The Insurance Law Journal, Volume 7; Volume 27D.T. & L.H. Potter, 1898 - Insurance law |
From inside the book
Results 1-5 of 78
Page 28
... ground of nonoccupancy ? " A. I do not think I ever told him we should not pay , on any ground , until that time . He furnished the proofs of loss . I told him on one occasion that I had received information from other people that ...
... ground of nonoccupancy ? " A. I do not think I ever told him we should not pay , on any ground , until that time . He furnished the proofs of loss . I told him on one occasion that I had received information from other people that ...
Page 31
... ground to complain if they are now held to be estopped from setting up such a defense . " In Peabody vs. Association ( 89 Me . , 96 ) , the court say : " It would have been an inexcusable imposition to invite the plaintiff to make up ...
... ground to complain if they are now held to be estopped from setting up such a defense . " In Peabody vs. Association ( 89 Me . , 96 ) , the court say : " It would have been an inexcusable imposition to invite the plaintiff to make up ...
Page 32
2. The second ground of defense is that the household furniture and other personal property on the premises became incumbered by a chattel mortgage for $ 1,000 on the 22d day of July , 1895 , and that the policy was therefore forfeited ...
2. The second ground of defense is that the household furniture and other personal property on the premises became incumbered by a chattel mortgage for $ 1,000 on the 22d day of July , 1895 , and that the policy was therefore forfeited ...
Page 40
... ground , and thereby causes the insured to believe that a compliance with the condition to furnish proofs of loss would be unavailing and but a useless formality , and he for that reason neglects to comply with such condition , it will ...
... ground , and thereby causes the insured to believe that a compliance with the condition to furnish proofs of loss would be unavailing and but a useless formality , and he for that reason neglects to comply with such condition , it will ...
Page 42
... ground of his defense , or states another ground than that upon which he finally relies . There must , in ad- dition , be evidence from which the jury would be justified in finding that with full knowledge of the facts there was an ...
... ground of his defense , or states another ground than that upon which he finally relies . There must , in ad- dition , be evidence from which the jury would be justified in finding that with full knowledge of the facts there was an ...
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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...