A Treatise on Marine, Fire, Life, Accident and All Other Insurances: Including Mutual Benefit Societies, Covering Also General Average, And, So Far as Applicable, Rights, Remedies, Pleading Practice, and Evidence, Band 1

Joseph Asbury Joyce

Bancroft-Whitney Company., 1897

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with other doctrines and cases apparently in conflict there	xcvi

CHAPTER XI	xcvii

1180 Death as affecting right to paidup policy	xcviii

When no return in case of several policies	xcix

1102 Whether life contract entire or from year to year	c

Prize of	ci

TITLE VI	cii

Disclosure of interest in ship or goods	ciii

Powers of adjuster	512

Temporary violation of condition	513

CHAPTER XVIII	515

1083 Premium defined	522

Waiver of prepayment	538

Revisiting or returning to a port	539

Liability after termination of contract or surrender of policy	540

Certificate of seaworthiness	544

Right to rebuild must be expressly reserved	civ

Rules stated in Leslie v French	cv

ATTACHMENT AND DURATION OF RISK	cvi

Need not disclose matters of express or implied warranty	cix

Generally	cx

SUBJECT OF INSURANCE	cxi

TITLE I	3

Revisiting port	4

To whom dues and assessments payable	5

Order of Knights of Pythias 738 Designation of beneficiaryHow construed Analogous to testamentary disposition 739 Where no beneficiary design...	8

Specie and returns thereof Cash	13

Fire	15

Where insureds belief apprehension or fear of danger	18

2641 Suicide under clause benefiting third parties acquiring inter	20

member	24

When power to assess may be delegatedExceptions to rule	25

Termination of risk Nonpay	26

Death from disease as a secondary cause not death by	32

Parol contractsStatutory or charter provisions	35

Parol contractsStatutory or charter provisionscontinued	36

TITLE II	37

Marine risks	42

Liberty clauses to cruise capture etc for designated time	45

Statutory provision Certificates	50

Factories Mills	52

TITLE III	55

VOID AND ILLEGAL INSURANCES	56

WaterTanks filled etc Fire riskContinuing	65

Wifes property	67

Life insurance is not a contract of indemnity	69

Cases favoring a constructive total loss	73

of insurance	74

Amount of premium for which mortgagor is chargeable	81

1161 Right of mortgagee to recover premiums paid after decree	91

Proposal and Acceptance III Completion of Contract Prepayment of Premium IV Completion of Contract Delivery of Policy Knowledge of L088 SU...	100

Effect of memorandumBinding slip in dorsement etc 66 Completion of contract marine and fire Binding slip er enn en son cos con en er en so con S...	101

False representations owing to fault etc of insurers agent 1906 Statements founded on information from agent 1907 Positive statements founded on ...	104

Aggregation of losses	105

Fire risk	119

Where repairing inury will rice vessel though unsound	132

Cases	136

Computation of time	138

Attachment of risk at and from home port	141

Recovery and disposal of property by under	152

What goods are covered may be determined by custom	158

Marine risk	159

Vessel disabled at sea and expenses consequent upon seeking	165

Description of parties	166

CHAPTER V	169

Vendor or one who has contracted to convey	174

Port of necessity	178

Cases relied on in support of the last rule	180

Alteration by act of proprietors	182

General principles as to void and illegal contracts	183

Whatever affects the state and condition of the ship at	186

The amount Inequality 1306 Examination and allowance of claims 1307 What may be included	188

No vested right though beneficiary has possession of certifi cate	190

1202 Payment by note	193

Vendee	199

Right of assured to surrender life policy dependent upon	201

THE POLICYITS FORM AND REQUISITES 145 Policy defined 146 Certificates in mutual benefit societies or associations 147 Division and kinds...	203

Wager policies valid at common law now void	207

Stores and outfit What ship includes	208

210 Effect of waiver of proof where policy provides that no suit	210

Extent of mortgagors insurable interest	218

1205 Validity of such provisions	225

Right to apply policy in case of different ship	226

Partial interest remaining	230

Agreement to renew not within statute of frauds	235

Insurable interest policy payable as his interest may ap pear	238

When action is deemed to be commenced	242

Principles governing right to return of premium where risk	243

CHAPTER VII	247

Warranty to sail may not be engrafted on a policy	248

One in possession with power of sale	249

Attachment and duration of risk where voyage insured	250

Ships general agent no insurable interest in advances	255

When other papers are and are not part of policy	259

1113 Offsetpremium and rents due from agent	264

Assessments Premium notes 8 1312 Statute of limitations Assessments	269

Risk on freight will only attach from loading of the vessel	270

CHAPTER VIII	276

When place where policy is countersigned is place of con tract 230 When place of delivery is place of contract	305

