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, Հատոր 1

Joseph Asbury Joyce

Bancroft-Whitney Company., 1897

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Անվանաթերթ

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CHAPTER XXVIII	xcvi

Separate risks 1014 Charterer insuring against special peril 1015 Advances by charterer on freight 1016 When charterer has no insurable interest in f...	xcvii

1180 Death as affecting right to paidup policy	xcviii

Premium returnable when risk divisible	xcix

Payment of pre mium into court	c

Prize of	ci

Bylaw as part of contract	cii

Disclosure of interest in ship or goods	ciii

CHAPTER XVIII	515

Custom etc Negotiation of drafts 454 Agency Custom etc Cancellation of policy 455 Ratification of agents actsGenerally 456 Ratification of agents ...	516

Marine risks	525

Exception as to leakage breakage dampness	526

Obligation to inquire as to agents authority	528

What is not notice of agents limited authority	530

Stipulation that only certain agents may waive 433 Limitation of agents authority in policy is valid 434 Authorities holding that restrictions in polic...	531

Strict compliance with stipulation as to rescission or can	532

Erection of adjacent buildings to which insured was not a party	civ

1106 No notice or formal declaration of forfeiture necessary 1107 Premium payable on demand 1108 Forfeiture for nonpayment of installments of ...	cv

1226 Liability after termination of contract or surrender of policy	cvi

CONDITIONS AFFECTING LOSS	cviii

INSURABLE INTEREST CHAPTER XXVII	cx

SUBJECT OF INSURANCE	cxi

PRELIMINARY CHAPTER	1

Representation may be of facts in no way material to risk	3

Revisiting port	4

To whom dues and assessments payable	5

Intemperance Waiver of provision	7

Running factory nights	8

Renewals of fire policies	9

Freight earned	11

Newspaper company cannot carry on accident insurance	20

Unloading and reloading goods to make vessel seaworthy	21

Interest of donor or contributor	22

1833	23

When power to assess may be delegatedExceptions to rule	25

Death from disease as a secondary cause not death by	32

Parol contractsStatutory or charter provisions	35

Parol contractsStatutory or charter provisionscontinued	36

CHAPTER I	37

policy	38

Marine risks	42

Sanitary inspection of buildings etc is not insurance	43

Carrying letter of marque no deviation of itself	45

1202 Payment by note	48

Statutory provision Certificates	50

Passage money	52

TITLE III	53

CHAPTER II	55

VOID AND ILLEGAL INSURANCES	56

Insurable interest at common law 892 No insurable interest under unenforceable contract 893 The interest must be neither illegal nor immoral 894 ...	58

Lease of insured property	65

Marine risk	67

Life insurance is not a contract of indemnity	69

Accident insurance is not a contract of indemnity in all cases	72

Reinsurance is a contract of indemnity 29 Other incidents of the doctrine of indemnity	73

CHAPTER III	74

Permission to obtain other insurance	76

1159 Amount of premium for which mortgagor is chargeable	81

Parol contractsMutual benefit societies	83

When endowment insurance by beneficiary association ultra	86

Wharfingers	87

Qualified interest 897 Conditional or contingent interest Expectancy Inchoate rights	89

1161 Right of mortgagee to recover premiums paid after decree	91

Where assured has no such interest as statute requires	94

Damage to other vessel	96

CHAPTER IV	100

Effect of memorandumBinding slip in dorsement etc 66 Completion of contract marine and fire Binding slip SUBDIV III Completion of Contract Pr...	101

Consignor	103

Statements founded on information from agent	104

Specific designation of port	115

Fire risk Keeping books etc	119

61 Oral agreement of agent may be controlled by application	120

Negotiations through mail	121

CHAPTER LIII	129

Where repairing inury will race vessel though unsound	132

Risk does not terminate where goods transshipped from	135

Computation of time 1111 Acceptance of entire annual premium in advance 1112 Prepayment of premiums	138

