A Treatise on Marine, Fire, Life, Accident and All Other Insurances: Including Mutual Benefit Societies, Covering Also General Average, And, So Far as Applicable, Rights, Remedies, Pleading, Practice and Evidence, 1권

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Bancroft-Whitney Company, 1897
 

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Right to rebuild must be expressly reserved
civ
Rules stated in Leslie v French
cv
ATTACHMENT AND DURATION OF RISK
cvi
Need not disclose matters of express or implied warranty
cix
Generally
cx
SUBJECT OF INSURANCE
cxi
TITLE I
3
Revisiting port
4
To whom dues and assessments payable
5
Order of Knights of Pythias 738 Designation of beneficiaryHow construed Analogous to testamentary disposition 739 Where no beneficiary design...
8
Specie and returns thereof Cash
13
Fire
15
Where insureds belief apprehension or fear of danger
18
2641 Suicide under clause benefiting third parties acquiring inter
20
member
24
When power to assess may be delegatedExceptions to rule
25
Termination of risk Nonpay
26
Death from disease as a secondary cause not death by
32
Parol contractsStatutory or charter provisions
35
Parol contractsStatutory or charter provisionscontinued
36
TITLE II
37
Marine risks
42
Liberty clauses to cruise capture etc for designated time
45
Statutory provision Certificates
50
Factories Mills
52
TITLE III
55
VOID AND ILLEGAL INSURANCES
56
WaterTanks filled etc Fire riskContinuing
65
Wifes property
67
Life insurance is not a contract of indemnity
69
Cases favoring a constructive total loss
73
of insurance
74
Amount of premium for which mortgagor is chargeable
81
1161 Right of mortgagee to recover premiums paid after decree
91
Proposal and Acceptance III Completion of Contract Prepayment of Premium IV Completion of Contract Delivery of Policy Knowledge of L088 SU...
100
Effect of memorandumBinding slip in dorsement etc 66 Completion of contract marine and fire Binding slip er enn en son cos con en er en so con S...
101
False representations owing to fault etc of insurers agent 1906 Statements founded on information from agent 1907 Positive statements founded on ...
104
Aggregation of losses
105
Fire risk
119
Where repairing inury will rice vessel though unsound
132
Cases
136
Computation of time
138
Attachment of risk at and from home port
141
Recovery and disposal of property by under
152
What goods are covered may be determined by custom
158
Marine risk
159
Vessel disabled at sea and expenses consequent upon seeking
165
Description of parties
166
CHAPTER V
169
Vendor or one who has contracted to convey
174
Port of necessity
178
Cases relied on in support of the last rule
180
Alteration by act of proprietors
182
General principles as to void and illegal contracts
183
Whatever affects the state and condition of the ship at
186
The amount Inequality 1306 Examination and allowance of claims 1307 What may be included
188
No vested right though beneficiary has possession of certifi cate
190
1202 Payment by note
193
Vendee
199
Right of assured to surrender life policy dependent upon
201
THE POLICYITS FORM AND REQUISITES 145 Policy defined 146 Certificates in mutual benefit societies or associations 147 Division and kinds...
203
Wager policies valid at common law now void
207
Stores and outfit What ship includes
208
210 Effect of waiver of proof where policy provides that no suit
210
Extent of mortgagors insurable interest
218
1205 Validity of such provisions
225
Right to apply policy in case of different ship
226
Partial interest remaining
230
Agreement to renew not within statute of frauds
235
Insurable interest policy payable as his interest may ap pear
238
When action is deemed to be commenced
242
Principles governing right to return of premium where risk
243
CHAPTER VII
247
Warranty to sail may not be engrafted on a policy
248
One in possession with power of sale
249
Attachment and duration of risk where voyage insured
250
Ships general agent no insurable interest in advances
255
When other papers are and are not part of policy
259
1113 Offsetpremium and rents due from agent
264
Assessments Premium notes 8 1312 Statute of limitations Assessments
269
Risk on freight will only attach from loading of the vessel
270
CHAPTER VIII
276
When place where policy is countersigned is place of con tract 230 When place of delivery is place of contract
305
When place of acceptance and mailing is place of contract
306
Lex loci contractus
307
CONSTRUCTIONUSAGE
308
Where intelligence or report proves untrue
310
Fraud Credi
311
Construction of representation
314
Notice to neutral of blockade required
315
Cases
320
Pawnbroker 924 Innkeepers 925 Carriers
327
Safely landed defined and construed
328
Whether war excuses nonpayment premium
329
What goods are covered may be determined by known usage
331
Restrictions on commerceCommercial and foreign regula
332
Rules as to representations apply to modification of con tract
335
THE POLICYALTERATION AND MODIFICATION
340
Mortgagor and mortgagee
343
Deviation to comply with warranty
345
Substitution of parties
346
Early decisions 285 Trading with enemy mistake or ignorance no excuse 286 Defense of alien enemy 287 Binding force here of laws of belligerent ...
