of time by company
403
Limitation as applied to Lloyds policy
404
PAGE
405
Limitation on preceding rule Estoppel Con
414
Effect of promise by agent to make indorsement
423
In absence of express waiver there must be some
434
Limitation on authority of agents in policy
441
CHAPTER ELEVENTH
449
Policy should be construed same as any other
455
printed conditions
463
Distinction between matters of interpretation
469
Contract made when mailed
470
TITLE II
521

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Common terms and phrases

Popular passages

Page 557 - Company as mortgagee (or trustee) as interest may appear, and 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 137 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each 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 of any two shall determine...
Page 486 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions, as may be indorsed 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 indorsed hereon or added hereto...
Page 514 - ... 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...
Page 111 - 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 475 - It shall be optional, however, with this company to take all, or any part, of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality...
Page 478 - ... within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire, the interest of the insured and of all others in the property...
Page 334 - ... than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property...
Page 511 - This Company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.
Page 455 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...

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