When place of acceptance and mailing is place of contract	306

Lex loci contractus	307

CONSTRUCTIONUSAGE	308

Where intelligence or report proves untrue	310

Fraud Credi	311

Construction of representation	314

Notice to neutral of blockade required	315

Cases	320

Pawnbroker 924 Innkeepers 925 Carriers	327

Safely landed defined and construed	328

Whether war excuses nonpayment premium	329

What goods are covered may be determined by known usage	331

Restrictions on commerceCommercial and foreign regula	332

Rules as to representations apply to modification of con tract	335

THE POLICYALTERATION AND MODIFICATION	340

Mortgagor and mortgagee	343

Deviation to comply with warranty	345

Substitution of parties	346

Early decisions 285 Trading with enemy mistake or ignorance no excuse 286 Defense of alien enemy 287 Binding force here of laws of belligerent ...	348

Attachment risk	353

WaiverHolding overdue premium notes and demanding	356

Merely taking possession of vessel and deficiency in repairs	362

Suicide for benefit of assureds estate or third person	366

Change in possession	369

Abandonment validly made continuing though acceptance	372

TITLE IV	379

PARTIESAGENTSBENEFICIARIES CHAPTER XII	381

Articles of separation	384

Evidence admissible to show actual party lo interest JOYCE VOL	385

Members of mutual insurance companies 317 Membership exists when contract is completed 318 Obligations and rights of members generally 319...	392

Assignee or trustee of insolvent 935 Stockholders	393

Public policy	399

Death by his own hand	400

CHAPTER XIV	402

Effect upon charter party	403

Freight partly	405

Exception of perils of the	408

Concealment suppression or spo	411

CHAPTER XV	423

Interest in royalties	425

Cases	431

Restrictions in policy as to manner of exercising authority by agent	435

CHAPTER XVI	436

That restrictions in policy on agents powers only relate to acts before loss	437

That restrictions in policy on agents powers are only prima facie binding	438

Agent may waive conditions notwithstanding inbibition in policy	439

Agents	440

Oral waiver	441

CasesContra	442

Where agent promises to make proper indorsement on policy but fails to do	443

Restriction in application on agents authority	444

Custom Course of business Similar acts	445

Custom etc Signing for principal	446

Custom etc Waiver of conditions	447

Custom etc Alteration of contract	448

Custom etc Submission to award	449

Custom etc Proofs of loss	450

Custom etc Surrender of policy	451

Custom etc Transfer of insurance	452

Custom etc Negotiation of drafts	453

Custom etc Cancellation of policy	454

Ratification of agents actsGenerally	455

Ratification of agents acts operates retroactively	456

Ratification of agents acts must be entire	457

Ratification of agents acts must be one which principal could have authorized	458

Signing for principal	459

The premium	460

Retaining benefits	461

APPOINTMENT ETC POWERS 386 Corporations act through agents 387 Charter provisions concerning agents	462

Tender to agent	465

When notice must be givenGenerally 1321 When notice need not be givenGenerally 1322 Failure to give written notice tender unnecessary 1323 S...	466

Cancellation by mistake of agent	469

Where true answers are given but agent inserts different ones	475

Policy void for fraud of assured	477

Omission or negligence of agent in filling out application	481

Where agent fills out application without inquiry or of	487

Acts of foreign assureds own gorernment	489

Custom not to treat nonpayment premium notes as for	499

Loss by theft excepted	500

Waiver	506

Construction of phrase settled limits of the United States	508

Joint agenis	511

1230 Liability incurred by default in payment of assessment	547

Manning vessel	554

Continuing	560

Freight at risk	563

Deviation to supply or repair defect in fitting for original	571

Agent must have assumed to act for claimed principal	579

Other insurance	580

CHAPTER XIX	583

Knowledge of insured 512 Statutes Soliciting agent is companys agent 513 Cases holding that agent is agent of insured 514 Misrepresentations of i...	584