Attachment of risk at and from home port	141

Member mutual benefit society	142

Recovery and disposal of property by under	152

New policy may be only a renewal	154

Time policy	165

Description of parties	166

CHAPTER V	169

To enforce contribution policies must cover same interest	170

Vendor or one who has contracted to convey 983 Vendor	174

Port of necessity	178

Materiality of alteration	182

Distinctions to be observed	185

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

Railroad companies 899 Pecuniary interest Consanguinity or affinity 900 Whether insurable interest need be stated 901 As to the time when the int...	190

2986 Acceptance under circumstances of doubt as to right	191

Vendee	199

CHAPTER VI	203

Wager policies valid at common law now void	207

Character or kind of vessel Rating	208

Devisees	212

Location	215

Evidences and securities of property	218

What articles contraband of	222

What is other or double insurance	225

Right to apply policy in case of different ship	226

Partial interest remaining 905 The interest need not be indefeasible 906 Obligation of insurer to ascertain insurable interest in prop erty	230

CHAPTER LV	233

Successive passages Freight valued	234

Agreement to renew not within statute of frauds	235

The form of the policy	236

Conveyance by deed of property as collateral	238

The policyWhat it usually contains 178 Execution of the policy	239

When action is deemed to be commenced	242

Principles governing right to return of premium where risk	243

Affixing date 180 Execution of the policy Affixing seal 181 Requisites of a valid policy	246

CHAPTER VII	247

Life risk 994 Owner Absolute interest 995 Owner of land Buildings constructing under contract 996 Contractors Builders MaterialmenMechanics 9...	249

Attachment and duration of risk where voyage insured	250

Ships general agent no insurable interest in advances 999 Voluntary advances on vessel 1000 One expending money for his own benefit on anothers ...	255

Payment premium 1117 Payment overdue premium after loss death or sickness 1118 Death or loss within time extended for payment or days of grace	264

Assessments Premium notes 1312 Statute of limitations Assessments	269

Risk on freight will only attach from loading of the vessel	270

Sale or transfer title	271

Acquiring and holding title under distinct right not an	273

CHAPTER VIII	276

Division of warranties	297

CHAPTER IX	308

Freight valued in excess of value of carriage of goods	309

Intelligence reports or rumors of loss	310

Fraud Credi	311

Usage must be well established and notorious 242 Usage may be of recent origin	313

Usage must be reasonable	314

Delay in port should	315

Usage must be uniform	316

Parties may by express contract include or waive usage 246 Usage admissible where contract ambiguous or obscure	317

Limitation of the rule	319

Cases and authorities 249 Whether usage controls the plain legal import of words of policy	320

Opinions and cases	325

1119 Review of cases generally relied on as holding such payment of no effect	327

Conclusion	328

What excuses nonpayment premiums and assessmentsGen	329

Usage cannot legalize an illegal	330

253 Particular usage may control general usage 254 Usage controls implied limitations	331

255 Usage of another similar trade or place or of another com pany	332

Liberal construction 257 What is sufficient evidence of usage	333

Cases	334

Until she shall arrive in safety in any port or harbor of	335

Tender to agent 1123 Frequency of tender 1124 Tender after delivery up of policy fraudulently induced by agent	336

Cases	337

CHAPTER X	340

Departure from course or delay to seek protection of con	345

CHAPTER XI	348

WaiverHolding overdue premium notes and demanding	356

Repaired value and not valuation in policy	361

Merely taking possession of vessel and deficiency in repairs	362

Suicide for benefit of assureds estate or third person	366

Representation must be substantially true	369

Continuance of blockade	371

Abandonment validly made continuing though acceptance	372

Insurrection Riot Civil	373

TITLE IV	379

CHAPTER XII	381

Cestui que trust	383

Who are insurance agents	388

Classification of agents	389

Appointment of agents	390

Statutes	391

CHAPTER XIII	392

Assignee or trustee of insolvent	393

Exception of loss from existing regulations does not include	396

Death by his own hand	400

CHAPTER XIV	402

Effect upon charter party	403

1205 Validity of such provisions	408

Concealment suppression or spo	411

Demand and notice etc	422

CHAPTER XV	423

Cases	431

Restrictions in policy as to manner of exercising authority by agent	435

CHAPTER XVI	436

Assignment of life policy as collateral	438

Whether premium returnable where foreign company has	452

Percentage clause qualified by agreement as to salvage	453

CHAPTER XVII	462

Stipulation contrary to statute requiring notice 1325 Constitutionality of statute requiring notice 1326 To what class of policies New York statute ap...	466

