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TABLE OF CONTENTS-Vol. 1.
CHAPTER FIRST.
Duty of the insured at time of fire and subsequent
thereto.
TITLE I.
PAGE.
1
Duty to save and preserve property
RULE 1. Duty to save and preserve property imposed by
contract
2. Standard of care
3. Interference by insured
4. Duty to save life superior
5. Effect of failure to perform duty - Burden of
proof Must be in power of assured
TITLE II.
Duty to give notice of loss.....
BULE 1. Duty of insured to give notice of loss imposed
by contract.
2. Notice required when damage by lightning or
cyclone .
5
3. Notice required by a statute
4. Meaning of word "immediate "- As a question
10. Authority of local agent - Waiver
11. Death of insured does not dispense with necessity
of notice .
TITLE III.
Duty to protect property from further damage...... 11
RULE 1. Duty to protect property from further damage
imposed by contract
2. Company not liable for increased damage caused
by assured's neglect to perform duty — Limi-
tation . .
3. Duty of assured extends to buildings and walls..
4. Duty of assured as to vessel or boat - Total
loss..
TITLE IV.
Duty to separate the damaged and undamaged prop-
erty, put in order, inventory and exhibit remains...
RULE 1. Duty of insured to separate damaged and un-
damaged personal pierty, inventory and ex-
hibit remains as imposed by contract...
2. Inventory distinct from proof of loss..
11
12
3. Object of separation and inventory - Effect of
failure to perform duty
14
4. Expense rests upon assured - Performance not
required when damage trifling
15
5. Substantial compliance sufficient
33
---
6. Performance not required when property totally
destroyed When not practicable
..
7. Insured may dispose of damaged property after
reasonable notice.
16
CHAPTER SECOND.
Parties to the fire insurance contract and to the
adjustment of the loss - Adjuster and adjustment. 17
Parties to the fire insurance contract
RULE 1. Fire insurance personal contract of indemnity-
Does not extend to other persons or interestc
without language indicating such intention...
2. Individuals insured as a company- - Corpora-
tion ..
17
19
24
25
name . .
11. Name of estate, loss payable to widow.
12. Wrong name— Reformation .
13. Meaning of words "As Interest may Appear".. 25
14. Policy issued to two persons as interest may
appear.
15. Burden of proof as to interest.
16. Distinction between insurance of interest as it
may appear and making loss payable as may
appear..
26
88888
17. Effect of making loss payable to a third party.. 26
18. Policy assignable after fire
28
Legal representatives ....
RULE 1. Legal representatives included in "insured " by
contract . .
2. Who included by legal representatives
3. Ordinary meaning of legal representatives
But not so confined Receiver
4. Effect of death of insured Right to maintain
action.
29
30
Mortgagor and mortgagee ...
RULE 1. Interest of mortgagee or other third party as
affected by contract ...
2. Effect of the mortgagee clause
3. Effect of neglect or wrongdoing by mortgagee.
4. Scope and application of the words "act or neg-
lect" in mortgagee clause ...
5. Limitation upon effect of mortgagee clause.
6. Effect of assignment by mortgagee
7. Effect of payment of actual loss to mortgagee.. 36
RULE 8. Effect of settlement with owner and mortgagor
on void policy
9. Effect of insurance of interest of mortgagee ..
10. Effect of making loss payable to mortgagee with-
out the mortgagee clause
11. Settlement or adjustment as affecting mortgagee
-
- Appraisal...
12. Settlement or adjustment with mortgagee...
36
37
38
39
13. Claim of mortgagee to whom loss made payable. 39
14. Company may interplead ...
15. Effect of repairs by owner
17. Mortgagee may claim waiver
16. Lien of mortgagee upon insurance
41
42
43
19. Right to assignment of mortgage must be exer-
cised within reasonable time
44
18. Provision requiring notice of change of title
Foreclosure. . .
20. Special rule of construction in some of the States.
Adjuster and adjustment....
RULE 1. Authority of adjuster or special agent to adjust
loss . .
2. Power of adjuster limited - Cannot delegate
same
3. Apparent scope of adjuster's authority
4. Necessary incidents of power of adjuster
5. Notice of limitation upon adjuster's authority.. 48
6. Adjustment subject to terms of policy..
7. Distinction between adjustment and agreement
to pay amount adjusted - Authority of ad-
juster, how established
8. Effect of adjustment and performance-Fraud
or misrepresentation
9. Effect of receipt in full.
10. Settlement with assignee holding policy as se-
curity...
51
52
11. When agreement to take less than due enforce-
able...
12. Adjustment and promise to pay as estoppel
13. Effect of offer in compromise
14. Ignorance and misrepresentation as to law
Mistake of fact
53
RULE 15. Not essential in equity to return or tender
amount received
16. Effect of duress
17. Not necessarily fraud for company to make in-
dorsement upon policy after fire
54.
54
18. Company may recover back money paid on mis-
representation or fraud
55
19. Adjustment legal business
Right to follow it
in any State
RULE 1. Location of property as imposed by contract... 56
2. Property must be in place specified ...
4. Dwelling and additions.
5. Effect of separation into items
7. Factory not necessarily confined to one building.
8. Admission of parol evidence
9. Part of description false
57
3. Block of buildings, different numbers but one
entrance. . .
58
59
6. General description may cover entire plant....
60
10. Usage and custom.
11. Ambiguity in description of location
61
12. Knowledge or verbal permission of agent
13. Written application-Estoppel - Renewal
14. Consent of removed agents ...
62
15. Loss after consent to removal to new location.. 63
17. Rule 1 may be changed or modified by written
description . .
18. Removal of property endangered by fire as gov-
erned by contract