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RULE 52. Denial of liability as waiver
PAGE.
228
53. Denial of liability must extend to entire claim.. 230
54. Denial of liability coupled with demand for
proofs.
230
55. Denial of liability coupled with disclaimer of in-
tention to waive
56. Question of waiver as one of fact or law
61. Effect of statute fixing amount of loss on build-
ing . . .
234
RULE 1. Duty to furnish plans and specifications as im-
posed by contract
239
2. Plans and specifications independently procured. 240
3. Effect of appraisal and award
240
4. Objections must be promptly made.
241
5. Demand for plans and specifications not neces-
sarily waiver of other defenses
6. Effect of statute fixing amount of loss..
TITLE III.
Certificate of magistrate or notary
242
RULE 1. Duty of insured to furnish certificate of magis-
trate or notary public as imposed by contract. 242
2. Condition legally operative and binding upon the
insured . .
243
3. Requirement when made must be express and
specific.
244
4. Certificate need not be in precise language of
condition Substantial compliance
245
5. Certificate no part of the statement or proof of
loss Delay in furnishing certificate ... 245
RULE 6. Construction of living nearest the place of fire
-What is required on part of company when
it objects that notary is not the nearest..... 246
7. When nearest magistrate or notary declines to
act.
8. Effect of location of office and knowledge of in-
246
.. 247
9. Distance of few feet or yards not regarded as
material
10. Effect of insurance company employing nearest
notary or magistrate
11. When notary disqualified - Waiver
12. Disqualification of notary or magistrate.
13. Duty of company to point out defects in certifi-
14. Waiver of certificate
15. Insured not bound by amount in certificate
247
248
249
250
251
TITLE IV.
Examination of insured under oath
RULE 1. Duty of insured to submit to examination as im-
.. 251
2. Examination no part of statement or proof of
loss . . .
ing himself so cannot be served with demand.. 253
5. Examination must be required - Essentials of de-
mand ...
253
6. What is not requirement
254
7. Insured cannot be required to bring books to of-
11. Must be specific demand for signing-Insured
must be permitted to sign ...
RULE 14. Waiver by renewal of negotiation
257
15. Waiver by examination of a third party. . . .
16. Insured not estopped by his statements - Evi-
RULE 1. Duty of insured to produce books and vouchers
as imposed by contract
2. Demand for production in reasonable time
259
260
3. Demand when coupled with demand for proofs.. 260
4. Demand for certified copies
cused. . . .
5. Duplicate not certified copy-Demand
6. Objection must be specific
7. Place of examination of books
When insured ex-
261
262
263
8. When policy contains iron safe clause
9. Waiver of forfeiture ...
10. Waiver of limitation clause
11. Effect of failure to produce books and vouchers. 263
Iron safe clause...
TITLE VI.
RULE 1. Clause requiring keeping and preservation of in-
ventory and books reasonable and enforceable. 264
2. Promissory representation if not made part of
policy
3. When a warranty Construction..
-
265
4. Tendency and weight of modern authority..... 267
5. Standard of care Meaning of failure to pro-
9. General statement no substitute for inventory.
10. Invoices not inventory ...
269
RULE 13. Waiver by agent after issue of policy.
272
14. Waiver by adjuster -
ing or local agent..
.272a
15. Examination of books by adjuster no waiver....272b
RULE 1. Effect of fraud or false swearing as imposed by
6. Effect not obviated by amount of loss. ...
277
7. Not necessary to establish beyond reasonable
doubt May be inferred ...
278
8. When proved by circumstantial evidence
279
9. Statement must be material - Slight exaggera-
tions . . .
10. Alterations and erasures in books
280
11. Fraud by agent of insured
12. Effect of difference in amount sworn to in proofs
and on trial ....
281
13. Actual extent of loss relevant on question of in-
RULE 1. Option to take at ascertained or appraised value
289
2. Right valid and enforceable
3. The option as affected by time
4. Effect of disposition of damaged goods by in-
sured Notice
5. When company not prejudiced
6. Effect of exercise of option as waiver
290
291
7. Effect of repudiation of an award by appraisers. 292
TITLE II.
Option to repair, rebuild, or replace
292
RULE 1. Option to repair, rebuild, or replace as imposed
by contract
293
8. No money demand until after expiration of time. 297
9. Effect of exercise of option - Building contract. 297
10. When more than one company upon loss...... 298
11. Mere notice does not change contract ..
12. Effect of exercise of option on mortgagee to
299
whom loss payable
13. Rents as element of damage
300
14. Effect of refusal by insured to permit repairs or
rebuilding.
15. Repairing or rebuilding in compliance with city
ordinances
16. Expense less than amount of insurance
301