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 |
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Page 13
... paid , the provision may be waived by the company , and as to whether it has done so or not , is a question of fact for the jury . Where there is a valid agreement to insure , an action may be brought on such agreement , although no ...
... paid , the provision may be waived by the company , and as to whether it has done so or not , is a question of fact for the jury . Where there is a valid agreement to insure , an action may be brought on such agreement , although no ...
Page 15
... paid when the policy was delivered . The agent did not make out the policy , and the premises having been destroyed by fire , the plaintiff tendered the premium and demanded a policy . The defendant refused to execute or deliver the ...
... paid when the policy was delivered . The agent did not make out the policy , and the premises having been destroyed by fire , the plaintiff tendered the premium and demanded a policy . The defendant refused to execute or deliver the ...
Page 16
... paid therefor must be agreed upon , and paid , or exist as a valid legal charge against the party insured where payment in advance is not a part of the condition upon which the policy is to attach . The absence of either or any of these ...
... paid therefor must be agreed upon , and paid , or exist as a valid legal charge against the party insured where payment in advance is not a part of the condition upon which the policy is to attach . The absence of either or any of these ...
Page 17
... paid . And did the proof in regard to the contract come up to and sustain these allegations , there would be no doubt as to the plaintiff's right to recover under the former decision . Strohn v . The Hart- ford Ins . Co. , 33 Wis . 650 ...
... paid . And did the proof in regard to the contract come up to and sustain these allegations , there would be no doubt as to the plaintiff's right to recover under the former decision . Strohn v . The Hart- ford Ins . Co. , 33 Wis . 650 ...
Page 18
... paid , and the continuance of the risk , are not agreed upon , nor is there any stipulation in the agreement from which these im- portant elements of the contract could be fixed and determined . The rate of pre- mium and continuance of ...
... paid , and the continuance of the risk , are not agreed upon , nor is there any stipulation in the agreement from which these im- portant elements of the contract could be fixed and determined . The rate of pre- mium and continuance of ...
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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...