348
Attachment risk
353
WaiverHolding overdue premium notes and demanding
356
Merely taking possession of vessel and deficiency in repairs
362
Suicide for benefit of assureds estate or third person
366
Change in possession
369
Abandonment validly made continuing though acceptance
372
TITLE IV
379
PARTIESAGENTSBENEFICIARIES CHAPTER XII
381
Articles of separation
384
Evidence admissible to show actual party lo interest JOYCE VOL
385
Members of mutual insurance companies 317 Membership exists when contract is completed 318 Obligations and rights of members generally 319...
392
Assignee or trustee of insolvent 935 Stockholders
393
Public policy
399
Death by his own hand
400
CHAPTER XIV
402
Effect upon charter party
403
Freight partly
405
Exception of perils of the
408
Concealment suppression or spo
411
CHAPTER XV
423
Interest in royalties
425
Cases
431
Restrictions in policy as to manner of exercising authority by agent
435
CHAPTER XVI
436
That restrictions in policy on agents powers only relate to acts before loss
437
That restrictions in policy on agents powers are only prima facie binding
438
Agent may waive conditions notwithstanding inbibition in policy
439
Agents
440
Oral waiver
441
CasesContra
442
Where agent promises to make proper indorsement on policy but fails to do
443
Restriction in application on agents authority
444
Custom Course of business Similar acts
445
Custom etc Signing for principal
446
Custom etc Waiver of conditions
447
Custom etc Alteration of contract
448
Custom etc Submission to award
449
Custom etc Proofs of loss
450
Custom etc Surrender of policy
451
Custom etc Transfer of insurance
452
Custom etc Negotiation of drafts
453
Custom etc Cancellation of policy
454
Ratification of agents actsGenerally
455
Ratification of agents acts operates retroactively
456
Ratification of agents acts must be entire
457
Ratification of agents acts must be one which principal could have authorized
458
Signing for principal
459
The premium
460
Retaining benefits
461
APPOINTMENT ETC POWERS 386 Corporations act through agents 387 Charter provisions concerning agents
462
Tender to agent
465
When notice must be givenGenerally 1321 When notice need not be givenGenerally 1322 Failure to give written notice tender unnecessary 1323 S...
466
Cancellation by mistake of agent
469
Where true answers are given but agent inserts different ones
475
Policy void for fraud of assured
477
Omission or negligence of agent in filling out application
481
Where agent fills out application without inquiry or of
487
Acts of foreign assureds own gorernment
489
Custom not to treat nonpayment premium notes as for
499
Loss by theft excepted
500
Waiver
506
Construction of phrase settled limits of the United States
508
Joint agenis
511
1230 Liability incurred by default in payment of assessment
547
Manning vessel
554
Continuing
560
Freight at risk
563
Deviation to supply or repair defect in fitting for original
571
Agent must have assumed to act for claimed principal
579
Other insurance
580
CHAPTER XIX
583
Knowledge of insured 512 Statutes Soliciting agent is companys agent 513 Cases holding that agent is agent of insured 514 Misrepresentations of i...
584
Acts of insane person Fire risks
606
Its materiality not sub
609
Joint owners 945 Partner Life risk
611
Warranted free from confiscation in ships port or ports
615
Part owner
618
Is there a tendency to relax the above rule?
619
Profits of lessee
622
Stock in trade
629
Representations and misrepresentationsGenerally
635
Goods usually kept
636
Company cannot cancel when loss is imminent
638
Losses directly caused by negligence of assured or
649
Statements that are part of contract may sometimes be rep
654
Consignee na 20
659
CHAPTER XX
660
AlienationAssignment Waiver 561 Alienation Assignment When company not bound by agents acts 562 Agent Keeping prohibited articlesWaiver ...
