The Insurance Law Journal: Reports of All Decisions Rendered in Insurance Cases in the Federal Courts, and in the State Courts of Last Resort, Volume 23; Volume 43L.A. Mack, 1914 - Insurance law |
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Page 17
... sufficient to form a belief as to the remaining allegations of the complaint , with some immaterial exceptions so far as any question here involved is concerned . The defendant sets up as a defense that the policy in suit was issued ...
... sufficient to form a belief as to the remaining allegations of the complaint , with some immaterial exceptions so far as any question here involved is concerned . The defendant sets up as a defense that the policy in suit was issued ...
Page 29
... sufficient equitable element , as they affect the validity of the contract of insurance , which cannot be impeached in this collateral way . This is sound doctrine , when confined within its proper limits , and not only is it such , but ...
... sufficient equitable element , as they affect the validity of the contract of insurance , which cannot be impeached in this collateral way . This is sound doctrine , when confined within its proper limits , and not only is it such , but ...
Page 30
... sufficient to warrant the peremptory instruction of the court that V. T. Lamb had the requisite power to ratify , as the evidence may be changed at the next trial , and present the matter in à different aspect , rendering premature and ...
... sufficient to warrant the peremptory instruction of the court that V. T. Lamb had the requisite power to ratify , as the evidence may be changed at the next trial , and present the matter in à different aspect , rendering premature and ...
Page 67
... Sufficient unto the day is the evil thereof . " [ 4 ] This stipulation is used in this action to work a forfeiture . The law abhors a forfeiture , and will countenance it only strictis- simi juris . Besides , the stipulation , being ...
... Sufficient unto the day is the evil thereof . " [ 4 ] This stipulation is used in this action to work a forfeiture . The law abhors a forfeiture , and will countenance it only strictis- simi juris . Besides , the stipulation , being ...
Page 75
... sufficient to sustain this finding . We do not deem it necessary to discuss it at length . The principal point , made upon the proposition that the evidence is insufficient is that the agents of the insurance company , Shepherd & Teague ...
... sufficient to sustain this finding . We do not deem it necessary to discuss it at length . The principal point , made upon the proposition that the evidence is insufficient is that the agents of the insurance company , Shepherd & Teague ...
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Common terms and phrases
accident action Affirmed agent alleged amount answer Appeal and Error Appeal from Circuit Appellee application appraisers Ass'n assignment assured authority beneficiary benefit certificate Bright's disease by-laws cancellation Casualty Cent Circuit Court city of Cortland claim clause condition contract of insurance County Court of Appeals death Decision rendered defendant appeals defendant's disability District Court estopped estoppel evidence fact fendant fire insurance fire policy forfeiture held home office indemnity injury insurance company insurance policy INSURANCE-ACTION INSURANCE-LIFE INSURANCE-MUTUAL BENEFIT insured's interest issued Judge judgment for plaintiff jury liability loan ment Missouri mortgagee Mutual N. Y. Supp Northwestern Nat notice paid pany parties payable payment person Plaintiff in Error policy of insurance premium proofs of loss question received recover reinsurance risk S. W. Rep statement statute subrogation Supreme Court surance sustained thereof tion trial verdict void waived waiver York York City
Popular passages
Page 608 - In the event of disagreement as to the amount of loss. the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two *shall...
Page 763 - Constitution protects, we find that, when private property is "affected with a public interest, it ceases to be juris privati only.
Page 609 - ... 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...
Page 232 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Page 62 - 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...
Page 477 - 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, and 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...
Page 610 - No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements nor unless commenced within twelve months next after the fire.
Page 674 - No action shall lie against the company as respects any loss under this policy unless it shall be brought by the assured himself to reimburse him for loss actually sustained and paid by him in satisfaction of a judgment after trial of the issue.
Page 444 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Page 609 - ... within sixty days after the fire, unless such time is extended in •writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property; the cash value of each item thereof and the amount of loss thereon...