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RULE 19. Household furniture and wearing apparel

99

20. Market value of stocks of merchandise Evi-

dence ...

100

21. Loss of stock of merchandise, how estimated... 100

22. Inventory of goods as evidence

103

23. Estimate of loss may be based on original bills

when no books and no inventory

104

24. Inventory and books must be verified as correct. 104

25. Property in bonded warehcuse ..

105

26. Efficiency of machines destroyed not affected by

those not destroyed ..

105

27. Evidence of value as limited by time -Prop-

erty having no market value

106

28. Machine destroyed obtainable from patentee and

only one source

106

29. Patterns have no market value

107

30. Loss payable to third party

107

31. Insurance of a tenant ...

107

32. Reinsurance payable pro rata

108

33. Cost of building not proper measure of damage. . 108

34. When insurable interest insured extends to whole

value of building

109

35. When interest is limited

110

36. Limitation of cost of repairing or replacing as

applied to buildings — Effect of local statutes. 111

37. Cash value as applied to a building

.. 111

38. Assured not limited to relative value of building

for purpose of removal

112

39. Partial loss to building — Effect of building

laws ...

112

40. Measure of damage when building partially de-

stroyed . .

112

41. Opinions of witness

113

42. Effect of statute fixing value and measure of

damage ...

113

43. Statute fixing amount of loss makes it a liqui-

dated demand

115

44. Company cannot evade statute fixing amount of

loss.

115

45. Burden of proof of modification under statute fix-

ing amount of loss..

116

46. Effect of city ordinances ?s to repairing or re-

placing buildings in connection with statute

fixing amount of loss

.. 116

Appraisal .....

RULE 1. Appraisal as imposed by contract

135

2. Rights and duties of both parties Must be ex-

ercised within reasonable time

138

3. Condition precedent

139

4. Not necessary to admit liability Effect of de-

nial of liability

141

5. Effort must be made to arrive at amount of loss

- Must be actual disagreement

142

6. Disagreement must exist as to amount of loss.. 142

7. Insured estopped by his request for appraisal .. 143

8. Must be demand for appraisal Effect of omis-

sion to make it

143

9. Demand must be in clear and explicit terms... 145

10. Agreement for appraisal must follow terms of the

policy

145

11. When number of policies all of same form

When different

12. Effect of selection of same appraiser by several

companies ...

.. 146

13. Demand for appraisal should be made promptly

on disagreement — Waiver

147

14. Delay by insured in making demand

147

15. Duty of insured as to keeping damaged goods.. 148

16. Demand by registered letter -- Effect of mailing. 149

17. Demand for appraisal must include existing losses

caused by successive fires

149

18. Motive in demand immaterial

149

19. Demand cannot be split

149

20. Authority of officer of company

150)

21. Authority of local agent

150

22. Insured presumed to know contents of appraisal

agreement Capacity to contract not re-

stricted

151

23. Appraisal limited to determination of amount.. 151

24. When loss payable to a mortgagee — Partners.. 152

25. Policy of the law as to place of adjustment and

selection of appraisers and umpire

152

26. Exact distance not prescribed .....

153

27. Appraisal clause operative only on damaged prop-

erty ...

154

28. Demand for exclusive appraisal of saved and dam-

aged property not warranted

155

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