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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
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
TITLE III.
Duty to protect property from further damage......
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 perty, inventory and ex-
hibit remains as imposed by contract..
2. Inventory distinct from proof of loss..
3. Object of separation and inventory - Effect of
failure to perform duty
-
4. Expense rests upon assured · Performance not
required when damage trifling
13
14
15
5. Substantial compliance sufficient
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
17
RULE 1. Fire insurance personal contract of indemnity -
Does not extend to other persons or interest
without language indicating such intention... 17
2. Individuals insured as a company ·
a company Corpora-
tion ..
19
RULE 3. Contract with infant
4. Property for which assured liable..
5. Receiver..
6. Account of whom it may concern
20
21
7. Property held in trust
22
8. Property under conditional contract of sale....
9. Insurance of an estate ....
23
10. Policy in name of deceased owner
Wrong
name
24
11. Name of estate, loss payable to widow.
13. Meaning of words "As Interest may Appear".
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
17. Effect of making loss payable to a third party..
18. Policy assignable after fire
25
Legal representatives
contract..
RULE 1. Legal representatives included in "insured" by
2. Who included by legal representatives
3. Ordinary meaning of legal representatives
4. Effect of death of insured - Right to maintain
action . .
28
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
31
33
34
35
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
16. Lien of mortgagee upon insurance
18. Provision requiring notice of change of title
41
15. Effect of repairs by owner
17. Mortgagee may claim waiver
42
Foreclosure...
43
19. Right to assignment of mortgage must be exer-
cised within reasonable time ..
20. Special rule of construction in some of the States.
44
Adjuster and adjustment..........
RULE 1. Authority of adjuster or special agent to adjust
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
49
8. Effect of adjustment and performance — Fraud
or misrepresentation
50
51
9. Effect of receipt in full
10. Settlement with assignee holding policy as se-
curity ...
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
RULE 15. Not essential in equity to return or tender
17. Not necessarily fraud for company to make in-
dorsement upon policy after fire
53
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
CHAPTER THIRD.
Ascertainment of the loss or damage..
Location ..
56
RULE 1. Location of property as imposed by contract...
entrance..
4. Dwelling and additions
10. Usage and custom
2. Property must be in place specified ...
3. Block of buildings, different numbers but one
5. Effect of separation into items.
6. General description may cover entire plant.
7. Factory not necessarily confined to one building.
8. Admission of parol evidence
9. Part of description false
11. Ambiguity in description of location
57
58
59
60
61
12. Knowledge or verbal permission of agent
13. Written application Estoppel - Renewal
62
14. Consent of removed agents
15. Loss after consent to removal to new location..
16. Hay in stack ....
63
17. Rule 1 may be changed or modified by written.
description
18. Removal of property endangered by fire as gov-
erned by contract
64