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BRIEFS

ON THE

LAW OF INSURANCE

By ROGER W. COOLEY

IN FIVE VOLUMES

VOLUME 4

ST. PAUL, MINN.
WEST PUBLISHING CO.

1905

COPYRIGHT, 1905,

WEST PUBLISHING COMPANY.

94922

1

TABLE OF CONTENTS.

XIX. EXTENT OF LOSS AND LIABILITY OF INSURER-MARINE INSURANCE. Page

1. Extent of loss in general......

2920

2. Constructive total loss and right to abandon therefor. 2928

3. Abandonnent and effect thereof.....

2949

4. Limitation of liability by meinorandum clause and exception

of particular average....

2968

5. Amount of liability and determination thereof.....

2980

XX. RISK AND CAUSE OF Loss-FIRE AND CASUALTY INSURANCE.

1. Place and cause of loss and excepted risks....

3006

2. Pleading and practice in relation to risk and cause of loss.. 303,5

XXI. EXTENT OF LOSS AND LIABILITY OF INSURER—FIRE AND CASUALTY

INSURANCE.

1. Extent of loss.....

3046

2. Limitation of liability by charter or by policy.

3033

3. Extent of liability in general..

3061

4. Value of property or interest...

3078

5. Effect of other insurance and apportionment of loss. 3098

6. Pleading and practice with reference to extent of liability

in general

3117

XXII. RISK AND CAUSE OF Loss-LIFÈ AND ACCIDENT INSURANCE.

1. Cause of death and excepted risks in life insurance.

3129

2. Cause of death or injury in accident insurance.

3150

3. Excepted risks in accident insurance....

3175

4. Suicide as an excepted risk in life and accident insurance.. 3224

XXIII. EXTENT OF LOSS AND LIABILITY OF INSURER-LIFE AND ACCIDENT

INSURANCE.

1. Extent of liability in life insurance....

3270

2. Extent of liability in accident and health insurance.

3287

XXIV. CAUSE OF LOSS AND EXTENT OF LIABILITY-GUARANTY AND IN-

DEMNITY INSURANCE.

1. Risk and cause of loss.....

3313

2. Extent of liability...

3330

XXV. NOTICE AND PROOFS OF Loss.

1. Necessity of notice and proof of loss......

3347

2. Time and manner of service of notice and proofs of loss... 3356

3. Persons by whom and to whom notice may be given and

proofs furnished .....

3372

4. Form and sufficiency of notice and proofs of loss.

3380

5. Pleading and practice relating to necessity and sufficiency of

notice and proofs of loss...

3402

VOL.4 B.B.INS.

(iii)

XXV. NOTICE AND PROOFS OF Loss—(Cont'd).

Page

6. Fraud and false swearing in proofs of loss.

3412

7. Effect of proofs of loss...

3433

8. Necessity and sufficiency of notice and proofs of death or

injury

3440

9. Time within which notice and proofs of death or injury

must be furnished......

3456

10. Effect of notice and proofs of death or injury..

3466

11. Waiver of notice and proof of loss, death, or injury-Gen-

eral rules

3477

12. Powers of officers and agents to waive notice and proofs of

loss, death, or injury...

3486

13. Acts and conduct constituting waiver and estoppel as to no-

tice and proofs-In general......

3510

14. Waiver of notice and proofs of loss, death, or injury by de-

nial of liability....

3531

15. Waiver of defects in notice or proofs by failure to object... 3541

16. Questions of practice relating to waiver of notice and proofs

of loss, death, or injury.....

3556

17. Notice and proofs of marine losses.

3563

18. Notice and proofs of loss in guaranty and indemnity insur-

3570

XXVI. ADJUSTMENT OF Loss.

1. Adjustment in general.......

3581

2. Necessity of arbitration or appraisal.

3595

3. Validity and effect of arbitration...

3629

4. Waiver of arbitration or appraisal....

3658

5. Arbitration in life and accident insurance and submission

to tribunals of fraternal orders.....

..3675

XXVII. RIGHT TO PROCEEDS.

1. Persons entitled to proceeds--Insurance of property....... 3688

2. Right to proceeds in life and accident insurance.

3720

3. Rights of creditors and assignees..

3787

4. Actions to determine rights...

3812

XXVIII. PAYMENT, DISCHARGE, AND SUBROGATION.

1., Insurer's right to repair or rebuild........

3823

2. Payment and discharge Insurance other than life.

3830

3. Payment and discharge of life and accident policies.. 3863

4. Penalties for refusal of, or delay in making, payment--At-

torney's fees

3884

5. Subrogation

3892

XXIX. REINSURANCE.

1. Special matters relating to reinsurance contracts...... 3932

XXX. SPECIAL MATTERS RELATING TO THE REMEDY.

1. Jurisdiction and venue.....

3944

2. Limitation of actions..

3951

3. Process

4000

.

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