661
Double abandonment
670
When stipulation is that policy void or risk suspended etc
689
Risk terminates where goods are transshipped without neces
693
Employment of pilot
701
Effect of
704
Assignment to partner
707
EncumbrancesWhen no waiver
712
VacantUnoccupiedWaiver
713
When no waiver 567 Agents authority Cancellation
715
Removal of property
716
CHAPTER XXI
718
Actual production of money unnecessary after peremptory
719
Conclusion 1335 Personal notice Whether notice must be actually received 1336 Service by mail 1337 Notice wrongly addressed 8 1338 Notice by...
721
1213 Subsequent parol agreementNonpayment of noteForfeit
733
Insurer chargeable with knowledge of prior policies issued
739
1216 Premium note given unauthorized company
742
Wager policyAmount recoverable 955 Owner of goods concealed from creditors 936 One whose goods are levied on 957 Insolvent Life risk
743
Provision as to designation or change of beneficiary in char ter bylaws etc must be complied with if possible
744
When mode prescribed by charter differs from general rule of
745
Exceptions to rule that bylaws etc must be followed
746
Mere regulation or matter of practice not binding as to change of beneficiary
747
CHAPTER XXII
748
Where provision as to mode of change of beneficiary cannot be complied withLoss of certificate
750
Where member dies before change of beneficiary complete
751
Where designation of beneficiary is invalid
752
Effect of invalid or inoperative change of beneficiary
753
Society only can set up noncompliance with bylaw
754
Statutes relative to designation of beneficiary
755
Statutes relative to change of beneficiary
756
Successive voyages or stages of the voyage
758
Moored twentyfour hours in good safety
761
Absent brother as beneficiary
763
Aflianced wife or betrothed as beneficiary
764
As he may direct
765
Where no children survive
766
does not generally include grandchildren
767
does not include children of wife by former mar riage
768
Where children are born subsequent to issuance of certificate or policy
769
when includes adopted childRelease of rights
770
His childrenIncludes child by former wife Who included generally
771
Their children
772
Dependents
773
Derisees
774
Devisees or in case of their prior death to legal heirs or devisees of certificate holder
775
EstateMy estate
776
Executor
777
778 Executors and administrators
778
Family as beneficiary
779
Families widows orphans or other dependents
780
Friends
781
Guardian
782
Heirs_Lawful heirs_Legal heirs_Heirs at law
783
Heirs or assigns
784
Husband as heir
785
And legal representativesHelrs or representatives
786
Himself executors
787
Ooncealment by assuredGeneral rule
788
Natural heir
789
Concealment by principal from agent to effect insurance
790
Partnership as beneficiary
791
Concealment by principal from general agent 646 Concealment by agent to effect insurance
792
Legal representatives 794 Resident brother as beneficiary 793 Son as beneficiary
793
Survivor
796
Concealment by agent other than one to effect policy 648 Concealment where agency has ceased
797
Proceeds paid to administratorEx tent of his liability
798
False advices Loss by another peril
799
Degree of diligence required to communicate information Ageut
800
Widow orphans or heirs
801
Widow orphans and heirs or devisees
802
Widow or relativesFuneral benefit
803
Exception to rule 663 Agent should notify principal of refusal to accept order 664 Agent should notify principal of failure to effect insurance 665 ...
804
Construction of contract by parties and beneficiaries
805
Wife and daughtersSurvivorWho entitled to fund
806
Wife If living and if not living to children
807
Wife or any wife that may survive and minor children
808
Wife or widow as beneficiary
809
When wife entitled against husband to proceeds of surrender policy
810
Delivery of policy as security
811
When wife has only equitable lien
812
Wifes rights where husbands misrepresentations induce her to join assignment
813
No marriage ceremony performed
815
Other
819
The memorandum clauseGenerally
824
Subsequent marriage of insured
825
Widow and surviving childrenSecond marriage
826
Where beneficiary under mutual benefit certificate dies before
827
assured 828 Where beneficiary under life policy dies before assured
828
Life policyConclu sion
829
Subsequent marraige of member Effect where wife designated as beneficiary
830
Where death of beneficiary occurs after that of insured be fore payment of fund
831
common disaster
832
Where beneficiary kills insured
833
Killing assured by insane beneficiary
834
Where killing is involuntary
835
Killing by sane assignee
836
Assignment by beneticiary
837
Ratification by beneficiary of assignment
838
Assignment to creditor
839
Endowment policy Wife as beneficiary
840
Assignment by beneficiary of life policy to one having no insurable interest
841
Lien of assignee on paidup policy
842
Where wife joins in assignment of policy on husbands life
843
CHAPTER XXIV
844
1128 Tender as prerequisite to action Judgment
845
Benefit certificate
846
Effect of provision in certificate permitting assignment
847
THE PREMIUMPAIDUP AND NONFORFEITABLE POLI
848
Beneficiary charged with notice of contents of policy 819 Possession by beneficiary of mutual benefit certificate 850 Beneficiary may be trustee of ...
