The Law of Fire Insurance, Volume 1

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

From inside the book

Contents

116
24
Policy assignable after fire
28
Effect of settlement with owner and mortgagor
31
Right to assignment of mortgage must be exer
43
Effect of fraud when statute fixes amount of loss
48
Distinction between adjustment and agreement
49
Not essential in equity to return or tender
53
Usage and custom
61
Description must apply to property
65
Limitation as to presumption
71
Building includes permanent fixtures
77
Loss or damage by fire as imposed by contract
84
When building is a total loss
90
Cost of repairing or replacing not necessarily
93
Household furniture and wearing apparel
99
Evidence of value as limited by timeProp
106
for purpose of removal
112
When building cannot be said to be totally
118
Meaning of word fire as preceding explosion
124
Appraisal
132
If appraisal includes property wholly consumed
133
nial of liability
141
Demand for appraisal should be made promptly
147
erty
154
award conclusive
156
Appraisers are not partisans Must be impartial
163
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
Effect of other acts in connection Waiver
191
PAGE
194
Statement or proof of stocks of merchandise
212
Local agent may be clothed with apparent
219
Appraisal and proofs of loss distinct and sep
225
Denial of liability as waiver
228
ing
234
TITLE III
242
Examination does not itself waive statement
253
Waiver by renewal of negotiation
257
duce inventory and books
268
Not necessary to establish beyond reasonable doubt May be inferred
278
When proved by circumstantial evidence
279
Alterations and erasures in books
280
Effect of difference in amount sworn to in proofs and on trial
281
Actual extent of loss relevant on question of in tent
282
What is not fraud or false swearing
283
Claiming money payable to third party State 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
Must be in limited time
297
law
301
his authority or consent
309
When policy covers other interests besides that
314
Construction and application of a coinsurance
324
application by the court Liability of specific
330
PAGE
348
CHAPTER EIGHTH
357
Settlement with insured by railroad company
364
Insurance company not obliged to sue in State
371
Right of insurance company assignable
377
Mortgagees right to settle with other companies
378
Effect of a vendee taking an assignment of
384
Effect of death of insured
389
Suit in equity may be regarded as continuance
395
No waiver when insured has ample opportunity
401
PAGE
405
no application to inception of contract prior
416
Effect of promise by agent to make indorsement
423
Effect of written consent held for insured
430
Limitation on authority of agents in policy
441
CHAPTER ELEVENTH
449
Contract made when mailed
450
Policy should be construed same as any other
455
printed conditions
463
Distinction between matters of interpretation
469
Making of contract may be conditional Inten
471
521
597

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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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