RULE 18. Attaching creditor.

19. When policy taken out for benefit of insured and other

owners.

20. When loss made payable to a third party.

21. Substantial compliance sufficient.

22. When policy insures party on property in possession or for which liable.

23. Provision as to statement of other insurance.

24. Carpenter's bill or statement not a substitute or compliance.

25. Statement or proof of stocks of merchandise - Actual cash value should be stated.

26. Statement limited to particulars called for by the policy.

27. When insured holds more than one policy of same company.

28. Conditions operative only when required are independ-
ent of the statement or proof of loss.

29. Statements refer to date of fire.
30. Effect of overestimate of value.

31. In case of a reinsurance policy.

32. When building a total loss in Pennsylvania.

33. Statements in proofs not evidence of amount of loss. 34. Insured not estopped or bound by his statements in proofs.

35. Waiver by local agent.

36. Local agent may be clothed with apparent authority. 37. Defects not specifically pointed out to insured waived. 38. Objections must be made promptly.

39. Insured must have opportunity to supply or remedy

defects.

40. Insured must have reasonable time to comply with objections to proofs.

41. Company not obliged to return proofs to make objee

tions effective.

42. Waiver of written extension of time.

43. Company under no obligation to furnish blanks Refusal not construed as waiver.

44. Waiver by refusal to adjust or pay, company having

the policy.

45. Reference to policy not sufficient objection.

46. Effect of refusal to deliver policy on parol contract.
47. Effect of adjustment or agreement as to amount of

loss.

RULE 48. Appraisal and proofs of loss distinct and separate →

Waiver.

49. Authority of adjuster.

50. Waiver by adjuster.

51. Same subject - Limitations and nonwaiver agree

ments.

52. Denial of liability as waiver.

53. Denial of liability must extend to entire claim.

54. Denial of liability coupled with demand for proofs.
55. Denial of liability coupled with disclaimer of inten-

tion to waive.

56. Question of waiver as one of fact or law.

57. When denial of liability operates as waiver.

58. Nonwaiver agreement.

59. Waiver and estoppel - Essentials.

60. Waiver once made final.

61. Effect of statute fixing amount of loss on building.

62. Waiver of statement or proofs of loss.

63. Limitations as to waiver of statement or proofs of loss.

RULE 1.

Duty of Insured to Render a Statement or Proof of Loss as Imposed by Contract.

Within sixty days after the fire, unless such time is extended in writing by the company it is the duty of insured to render a statement to the company signed and sworn to by the insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and all others in the property; the cash value of each item thereof, and the amount of loss thereon; all incumbrances thereon; all other insurance, whether valid or not, covering any of the property covered by the insurance, and a copy of all the descriptions and schedules in all policies; any changes in the title, use, occupation, location, possession, or exposures of the property since the issuing of the policy; by whom and for what purpose any building

in the policy described and the several parts thereof were occupied at time of the fire.

This rule is imposed by above terms in the standard form of policy prescribed in:

New York,
Connecticut,
Louisiana,
Michigan,

Missouri,

New Jersey,
North Carolina,
North Dakota,
*Pennsylvania,
Rhode Island.

In Wisconsin same, except time may be extended "by agreement through local agent or any other authorized agent or adjuster."

The standard form of policy prescribed in Massachusetts provides that "In case of any loss or damage a statement in writing, signed and sworn to by the insured, shall be forthwith rendered to the company, setting forth the value of the property insured, the interest of the insured therein, all other insurance thereon, in detail, the purposes for which and the persons by whom the building insured, or containing the property insured, was used, and the time at which and manner in which the fire originated, so far as known to the insured."

In Maine the provision is the same except the words "within a reasonable time" are substituted for the word "forthwith."

In Minnesota the provision is the same except "in case of total loss on buildings the value of said buildings need not be stated."

In New Hampshire the provision is the same, except that the words "in detail" follow after "value of the property insured," instead of after "other insurance thereon."

In South Dakota the provision reads: "Within sixty days from the time of the occurrence of the fire, the insured shall make a statement in writing, sign and swear to the same, and render to the company, setting forth substantially the property destroyed or damaged and a statement or estimate of the amount of his loss (except in case of total loss on buildings where the fire occurs without criminal fault on the part of the insured, or his assigns, in which case the value on the buildings need not be stated), the interest of the insured therein, all other insurance thereon, the purpose for which the building insured or containing the property insured was used, and by whom occupied, and the time and manner in which the fire originated as far as known to the insured. Should proof of loss not be furnished within six months from the date of loss this policy shall be void, unless such proof of loss shall have been waived."

In the States where no standard form is prescribed and other than those above named, the New York standard form is in general use.

RULE 2.

Clause Requiring Statement or Proof of Loss a Condition

Precedent.

The clause requiring furnishing of proofs is binding

as a condition precedent unless waived.

*See note to "Duty to Save and Preserve Property," Rule 1.

