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 viii
... warranty is determined . SEC . 172 . Watchmen . SEC . 173. Water - Substantial compliance - Excuses , when . SEC . 174. Force pump . SEC . 175 . Rule in Gloucester Manufacturing Co. SEC . 176 . Conditions precedent . CHAPTER V. WARRANTIES ...
... warranty is determined . SEC . 172 . Watchmen . SEC . 173. Water - Substantial compliance - Excuses , when . SEC . 174. Force pump . SEC . 175 . Rule in Gloucester Manufacturing Co. SEC . 176 . Conditions precedent . CHAPTER V. WARRANTIES ...
Page 111
... warranty that the phaton would be contained in the barn and would remain there except when absent for temporary purposes . " In the case at bar , " said ADAMS , J. , " there is nothing to indicate that it was the intention to insure the ...
... warranty that the phaton would be contained in the barn and would remain there except when absent for temporary purposes . " In the case at bar , " said ADAMS , J. , " there is nothing to indicate that it was the intention to insure the ...
Page 132
... warranty is in the nature of a condition precedent , and per- formance of it must be shown by the person insured ... Warranties . " ' Reynolds v . Commerce Ins . Co. , 47 N. Y. 597 . Wood v . Hartford F. Ins . Co. , 13 Conn . 533 ; 2 Ben ...
... warranty is in the nature of a condition precedent , and per- formance of it must be shown by the person insured ... Warranties . " ' Reynolds v . Commerce Ins . Co. , 47 N. Y. 597 . Wood v . Hartford F. Ins . Co. , 13 Conn . 533 ; 2 Ben ...
Page 134
... warranty was true , and that the property was entirely " non - hazardous . " If it was only partly so , the warranty is violated ; unless , as previously stated , the language of the policy is such as not to exclude all such goods ...
... warranty was true , and that the property was entirely " non - hazardous . " If it was only partly so , the warranty is violated ; unless , as previously stated , the language of the policy is such as not to exclude all such goods ...
Page 143
... warranty was of a force pump in a dwelling - house at all times ready for use , I should hold it satisfied . by the existence of a force pump in a condition to be worked , " because , referring to the subject - mattter of the contract ...
... warranty was of a force pump in a dwelling - house at all times ready for use , I should hold it satisfied . by the existence of a force pump in a condition to be worked , " because , referring to the subject - mattter of the contract ...
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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...