Acts of insane person Fire risks	606

Its materiality not sub	609

Joint owners 945 Partner Life risk	611

Warranted free from confiscation in ships port or ports	615

Part owner	618

Is there a tendency to relax the above rule?	619

Profits of lessee	622

Stock in trade	629

Representations and misrepresentationsGenerally	635

Goods usually kept	636

Company cannot cancel when loss is imminent	638

Losses directly caused by negligence of assured or	649

Statements that are part of contract may sometimes be rep	654

Consignee na 20	659

CHAPTER XX	660

AlienationAssignment Waiver 561 Alienation Assignment When company not bound by agents acts 562 Agent Keeping prohibited articlesWaiver ...	661

Double abandonment	670

1209 When stipulation is that policy void or risk suspended etc	689

Risk terminates where goods are transshipped without neces	693

Employment of pilot	701

Effect of	704

Assignment to partner	707

EncumbrancesWhen no waiver	712

VacantUnoccupiedWaiver	713

When no waiver 567 Agents authority Cancellation	715

Removal of property	716

CHAPTER XXI	718

Actual production of money unnecessary after peremptory	719

Conclusion 1335 Personal notice Whether notice must be actually received 1336 Service by mail 1337 Notice wrongly addressed 8 1338 Notice by...	721

1213 Subsequent parol agreementNonpayment of noteForfeit	733

Insurer chargeable with knowledge of prior policies issued	739

1214 Power of mutual company to take notes	742

Wager policyAmount recoverable 955 Owner of goods concealed from creditors 936 One whose goods are levied on 957 Insolvent Life risk	743

Provision as to designation or change of beneficiary in char ter bylaws etc must be complied with if possible	744

When mode prescribed by charter differs from general rule of	745

Exceptions to rule that bylaws etc must be followed	746

Mere regulation or matter of practice not binding as to change of beneficiary	747

CHAPTER XXII	748

Where provision as to mode of change of beneficiary cannot be complied withLoss of certificate	750

Where member dies before change of beneficiary complete	751

Where designation of beneficiary is invalid	752

Effect of invalid or inoperative change of beneficiary	753

Society only can set up noncompliance with bylaw	754

Statutes relative to designation of beneficiary	755

Statutes relative to change of beneficiary	756

Successive voyages or stages of the voyage	758

Moored twentyfour hours in good safety	761

Absent brother as beneficiary	763

Aflianced wife or betrothed as beneficiary	764

As he may direct	765

Where no children survive	766

does not generally include grandchildren	767

does not include children of wife by former mar riage	768

Where children are born subsequent to issuance of certificate or policy	769

when includes adopted childRelease of rights	770

His childrenIncludes child by former wife Who included generally	771

Their children	772

Dependents	773

Derisees	774

Devisees or in case of their prior death to legal heirs or devisees of certificate holder	775

EstateMy estate	776

Executor	777

778 Executors and administrators	778

Family as beneficiary	779

Families widows orphans or other dependents	780

Friends	781

Guardian	782

Heirs_Lawful heirs_Legal heirs_Heirs at law	783

Heirs or assigns	784

Husband as heir	785

And legal representativesHelrs or representatives	786

Himself executors	787

Ooncealment by assuredGeneral rule	788

Natural heir	789

Concealment by principal from agent to effect insurance	790

Partnership as beneficiary	791

Concealment by principal from general agent 646 Concealment by agent to effect insurance	792

Legal representatives 794 Resident brother as beneficiary 793 Son as beneficiary	793

Survivor	796

Concealment by agent other than one to effect policy 648 Concealment where agency has ceased	797

Proceeds paid to administratorEx tent of his liability	798

False advices Loss by another peril	799

Degree of diligence required to communicate information Ageut	800

Widow orphans or heirs	801

Widow orphans and heirs or devisees	802

Widow or relativesFuneral benefit	803

Exception to rule 663 Agent should notify principal of refusal to accept order 664 Agent should notify principal of failure to effect insurance 665 ...	804

Construction of contract by parties and beneficiaries	805

Wife and daughtersSurvivorWho entitled to fund	806

Wife If living and if not living to children	807

Wife or any wife that may survive and minor children	808

Wife or widow as beneficiary	809

When wife entitled against husband to proceeds of surrender policy	810

Delivery of policy as security	811

When wife has only equitable lien	812

Wifes rights where husbands misrepresentations induce her to join assignment	813

No marriage ceremony performed	815

Other	819

The memorandum clauseGenerally	824

Subsequent marriage of insured	825

Widow and surviving childrenSecond marriage	826

Where beneficiary under mutual benefit certificate dies before	827

assured 828 Where beneficiary under life policy dies before assured	828

Life policyConclu sion	829

Subsequent marraige of member Effect where wife designated as beneficiary	830

Where death of beneficiary occurs after that of insured be fore payment of fund	831