· Hartford Ins. Co. v. Keating, 86 Md. 130, 38 Atl. Rep. 29, 27 Ins. L. J. 406; Bruce v. Phoenix ins. Co., 24 Oreg. 486, 34 Pac. Rep. 16; German Ins. Co. v. Davis, 40 Nebr. 700, 59 N. W. Rep. 698, 23 Ins. L. J. 768; Dwelling-House Ins. Co. v. Dowdall, 159 Ill. 179, 42 N. E. Rep. 606, 25 Ins. L. J. 267, affg. 55 Ill. App. 622; Dwelling-House Ins. Co. v. Jones, 47 Ill. App. 261; Shapiro v. Western Home Ins. Co., 51 Minn. 239, 53 N. W. Rep. 463, 22 Ins. L. J. 310; Maddox v. Dwelling-House Ins. Co., 56 Mo. App. 343; Commercial Union Assur. Co. v. Dunbar, 7 Tex. Civ. App. 418, 26 S. W. Rep. 628; McDermott v. Lycoming Ins. Co., 44 N. Y. Super. 221; Sharpe v. Milwaukee Mechanics' Ins. Co., 8 App. Div. 356, 40 N. Y. Supp. 817, affd. on opinion below, 158 N. Y. 696; American Central Ins. Co. v. Birds' B. & L. Assoc., 81 Ill. App. 258; Central City Ins. Co. v. Oates, 86 Ala. 558, 6 So. Rep. 83; Atlas Assur. Co. v. Brownell, 29 Can. S. C. 537, 601; Quinlan v. Providence-Washington Ins. Co., 133 N. Y. 362; American Central Ins. Co. v. Hathaway, 43 Kans. 399, 23 Pac. Rep. 428; Niagara Ins. Co. v. Lee, 73 Tex. 641, 11 S. W. Rep. 1024; McCormick v. North British Ins. Co., 78 Cal. 468, 21 Pac. Rep. 14; Peninsular Land Co. v. Franklin Ins. Co., 35 W. Va. 666, 14 S. E. Rep. 237; Blakely v. Phoenix Ins. Co., 20 Wis. 205; Eastern R. Co. v. Relief Ins. Co., 98 Mass. 420; Patrick v. Farmers' Ins. Co., 43 N. H. 621; Bornszewski v. Middlesex Assur. Co., Mass. 72 N. E. Rep. 250.

RULE 3.

Time for Serving Statement or Proof Commences to Run from Termination of the Fire.

Where fire lasts or continues for several days the time for serving proof of loss commences to run from the day of its termination and not necessarily from the day on which it started.

National Wall Paper Co. v. Associated Mfrs.' Ins. Co., 60 App. Div. 222, 70 N. Y. Supp. 124, affd. on a subsequent appeal, 175 N. Y. 226, 67 N. E. Rep. 440.

RULE 4.

Statement Must be Furnished in Specified Time - When in Beasonable Time - Excuses for Delay.

The statement must be furnished within the specified time;1 if no time mentioned in the policy and in terms

or substance the condition requires the statement "as soon as possible ""or forthwith," it means within reasonable time according to the special circumstances in each case;2 under such language illness or physical disability while it lasts might be regarded as excusing delay; or insanity; there may be excuse for delay even under present form of the insurance contract;5 but accident or misfortune, unless caused by the insurance company, does not excuse performance."

1. Blossom v. Lycoming Ins. Co., 64 N. Y. 162; Peabody v. Satterlee, 166 N. Y. 174; Sergent v. Liverpool, L. & G. Ins. Co., 85 Hun, 31, 32 N. Y. Supp. 594, revd., 155 N. Y. 349, without affecting rule, court holding evidence of waiver should have been submitted to jury; McDermott v. Lycoming Ins. Co., 12 Jones & Sp. 221; Shapiro v. Western Home Ins. Co., 51 Minn. 239, 53 N. W. Rep. 463; Westchester Ins. Co. v. Coverdale, 9 Kans. App. 651, 58 Pac. Rep. 1029; White v. Home Ins. Co., 128 Cal. 131, 60 Pac. Rep. 666. And see Leftwich v. Royal Ins. Co., 91 Md. 597, 612, 46 Atl. Rep. 1010; Hanover Ins. Co. v. Johnson, 26 Ind. App. 122, 57 N. E. Rep. 277; Maddox v. Dwelling-House Ins. Co., 56 Mo. App. 343; Teutonia Ins. Co. v. Johnson, Ark. 82 S. W. Rep. 840.

2. Palmer v. St. Paul Ins. Co., 44 Wis. 201; Scammon v. Germania Ins. Co., 101 Ill. 621; American Ins. Co. v. Hazen, 110 Pa. St. 530; Springfield Ins. Co. v. Brown, 128 Pa. St. 392, 18 Atl. Rep. 396; Miller v. Hartford Ins. Co., 70 Iowa, 704; Carpenter v. German-American Ins. Co., 135 N. Y. 298; Parker v. Middlesex Assur. Co., 179 Mass. 528, 61 N. E. Rep. 215; Rines v. German Ins. Co., 78 Minn. 46, 80 N. W. Rep. 839; Fletcher v. German-American Ins. Co., 79 Minn. 337, 82 N. W. Rep. 647.

3. American Ins. Co. v. Hazen, supra; Parker v. Middlesex Assur. Co., supra.

4. Insurance Co. v. Boykin, 12 Wall. (U. S.) 433.

5. See Rule 13.

6. Sherwood v. Agricultural Ins. Co., 10 Hun, 595, affd., 73 N. Y. 447, on other grounds. And see Blakely v. Phoenix Ins. Co., 20 Wis. 205; Scammon v. Germania Ins. Co., supra.

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