The Insurance Law Journal, Volume 7; Volume 27D.T. & L.H. Potter, 1898 - Insurance law |
From inside the book
Results 1-5 of 76
Page 16
... fraud upon the part of the said Lorscher . After Lorscher died , payment to his wife was refused , the supreme lodge claiming that , first , the certificate was not binding until it was turned over to Lorscher , or the beneficiary named ...
... fraud upon the part of the said Lorscher . After Lorscher died , payment to his wife was refused , the supreme lodge claiming that , first , the certificate was not binding until it was turned over to Lorscher , or the beneficiary named ...
Page 21
... fraud or false swearing by the insured touching any matter relating to this insurance , or the subject thereof , whether before or after a loss . Thereupon it is contended in behalf of the defendants that they are justified by the ...
... fraud or false swearing by the insured touching any matter relating to this insurance , or the subject thereof , whether before or after a loss . Thereupon it is contended in behalf of the defendants that they are justified by the ...
Page 55
... fraud , the written instrument does not express the actual contract made by the parties . This is but another method of stat- ing the rule that a party , when sued upon a written contract , may show by parol testimony that through fraud ...
... fraud , the written instrument does not express the actual contract made by the parties . This is but another method of stat- ing the rule that a party , when sued upon a written contract , may show by parol testimony that through fraud ...
Page 61
... fraud . Every presumption is in favor of the award , and a direct attack must be made upon it in the proper court , and upon proper pleadings , before it can be impeached . Under the system of pro- cedure in this State we think this ...
... fraud . Every presumption is in favor of the award , and a direct attack must be made upon it in the proper court , and upon proper pleadings , before it can be impeached . Under the system of pro- cedure in this State we think this ...
Page 89
... fraud , or so widely at variance with the truth as that a fraudulent purpose must be presumed , it ought not to ren- der the policy void . The honest judgment and opinion of the party making such valuation are all that is required ...
... fraud , or so widely at variance with the truth as that a fraudulent purpose must be presumed , it ought not to ren- der the policy void . The honest judgment and opinion of the party making such valuation are all that is required ...
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Common terms and phrases
accident action adjuster affirmed agent agreed agreement alleged amount ance answer appellant appellee application appraisement assessment assignment association assured authority beneficiary benefit building by-laws cause cause of action certificate claim clause complaint condition constitution contained contract of insurance court of equity damage death deceased Decision rendered defendant company defendant in error defendant's demurrer effect estopped estoppel evidence facts Feibelman fire follows forfeiture fraud held home office indemnity indorsed injury instruction insurable interest Insurance Co insurance company insurance policy intention interest Iowa judgment jury knowledge liability life-insurance ment mortgage nonsuit notice paid pany parties payable payment person plaintiff in error pleaded policy of insurance premium Prineville proofs of loss property insured question reason received recover refused risk rule statement statute stipulation suit SUPREME COURT surance sustained testified testimony thereof tion trial verdict void waived waiver warranty witness
Popular passages
Page 913 - ... 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, and as to such provisions and conditions 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...
Page 802 - ... 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 518 - ... 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 418 - 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 518 - 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 929 - ... 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; the cash value of each item thereof and the amount of loss thereon...
Page 393 - ... whether intended for occupancy by owner or tenant, be or become vacant or unoccupied, and so remain for ten days.
Page 222 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground, not owned by the insured in fee simple...
Page 464 - 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; said ascertainment or estimate shall be made by the insured and this com.
Page 393 - ... if any change, other than by the death of an insured, take place in the interest, title, or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...