850
Part
851
Maturity of policy when beneficiary reacbes certain age Debt of association
852
Policy cannot be surrendered without consent of beneficiary in life policy
853
Surrender of policy avoided for mental incapacity
854
Their consent to surren der of policy by insured not binding upon them
855
Death of wifeHer executor no power to surrender policy
856
Wife deceased at time of issuance of paidup policy
857
Regular life policy
858
Benefit societies
859
Rights of creditors of wife when beneficiary
860
Creditor as payee in policy on debtors life
861
Society not bound by secret agreement by member with chile dren as beneficiaries
862
When bequest hy wife will not pass interest in policy on bus bands life
863
Where beneficiary not bound by action of companys officers
864
Right of beneficiary to recover
865
Funeral benefit who entitled
866
Benefits payable in case of sickness or disability Insanity of member
867
Provision for release of company For damages when beneficiary does not recover
868
Beneficiary not liable for premiums paid by stranger
869
Payment assessments by beneficiary gratuitous
870
Amount of policy and premiums may be advancement to ben eficiary
871
Payment of benefit fund
872
Beneficiary entitled to fundFund cannot be garnished
873
Two or more beneficiariesJoint tenancy
874
Beneficiary may sue on policy
875
Where money due beneficiary has been paid administrator
876
assured 877 Right of beneficiary premiums paid with misappropriated money or funds
877
Statutory provisions limiting beneficiary of benefit certificate to certain classes
878
Beneficiaries Wife and children
879
Where amount exempted unreasonableUnconstitutionality of
880
Insurance of husbands life Sole benefit of wife Mutual benefit society Vested interest in wife
881

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547 페이지 - ... 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, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or...
17 페이지 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
402 페이지 - The business of insurance is not commerce. The contract of insurance is not an instrumentality of commerce. The making of such a contract is a mere incident of commercial intercourse, and in this respect there is no difference whatever between insurance against fire and insurance against
369 페이지 - States, then and in such case it may and shall be lawful for the President, by proclamation, to declare that the inhabitants of such State, or any section or part thereof, where such insurrection exists, are in a state of insurrection against the United States ; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue...
367 페이지 - Whereas the laws of the United States have been, for some time past, and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
16 페이지 - ... to the judge of the admiralty, the recorder of London, two doctors of the civil law, two common lawyers...
512 페이지 - The powers of the agent are, prima facie, coextensive with the business intrusted to his care, and will not be narrowed by limitations not communicated to the person with whom he deals. An insurance company, establishing a local agency, must be held responsible to the parties with whom they transact business for the acts and declarations of the agent, within the scope of his employment, as if they proceeded from the principal.
758 페이지 - A factor is a person to whom goods are consigned for sale by a merchant residing abroad, or at a distance from the place of sale, and he usually sells in his own name, without disclosing that of his principal. The latter, therefore, with full knowledge of these circumstances, trusts him with the actual possession of the goods, and gives him authority to sell in his own name.
261 페이지 - Wis. 1878, § 1943, provides that "wherever any policy of insurance shall be written to insure any real property, and the property insured shall be wholly destroyed without criminal fault on the part of the insured or his assigns, the amount of the insurance written in such policy shall be taken conclusively to be the true value of the property when insured, and the true amount of loss and measure of . damages when destroyed.
640 페이지 - Iowa, 1880, ch. 211, p. 209), it is provided that "any person who shall hereafter solicit insurance, or procure applications therefor, shall be held to be the soliciting agent of the insurance company or association issuing a policy on such application, or on a renewal thereof, anything in the application or policy to the contrary notwithstanding.

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