« 이전계속 »
amount by which the aggregate sum insured in all the policies exceeds the insurable value of the thing at risk.
2621. When an over-insurance is effected by simultaneous policies, the insurers contribute to the premium to be returned in proportion to the amount insured by their respective policies.
2622. When an over-insurance is effected by successive policies, those only contribute to a return of the premium who are exonerated by prior insurance from the liability assumed by them, and in proportation as the sum for which the premium was paid exceeds the amount for which, on account of prior insurance, they could be made liable.
Section 2626. Remote and proximate per- 2628. Excepted peril. ils.
2629. Negligence and fraud...!! 2627. Incurred in rescue from
peril. 2626. An insurer is liable for a loss of which a peril insured against was the proximate cause; although a peril not contemplated by the contract may have been a remote cause of the loss; but he is not liable for a loss of which the peril insured against was only a remote cause.
2627. An insurer is liable where the thing insured is rescued from a peril insured aginst, that would otherwise have caused a loss, if in the course of such rescue the thing is exposed to a peril not insured against, which permanently deprives the insured of its possession, in whole or in part; or where a loss is caused by efforts to rescue the thing insured from a peril insured against.
2628. Where a peril is specially excepted in a contract of insurance, a loss, which would not have occurred but for such peril, is thereby excepted; although the immediate cause of the loss was a peril which was not excepted.
2629. An insurer is not liable for a loss caused by the willful act of the insured; but he is not exonerated by the negligence of the insured, or of his agents or others. 1873—256.
Notice of Loss.
Section 2633. Notice of loss.
2635. Defects waived. 2633a. Time for giving notice of 2636. Delay waived. accident, etc.
2637. Certificates, when unneces2634. Preliminary proofs.
2633. In case of loss upon an insurance against fire, an insurer is exonerated, if notice thereof be not given to him by some person insured, or entitled to the benefit of the insurance, without unnecessary delay. 1873–256.
2633a. No conditions, stipulations or agreements contained in any application for insurance in any foreign or domestic casualty or accident insurance company, or contained in any policy issued by any such company, or in any way made by any such company, limiting the time within which notice of the accident or injury, or death, shall be given to such company to a period of less than twenty days after the happening of the accident, or injury, or death, hall be valid. Said notice may be given to the company insuring, at any time within twenty days after the happening of the accident, or injury, or death and shall be valid and binding on the company. 1913 -677.
2634. When preliminary proof of loss is required by a policy, the insured is not bound to give such proof as would be necessary in a court of justice; but it is sufficient for him to give the best evidence which he has in his power at the time.
2635. All defects in a notice of loss, or in preliminary proof thereof, which the insured might remedy, and which the insurer omits to specify to him, without unnecessary delay, as grounds of objection, are waived.
2636. Delay in the presentation to an insurer of notice or proof of loss is waived, if caused by any act of his, or if he omits to make objection promptly and specifically upon that ground.
2637. If a policy requires, by way of preliminary proof of loss, the certificate or testimony of a person other than the insured, it is sufficient for the insured to use reasonable diligence to procure it, and in case of the refusal of such person to give it, then to furnish reasonable evidence to the insurer that such refusal was not induced by any just grounds of disbelief in the facts necessary to be certified.
Double Insurance. Section
Section 2641. Double insurance.
2642. Same, contribution.
2641. A double insurance exists where the same person is insured by several insurers separately in respect to the same subject and interest.
2642. In case of double insurance, the several insurers are liable to pay losses thereon as follows:
One. In fire insurance, each insurer must contribute ratably towards the loss, without regard to the dates of the several policies.
Two. In marine insurance, the liability of the several insurers for a total loss, whether actual or constructive, where the policies are not simultaneous, is in the order of the dates of the several policies; no liability attaching to a second or other subsequent policy, except as to the excess of the loss over the amount of all previo policies on the same interest. If two or more policies bear date upon the same day, they are deemed to be simultaneous, and the liability of insurers on simultaneous policies, is to contribute ratably with each other. The insolvency of any of the insurers does not affect the proportionate liability of the other insurers. The liability of all insurers on the same marine interest for a partial or average loss, is to contribute ratably. 1873–257.
2646. A contract of reinsurance is one by which an insurer procures a third person to insure him against loss or liability by reason of such original insurance.
