PREFACE.

The courts have frequently in their opinions analyzed and distinguished the conditions of the fire insurance contract into two classes: (1) Those which become operative in the event of fire upon the theory or assumption of a valid contract, and (2) those which declare it to be void in specified events. This work, now complete by the second volume, is founded upon such analysis and logical separation of the terms of the contract. The first volume treats the contract of fire insurance as valid in the event of fire, and as affected by construction and waiver or estoppel, and the adjustment of claims thereunder. Beginning with the occurrence of the fire, it considers the various matters in their natural ordinary order and sequence, and at the end contains the general rules of construction, and of waiver or estoppel applicable to the entire contract or both classes of conditions. This volume also contains the various standard forms, and a table of the statutes in chronological order under which the same were adopted or prescribed.

The second volume treats the contract as void, taking as a basis those conditions declaring it to be void in specified instances, and clearly separating those which relate to interest or title, and to use or occupation. It also contains at the end a chapter devoted to miscellaneous provisions or matters not elsewhere covered, such as cancellation, agents, reformation, oral or parol contracts, etc. Of these, one of the most valuable in the entire work is that under the title of "Agents," specially in connection with the rules under the several subjects, and the general rules of construction and of waiver or estoppel in the first volume.

This work is not a digest nor is it a treatise, as these words are ordinarily understood and applied. In treatment and

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printing there is a radical departure from stereotyped methods, obvious in examination and comparison. Out of all the existing confusion and chaos, the several subjects are reduced to a series of logical, comprehensive, yet, as far as possible, clear, and concise rules, which have been either expressed or recognized of force by the courts. In each instance the particular rule is preceded by an analytical statement of its subject-matter. The rules reflect the minds of! the judges upon whose opinions juries are instructed and final judgments are entered. There is not a line written or altered in the entire work to please either the insured or the insurance companies. It is absolutely impartial and independent. Each subject is preceded with the rule as imposed by contract, including an analysis of the various standard forms, and pointing out the difference, if any, in language. It has been the object to bring out practical rules affecting conduct, in clear, sharp, and distinct relief, based on logical analysis. The text of these rules is founded on the opinions of the courts, and is not burdened and clouded with the individual views and opinions of the author as to what the law or rules ought to be. Their correction, modification, or alteration is left to the proper tribunal or authority. When there is a conflict in the rules it is sharply defined or indicated, either in express language of the rules themselves or in notes. comparison or combination of the rules under any particular condition or subject, which includes construction, and waiver or estoppel applicable to that subject, with the rules under "Agents" and the general rules of construction and of waiver or estoppel at end of the first volume, together with the statutory provisions of the different States, all brought within convenient reach and view for consideration will indicate in a given instance and in any location or State the safest and most correct specific rule of conduct in the particular case. The entire work is consequently and necessarily of equal value in any part of the United States.

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In every question that arises in case of fire, from the time of its occurrence until adjustment and payment, or in the

event of a continuance of a dispute, until final decision by the highest court to which the controversy can be submitted, the rules in these volumes will be found applicable.

The first volume has now been altered, revised, and reprinted, so that in both volumes the cases and statutes of the various States are inserted so far as published to about the middle of August, 1905. As the sessions of the appellate courts are not usually resumed before October, and their decisions published before the latter part of that month, the entire work is now up to date. The blanks to be occasionally found indicate that the case is not yet published in the official State report.

The writer desires to express his acknowledgment to the insurance superintendents or officers of the different States, who have so courteously supplied him with information and copies of many of the laws, and acknowledgment is also due to Mr. E. F. Beddall, general attorney of the Royal Insurance Company for the United States, for copies of the standard forms prescribed and in use, and of the riders in occasional or general use; and to Mr. R. J. Taylor, manager of the loss department of the Continental Insurance Company of New York, for the useful and valuable form of statement of loss of stocks of merchandise to be found in the title "Amount of Loss or Damage," in Volume I, under Rule 21, page 101.

NEW YORK, September, 1905.

GEORGE A. CLEMENT.