Corpus Juris: Being a Complete and Systematic Statement of the Whole Body of the Law as Embodied in and Developed by All Reported Decisions, Volume 26William Mack, William Benjamin Hale American Law Book Company, 1921 |
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Common terms and phrases
Ætna agent Allen American Cent American F AmSR AnnCas application assessment assignment avoid the policy Barb breach building cancellation Chenango County cit Cyc City F clause Colo condition Conn Connecticut consent Continental County Mut Dist DomLR estoppel Farmers Firemen's forfeiture Franklin F German Germania F Glens Falls Hartford F held Home HowPr insurable interest Iowa liability Liverpool loss LRANS Lumber Mass Massachusetts Mut Minn Misc mortgage Mutual N. Y. Super Nebr Niagara F North America Northwestern Nat Norwich Union Paul F Phenix Philadelphia Fire Assoc premium property insured provision reinsurance risk Royal Scottish Union Springfield statute supra surance Tenn tion Union F Union Mut void waive waiver warranty Westchester F Western Assur ΝΕ
Popular passages
Page 280 - Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Page 167 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 280 - While express waiver rests upon intention, and estoppel upon misleading conduct, implied waiver may rest upon either, for it exists when there is an intention to waive unexpressed, but clearly to be inferred from circumstances, or when there is no such intention in fact, but the conduct of the insurer has misled the insured into acting on a reasonable belief that the company has waived some provision of the policy.
Page 287 - ... 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...
Page 166 - The purpose of this provision is to prevent a party who holds an undivided or contingent but insurable interest in property from appropriating to his own use the proceeds of a policy, taken upon the valuation of the entire and unconditional title, as if he were the sole owner, and to remove from him the temptation to perpetrate fraud and crime. For without this, a person might thus be enabled to exceed the measure of an actual indemnity. But where the entire loss, if the property is destroyed by...
Page 191 - If an application, survey, plan, or description of property be referred to in this policy it shall be a part of this contract and a warranty by the insured.
Page 287 - ... 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...
Page 157 - ... any false representation by the assured of the condition, situation or occupancy of the property, or any omission to make known every fact material to the risk, or an overvaluation, or any misrepresentation whatever, either in a written application or otherwise...
Page 197 - If a building or any part thereof fall, except as the result of fire, all insurance by this policy on such building or its contents shall immediately cease.
Page 287 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements or conditions as may be indorsed hereon or added hereto...