common disaster	832

Where beneficiary kills insured	833

Killing assured by insane beneficiary	834

Where killing is involuntary	835

Killing by sane assignee	836

Assignment by beneticiary	837

Ratification by beneficiary of assignment	838

Assignment to creditor	839

Endowment policy Wife as beneficiary	840

Assignment by beneficiary of life policy to one having no insurable interest	841

Lien of assignee on paidup policy	842

Where wife joins in assignment of policy on husbands life	843

CHAPTER XXIV	844

1128 Tender as prerequisite to action Judgment	845

Benefit certificate	846

Effect of provision in certificate permitting assignment	847

THE PREMIUMPAIDUP AND NONFORFEITABLE POLI	848

Beneficiary charged with notice of contents of policy 819 Possession by beneficiary of mutual benefit certificate 850 Beneficiary may be trustee of ...	850

Part	851

Maturity of policy when beneficiary reacbes certain age Debt of association	852

Policy cannot be surrendered without consent of beneficiary in life policy	853

Surrender of policy avoided for mental incapacity	854

Their consent to surren der of policy by insured not binding upon them	855

Death of wifeHer executor no power to surrender policy	856

Wife deceased at time of issuance of paidup policy	857

Regular life policy	858

Benefit societies	859

Rights of creditors of wife when beneficiary	860

Creditor as payee in policy on debtors life	861

Society not bound by secret agreement by member with chile dren as beneficiaries	862

When bequest hy wife will not pass interest in policy on bus bands life	863

Where beneficiary not bound by action of companys officers	864

Right of beneficiary to recover	865

Funeral benefit who entitled	866

Benefits payable in case of sickness or disability Insanity of member	867

Provision for release of company For damages when beneficiary does not recover	868

Beneficiary not liable for premiums paid by stranger	869

Payment assessments by beneficiary gratuitous	870

Amount of policy and premiums may be advancement to ben eficiary	871

Payment of benefit fund	872

Beneficiary entitled to fundFund cannot be garnished	873

Two or more beneficiariesJoint tenancy	874

Beneficiary may sue on policy	875

Where money due beneficiary has been paid administrator	876

assured 877 Right of beneficiary premiums paid with misappropriated money or funds	877

Statutory provisions limiting beneficiary of benefit certificate to certain classes	878

Beneficiaries Wife and children	879

Where amount exempted unreasonableUnconstitutionality of	880

Insurance of husbands life Sole benefit of wife Mutual benefit society Vested interest in wife	881

Andere Ausgaben - Alle anzeigen

A Treatise on Marine, Fire, Life, Accident and All Other Insurances ..., Band 4
Joseph Asbury Joyce
Vollansicht - 1897

A Treatise on Marine, Fire, Life, Accident and All Other Insurances ..., Band 2
Joseph Asbury Joyce
Vollansicht - 1897

A Treatise on Marine, Fire, Life, Accident and All Other Insurances ..., Band 3
Joseph Asbury Joyce
Vollansicht - 1897

Alle anzeigen »

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acceptance accident action agent agreed agreement American amount ance application Assn assured authority become benefit binding by-laws certain certificate chapter cited claim clause Code complete consideration considered construction contained contract of insurance corporation court cover custom damage death defendant Definition delivered delivery determined Duer effect Emerigon England event evidence executed exists express fact fire fixed give given governed held indemnity insurance company intended interest Iowa issued known liability limited loss marine insurance Mass matter meaning Merchants Mutual N. W. Rep notice original paid parol parties payment person plaintiff premium proofs question reason receipt received reference reinsurance relation risk rule says ship society specified statute stipulated surance tion usage valid Vict wager writing written York

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Titel	A Treatise on Marine, Fire, Life, Accident and All Other Insurances: Including Mutual Benefit Societies, Covering Also General Average, And, So Far as Applicable, Rights, Remedies, Pleading Practice, and Evidence, Band 1 Band 1 von A Treatise on Marine, Fire, Life, Accident and All Other Insurances, Joseph Asbury Joyce A Treatise on Marine, Fire, Life, Accident and All Other Insurances: Including Mutual Benefit Societies, Covering Also General Average, And, So Far as Applicable, Rights, Remedies, Pleading Practice, and Evidence, Joseph Asbury Joyce
Autor/in	Joseph Asbury Joyce
Verlag	Bancroft-Whitney Company., 1897

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