A Treatise on the Law of Insurance in All Its Branches: Especially Fire, Life, Accident, Marine, Title, Fidelity, Credit, and Employers' Liability; with an Appendix of Statutes Affecting the Insurance Contract and a Collection of Forms

Cover
Banks Law Publishing Company, 1909 - 959 Seiten
 

Inhalt

American Lloyds
11
Fire Insurance
12
Life Insurance
13
Accident Insurance
14
Classification of Risks
15
Mortuary Tables
16
Reserve
17
Different Kinds of Policies
18
Same SubjectMarine
21
Same SubjectFire
22
Same SubjectLife
23
Mixed Risks Sea and Land 23 Reinsurance Pages 125
24
CHAPTER II
27
Indemnity the ObjectPure Wagers Void
31
Insurable InterestFire
33
Same SubjectLegal Title
34
Same SubjectEquitable Title
35
Illegal or Defective Title 29 Same SubjectRepresentative Capacity 30 Same SubjectLiens
36
Same SubjectPossession
37
Same SubjectContract Rights 33 Same SubjectLiability
38
Insurable InterestLife
39
Ties of Affection Blood or Mar
42
Insurance Does Not Always
48
Same SubjectStipulation
55
Premium When Returnable
61
Assignment of Policies
78
If Some of Donee Beneficiaries
84
Parol to Explain Ambiguity
88
Rights of Creditors to Life
90
derstood
101
tion of Contract
113
Marine Insurance
120
Whether New Consideration 126 Considerations Favoring Doc
122
Representations
128
What Cannot Be Waived 143 Silence Not a Waiver
130
CHAPTER V
134
The SameReceipt of Overdue 150 Taking Part in Adjustment
136
Warranties Contrasted with
145
Statutes Making Warranties
156
Agency Determined by Facts 169 Mere Knowledge of Solicitor
158
The SameException as to 178 As to Provisions Relating
166
What Is Marine Insurance 193 Constructive Total LossUni
181
CHAPTER VIII
189
Constructive Total LossEng 202 Total Loss
192
riage
239
Insurance Payable Sixty Days
243
Interest of the Insured
249
Watchman
256
Onethird Off New for
259
Contributory Value of Freight
273
In Consideration of the Stipu
280
Survey etc When a War 289 Return Premium When Policy
282
The Following Described Prop
288
Removal of Property for 306 Appraisal
295
Coinsurance and Other Special
301
Falling Building Insurance
374
CHAPTER XVIII
377
Introductory 397 Intoxication or Narcotics
384
Introductory
410
Name of the Assured
411
Lost or Not Lost CHAPTER XIX
412
Masters NameShips Name
413
The Subject of Insurance
414
Same SubjectShip
415
Same SubjectCargo
416
Same SubjectFreight
417
Commencement of RiskShip
418
Freight 419 Commencement of the Risk
419
Pages 461494
461
Title Insurance isfied Liability
467
Knowledge of What Agents Is mise or Defense in Accident
473
CHAPTER XVII
495
Extended or Paidup Insur 364 Assessments Must Be Lawfully
506
Pages 537581
537
Cargo
585
Same SubjectIndorsements Declarations 421 The Voyage
591
Duration and Termination of Risk
593
Touch and Stay 424 Prohibited Waters
598
CHAPTER XX
600
Wear and Tear Pages 582599
605
Fire
606
Perils of War
607
Arrests Restraints of Kings Princes or People
610
Thieves 434 Barratry
611
Jettison 436 All Other Perils Losses or Misfortunes
614
Proximate Cause
615
When Nearest Antecedent Cause Held Responsible
616
Proximate Cause How Far Followed in Its Results
617
An Independent Intervening Cause
619
Joint Action of Peril Insured Against and Peril Excepted
620
Proximate Cause as Limiting Insurers Liability
624
Original Defect
625
Inherent Vice
626
Application of Principles to Particular Average 448 The Sue and Labor Clause
628
Exemption of Loss under Five Per Cent
635
Other Assurance Clause
636
Warranted Uninsured 452 Warranted Uninsured beyond a Specified Amount 453 Warranted Free of Capture
637
Want of Ordinary Care and Skill
638
Other Perils Sometimes Ex cepted
639
Memorandum Clause War ranted Free from Average Unless General
640
Whether Constructive or Only Actual Total Loss Will Sat isfy the Warranty
642
Total Loss of Part
643
Unless Ship Be Stranded
644
What Constitutes Stranding
645
Pages 681717
681
Pages 718776
718
RELATING TO ADJUSTMENT
777
Memorandum Articles
847
Creditor in Life of Debtor
864
SameTo What Amount 38 Other Business Relations
865

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Seite 732 - ... shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property...
Seite 756 - This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by and expense of removal from premises endangered by fire, than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers. covering such property...
Seite 730 - Loss or damage, if any, under this policy, shall be payable to M mortgagee [or trustee], as interest may appear, and 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...
Seite 753 - ... 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...
Seite 719 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Seite 722 - 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 montks next after the fire.
Seite 458 - 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...
Seite 756 - ... 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 the amount of such loss...
Seite 721 - This policy shall be canceled at any time at the request of the insured; or by the company by giving five days' notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining the customary short rate; except that when this policy is canceled by this company by giving notice it shall retain only the pro rata...
Seite 603 - Maritime perils" means the perils consequent on, or incidental to, the navigation of the sea,. that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints, and detainments of princes and peoples, jettisons, barratry, and any other perils, either of the like kind or which may be designated by the policy.

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