A Treatise on the Law of Fire Insurance, Adapted to the Present State of the Law, English and American: With Copious Notes and Illustrations, Volume 1Banks & Brothers, 1878 - 922 pages |
From inside the book
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Page viii
... knowledge of agent is not knowledge of insurer . Waiver by agent - Mechler v . Phoenix Ins . Co. Policy must clearly adopt the application . May be in part adopted . Not binding unless made by authority of assured . Policy cannot be ...
... knowledge of agent is not knowledge of insurer . Waiver by agent - Mechler v . Phoenix Ins . Co. Policy must clearly adopt the application . May be in part adopted . Not binding unless made by authority of assured . Policy cannot be ...
Page xii
... Knowledge of agent estops company , when . SEC . 360 . SEC 362 . SEC . 363 . SEC . 364 . SEC . 365 . Substantial compliance . SEC . 361. Effect of charter provisions . Erroneous statement of prior insurance . Verbal notice to agent ...
... Knowledge of agent estops company , when . SEC . 360 . SEC 362 . SEC . 363 . SEC . 364 . SEC . 365 . Substantial compliance . SEC . 361. Effect of charter provisions . Erroneous statement of prior insurance . Verbal notice to agent ...
Page 54
... knowledge , and that before that the defendants had changed their own minds , so that in fact it never did take place , and that consequently there was no legal delivery of this policy . This involves the more general question , does a ...
... knowledge , and that before that the defendants had changed their own minds , so that in fact it never did take place , and that consequently there was no legal delivery of this policy . This involves the more general question , does a ...
Page 55
... knowledge of the other party . Bu this knowledge would be a fact without any force , unless we suppose in the proposer a power still of electing not to accept the acceptance . But if we do this , it is apparent that the negotiation is ...
... knowledge of the other party . Bu this knowledge would be a fact without any force , unless we suppose in the proposer a power still of electing not to accept the acceptance . But if we do this , it is apparent that the negotiation is ...
Page 58
... knowledge of the loss , deliv- ered the German , Cooper and Central policies to the plaintiff , who , in considera- tion thereof , and in the belief that they were valid and binding policies upon the companies by whom they had been ...
... knowledge of the loss , deliv- ered the German , Cooper and Central policies to the plaintiff , who , in considera- tion thereof , and in the belief that they were valid and binding policies upon the companies by whom they had been ...
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Other editions - View all
Common terms and phrases
action agent agreement Allen Mass amount ance answer ante assent assignment assured authority avoid the policy Barb Bennett's F. I. C. binding breach building camphene charter Charter Oak claim clause condition consent construed contract of insurance court held court of equity Cush defects defendant delivered doctrine effect equitable estopped Etna evidence exists explosion fact Franklin Franklin F fraud Gray Mass Hartford hazardous Holland Purchase indorsed insurable interest insurance company intended Iowa jury knowledge liable Lycoming material mill mortgage notice occupied owner paid parol parties payment Penn person plaintiff policy contained policy covered policy of insurance policy provides policy was issued premises procured prohibited proofs of loss property insured purpose question recover reference renewal representation rule statement stipulation subsequent thereof thereto tion Union Mut unless valid void waived waiver warranty Wend
Popular passages
Page 476 - Dec. 581, an applicant for insurance had described the property in a written application as " his house," and it was so described in the policy. The policy contained the condition: "If the interest in the property to be insured is not absolute, it must be so represented to the company, and expressed in the policy in writing; otherwise the insurance shall be void.
Page 154 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon similar occasions and subjects.
Page 733 - ... if the assured shall have, or shall hereafter make, any other insurance on the property hereby insured, or any part thereof, without the consent of the company written hereon...
Page 153 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Page 447 - ... building or premises shall be occupied in any way so as to render the risk more hazardous than at the time of insuring, such insurance shall be void and of no effect.
Page 478 - In that case the policy provided that "if the interest in the property to be insured be a leasehold interest, or other interest not absolute, it must be so represented to the company, and expressed in the policy in writing, otherwise the insurance shall be void;" and the facts were that the assured was in possession under a parol agreement to purchase.
Page 297 - And the said applicant hereby covenants and agrees to and with said company, that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk...
Page 210 - ... happen or take place by means of any invasion, insurrection, riot or civil commotion, or any military or usurped power, explosion, earthquake or hurricane.
Page 708 - ... fire, not concerned in the loss as a creditor or otherwise, nor related to the assured, stating that he has examined the circumstances attending the loss; knows the character and circumstances of the assured, and verily believes that the assured has without fraud sustained loss on the property insured to the amount which such magistrate or notary public shall certify.
Page 212 - Conn. 459, the question was presented in an action on a policy of fire insurance which provided "that the insurers would not be liable for loss or damage, happening by means of any invasion, insurrection, riot, or civil commotion, or of any military or usurped power...