The Law of Fire Insurance, Volume 1

Front Cover
Baker, Voorhis & Company, 1905 - Fire insurance

From inside the book

Contents

Building and addition attached
14
Waiver by renewal of negotiation
15
CHAPTER SECOND
17
Effect of moving part of building
20
Intention as affecting permanent fixtures
26
Settlement or adjustment with mortgagee
31
Foreclosure
43
Distinction between adjustment and agreement
49
Not essential in equity to return or tender
53
Direct loss or damage by fire
56
Removal of property endangered by fire as gov
64
Merchandise and packages not specifically
79
Loss or damage by fire as imposed by contract
84
78
99
Evidence of value as limited by time Prop
106
70
108
for purpose of removal
112
Depreciation when statute makes policy a valued
116
TITLE V
121
Damage by concussion of air caused by explosion
123
Appraisal
132
If appraisal includes property wholly consumed
133
76
135
nial of liability
141
Demand for appraisal should be made promptly
147
erty
154
award conclusive
156
Appraisers act in quasijudicial capacity
162
RULE 49 Insured bound by his inventory Effect of fraud
167
Proceedings not invalid for want of oath by
173
Award binding only to extent of subjectmatter
179
Insured may obtain relief from effect of limita
185
88
186
Effect of other acts in connection Waiver
191
PAGE
194
Statement or proof of stocks of merchandise
212
edy defects
221
ments
227
Denial of liability as waiver
228
TITLE II
239
Construction of living nearest the place of fire
242
Examination does not itself waive statement
253
Production of books of account Bills and invoices
259
duce inventory and books
268
Waiver by agent after issue of policy
272
Waiver by adjuster Question of fact Solicit ing or local agent 272a
272
Examination of books by adjuster no waiver 272b 16 Nonwaiver agreement by assured 272b 17 Destruction of safe and contents 272b
272
Meaning of fireproof safe
273
TITLE VII
274
Must be fraudulent intent
275
Claiming money payable to third partyState ments as to title
284
Question of fact for jury
285
Intentional fire caused by insured
286
Effect of statute fixing amount of loss
287
Fraud to apply for insurance on destroyed prop erty Not when prior sufficient oral contract
288
The options of the insurance company
289
RULE17 Court of equity will not interfere Remedy
293
Rents as element of damage
300
CHAPTER SIXTH
304
Insured not obliged to maintain insurance unless
310
When policy covers other interests besides that
314
Construction and application of a coinsurance
324
General and specific policies Construction
330
Construction of described property
339
PAGE
348
CHAPTER EIGHTH
357
Settlement with insured by railroad company
364
Insurance company not obliged to sue in State
371
Mortgagees right to settle with other companies
378
Effect of a vendee taking an assignment of
384
Effect of death of insured
389
Runs from date of fire
390
When time expires on Sunday
392
Filing præcipe for summons Distinction be tween setting aside service and summons
393
Amendment of summons or complaint
394
Suit in equity may be regarded as continuance of action at law Exceptions
395
Statute may permit new action after nonsuit
396
Effect of bad faith on part of company retaining policy and refusing copy
397
When companies have obtained injunction against insured he may have relief by cross bill
398
Waiver of the limitation
399
No waiver when insured has ample opportunity to commence suit and delays it
401
Waiver in appraisal Estoppel
402
Extension of time by company
403
Limitation as applied to Lloyds policy
404
toppel
405
Limitation on preceding rule Estoppel Con
414
Rule as to estoppel when policy issues no appli
422
Effect of promise by agent to make indorsement
423
Effect of payment of premium and receipt
429
When silence may be an element of estoppel
435
Limitation on authority of agents in policy
441
CHAPTER ELEVENTH
449
Policy should be construed same as any other
455
printed conditions
463
Distinction between matters of interpretation
469
Contract made when mailed
470
or clauses in general or occasional use 474
511
TITLE II
521
and coinsurance
599

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Common terms and phrases

Popular passages

Page 557 - Company as mortgagee (or trustee) as interest may appear, and this insurance, as to the interest of the mortgagee (or trustee) only therein shall not be invalidated by any act or neglect of the mortgagor or owner...
Page 137 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 486 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions, as may be indorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 514 - ... property, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property...
Page 111 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 475 - It shall be optional, however, with this company to take all, or any part, of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality...
Page 478 - ... within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire, the interest of the insured and of all others in the property...
Page 334 - ... than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property...
Page 511 - This Company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.
Page 455 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...

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