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action adjuster agent agreed agreement alleged amount answer appears appellant appellee application appraisers assessment assignment assured authority become benefit brought building cause certificate charge claim clause condition consent consideration contained contract corporation court damage death Decision defendant effect entitled error evidence existence fact fire fund furnished further give given ground held injury instructions Insurance Co insurance company intended interest issued judgment jury knowledge letter liability limitation material matter meaning ment months mortgage named notice objection occurred opinion owner paid parties payment person plaintiff policy of insurance premium present proofs of loss provision question reason received recover reference refused rendered risk rule statement statute stipulation sufficient suit sustained taken testimony thereof tion trial unless void waived waiver witness written
Page 331 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Page 129 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 348 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding: on its part relating to the appraisal or to any examination herein provided for ; and the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 342 - Any carrier or party liable on account of loss of or damage to any of said property shall have the full benefit of any insurance that may have been effected upon or on account of said property...
Page 817 - 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...
Page 329 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 405 - It is settled law that a creditor has an insurable interest in the life of his debtor, but up to this time there is no decision as to the limit of this right.
Page 817 - ... said ascertainment or estimate shall be made by the insured and this company, or, if they differ, then by appraisers, as hereinafter provided; and, the amount of loss or damage having been thus determined, the sum for which this company is liable pursuant to this policy shall be payable sixty days after due notice, ascertainment, estimate, and satisfactory proof of the losa have been received by this company in accordance with the terms of this policy.
Page 14 - The case was submitted to the trial court upon an agreed statement of facts and...