The Insurance Law Journal, Volume 7D.T. & L.H. Potter, 1878 - Insurance law Reports of all decisions rendered in insurance cases in the federal courts, and in the state courts of last resort. |
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Results 1-5 of 77
Page 12
... statements or misrepresentations of facts material to the risk , shall be deemed fraudulent , and be an absolute avoidance . Held , that a warranty extends to every matter that it embraces , whether material or not , and must be ...
... statements or misrepresentations of facts material to the risk , shall be deemed fraudulent , and be an absolute avoidance . Held , that a warranty extends to every matter that it embraces , whether material or not , and must be ...
Page 26
... statement . I shall have occasion to say one thing , if I do not forget it , in re- gard to the autopsy . Perhaps I might as well say it here , lest I should forget it , as at any other time . Complaint was made by counsel for the ...
... statement . I shall have occasion to say one thing , if I do not forget it , in re- gard to the autopsy . Perhaps I might as well say it here , lest I should forget it , as at any other time . Complaint was made by counsel for the ...
Page 30
... . T the defendant went to the house and requested from Mrs. Gowan a statement of the case , a history of it , and she gave it ; then they the counsel for made an examination or autopsy of the body . Now 30 [ Jan. , Report of Decisions .
... . T the defendant went to the house and requested from Mrs. Gowan a statement of the case , a history of it , and she gave it ; then they the counsel for made an examination or autopsy of the body . Now 30 [ Jan. , Report of Decisions .
Page 56
... Statements on the face of the policy are not necessarily warran- ties ; their character must be gathered from the form of expression , their pur- pose and relations . Warranties will not be created or extended by construc- tion . Statements ...
... Statements on the face of the policy are not necessarily warran- ties ; their character must be gathered from the form of expression , their pur- pose and relations . Warranties will not be created or extended by construc- tion . Statements ...
Page 61
... statements or misrepresentations of facts material to the risk , shall be deemed fraudulent and be an absolute voidance of the policy . " The application does undoubtedly contain a warranty , and is im- ported into the contract . But ...
... statements or misrepresentations of facts material to the risk , shall be deemed fraudulent and be an absolute voidance of the policy . " The application does undoubtedly contain a warranty , and is im- ported into the contract . But ...
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Common terms and phrases
accepted action affirmed agent agreed agreement alleged amount answer appears appellant application assignment assured authority avoid benefit brought building cause charge circumstances claim clause condition consent contained continue contract court damage death decision defendant delivered determine effect entitled error evidence exception express fact fire forfeiture further give given ground hand Held instructions insurance company intended interest issued judgment jury knowledge liability loss material matter meaning ment months mortgage Mutual notice objection opinion owner paid parties payment person plaintiff policy of insurance premium present principle proofs provision question reason receipt received recover referred refused regard relation rendered risk rule statement statute stipulation sufficient suit SUPREME COURT taken testimony tion trial true unless void waive warranty witness written York
Popular passages
Page 258 - It shall be optional, however, with this company to take all, or any part, of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality...
Page 103 - No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this State, shall be deemed material, or render the policy void, unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable, and whether it so contributed in any case, shall be a question for the jury.
Page 420 - that the records and judicial proceedings of the Courts of any State, shall be proved or admitted in any other Court within the United States, by the attestation of the clerk, and the seal of the Court annexed, if there be a seal, together with a certificate of the' judge, chief justice, or presiding magistrate, as the case may be, that...
Page 420 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 534 - If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be severable...
Page 772 - The judgment of the superior court is reversed, and the cause remanded for a new trial in conformity to this opinion.
Page 488 - ... shall be taken and held to be as valid as if served upon the company, according to the laws of this or any other State...
Page 691 - That if a suit be commenced in any state court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State...
Page 205 - The doctrine has no place for application when the statement relates to rights depending upon contracts yet to be made, to which the person complaining is to be a party. He has it in his power in such cases to guard in advance against any consequences of a subsequent change of intention by the person with whom he is dealing.
Page 450 - Pursuant to that stipulation the parties went to trial, and the verdict and judgment were for the plaintiffs in the sum of thirty-seven hundred and thirty dollars damages, with costs of suit.