2647. Where an insurer obtains reinsurance, he must communicate all the representations of the original insured, and also all the knowledge and information he possesses, whether previously or subsequently acquired, which are material to the risk.
2648. A reinsurance is presumed to be a contract of indemnity against liability, and not merely against damage.
2649. The original insured has no interest in a contract of reinsurance.
II. Insurable Interest.
V. Implied Warranties.
IX. Measure of Indemnity.
2655. Marine insurance, what.
2655. Marine insurance is an insurance against risks connected with navigation, to which a ship, cargo, freightage, profits, or other insurable interest in movable property, may be exposed during a certain voyage or a fixed period of time.
Insurable Interest. Section
Section 2659. Insurable interest in a ship. 2663. Interest in same. 2660. Reduced by bottomry. 2664. Insurable interest in profits. 2661. Freightage.
2665. Insurable interest of char2662. Expected freightage.
2659. The owner of a ship has in all cases an insurable interest in it, even when it has been chartered by one who covenants to pay him its value in case of loss.
2660. The insurable interest of the owner of a ship hypothecated by bottomry is only the excess of its value over the amount secured by bottomry.
2661. Freightage, in the sense of a policy of marine insurance, signifies all the benefit derived by the owner, either from the chartering of the ship or its employment for the carriage of his own goods or those of others.
2662. The owner of a ship has an insurable interest in expected freightage which he would have certainly earned but for the intervention of a peril insured against.
2663. The interest mentioned in the last section exists, in the case of a charter-party, when the ship has broken ground on the chartered voyage, and if a price is to be paid for the carriage of goods when they are actually on board, or there is some contract for putting them on board, and both ship and goods are ready for the specified voyage.
2664. One who has an interest in the thing from which profits are expected to proceed, has an insurable interest in the profits.
2665. The charterer of a ship has an insurable interest in it, to the extent that he is liable to be damnified by its loss.
Section 2669. Information must be com- 2671. Presumption of knowledge municated.
of loss. 2670. Material information. 2672. Concealments which only
2669. In marine insurance each party is bound to communicate, in addition to what is ]
at is required by section two thousand five hundred and sixty-three, all the information which he possesses, material to the risk, except such as is mentioned in section two thousand five hundred and sixty-four, and to state the exact and whole truth in relation to all matters that he represents, or upon inquiry assumes to disclose.
2670. In marine insurance, information of the belief or expectation of a third person, in reference to a material fact, is material.
2671. A person insured by a contract of marine insurance is presumed to have had knowledge, at the time of insuring, of a prior loss, if the information might possibly have reached him in the usual mode of transmission, and at the usual rate of communication.
2672. A concealment in a marine insurance, in respect to any of the following matters, does not vitiate the entire contract, but merely exonerates the insurer from a loss resulting from the risk concealed. 1. The national character of the insured;
The liability of the thing insured to capture and detention; 3. The liability to seizure from breach of foreign laws of trade;
The want of necessary documents; and, 5. The use of false and simulated papers.
Section 2676. Effect of intentional falsity. 2677. Representation of expecta
2676. If a representation, by a person insured by a contract of marine insurance, is intentionally false in any respect, whether material or immaterial, the insurer may rescind the entire contract.
2677. The eventual falsity of a representation as to expectation does not, in the absence of fraud, avoid a contract of insurance.
Implied Warranties. Section
Section 2681. Seaworthiness.
2686. Unseaworthiness during 2682. Defined.
voyage. 2683. When must exist.
2687. Seaworthiness for purpose 2684. Things necessary to consti insurance cargo. tute seaworthiness.
2688. Neutral papers. 2685. Degrees of seaworthiness.
2681. In every marine insurance upon a ship of freight, or freightage, or upon anything which is the subject of marine insurance, a warranty is implied that the ship is seaworthy. 1873—257.
2682. A ship is seaworthy, when reasonably fit to perform the services, and to encounter the ordinary perils of the voyage, contemplated by the parties to the policy.
2683. An implied warranty of seaworthiness is complied with if the ship be seaworthy at the time of the commencement of the risk, except in the following cases:
One. When the insurance is made for a specified length of time, the implied warranty is not complied with, unless the ship be sea