Policy void for fraud of assured	477

Acts of insane person Fire risks 2843 Negligence Habitual carelessness of servants 2844 Negligence partly ascribable to insurer 2845 Negligence A...	478

When policy stipulates for due care 2847 Negligence Fidelity guarantee 2848 May gross negligence evince fraudulent design 2849 Shipowners pr...	479

Warranted free from confiscation in ships port or ports	481

Explosion defined	489

1127 Tender after payment overdue premiums unconditionally re quested	492

Custom not to treat nonpayment premium notes as for	499

Loss by theft excepted	500

WaterTanks filled etc Fire riskContinuing	501

Irresponsive	506

Risk may be terminated by substituting another port of	508

8210 Effect of waiver of proof where policy provides that no suit	512

Temporary violation of condition	513

Waiver of prepayment	538

Revisiting or returning to a port	539

Summary of decisions	540

Substitution new party plaintiff or defendant after expira	550

Whether inferior officers must be competent to fill masters	554

CHAPTER LL	556

Chattel mortgage under alienation clause	557

Deviation to supply or repair defect in fitting for original	571

Agent must have assumed to act for claimed principal	579

Other insurance 465 Power to bind company by contracts other than those of in surance	580

Parties referred	581

CHAPTER XIX	583

Application 498 Where agent writes down such answers as he deems material Application 499 Where agent dictates or advises the answers Applicati...	584

TITLE XI	586

Statements that are part of contract may sometimes be rep	590

1028 Mortgagor of personal property	591

Reinsurer	596

Its materiality not sub	609

Joint owners	611

Marine	618

Is there a tendency to relax the above rule?	619

2807 Profits of lessee	622

Construction of representation	623

Authorities holding the contrary doctrine	634

Storing of prohibited articles	636

Company cannot cancel when loss is imminent	638

Rules as to representations apply to modification of con	653

CHAPTER XLII	656

CHAPTER XX	660

AlienationAssignment Waiver 561 Alienation Assignment When company not bound by agents acts 562 Agent Keeping prohibited articlesWaiver ...	661

CHAPTER XXXVIII	666

Double abandonment	670

Attachment risk	673

Public policy	677

General policy War risks	689

1207 Payment by negotiable paperCases holding no demand	698

Notice	701

Manner of procuring assent to assignment of policy	707

Creditors as assignees	713

CHAPTER XXI	718

Conclusion 1335 Personal noticeWhether notice must be actually received 1336 Service by mail 1337 Notice wrongly addressed 1338 Notice by p...	719

When member may not designate beneficiary by willEffect of designation by will	735

Right of insured under regular life policy to dispose of зame by will	736

Order of Knights of Pythias	737

Analogous to testamentary disposition	738

Where no beneficiary designatedLapse to society	739

When insured in regular life policy may change beneficiary	740

Whether interest of beneficiary vested	741

Beneficiary may acquire vested interest under contract with member	742

No vested right though beneficiary has possession of certifi cate	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

False advices Loss by another peril 650 Degree of diligence required to communicate information Agent	749

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

Termination of risk on freight at port or ports of discharge	757

Confederate money 1140 Payment in foreign money equivalent to United States money may be shown	758

Designation of shipowners interest	761

Absent brother as beneficiary	763

Affianced 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

Devisees or in case of their prior death to legal heirs or devisees of certificate holder	775

EstateMy estate	776

Executor	777

Executors and administrators	778

Family as beneficiary	779

Families widows orphans or other dependents	780

Friends	781

Guardian	782

HeirsLawful heirsLegal heirsHeirs at law	783

Heirs or assigns	784

Husband as heir	785

And legal representativesHeirs or representatives	786

Himself executors etc 788 Infant as beneficiary	788

Natural heir	789

Orphans	790

Partnership as beneficiary	791

Related to	792

Legal representatives	793

Resident brother as beneficiary	794

Son as beneficiary	795

Survivor	796

In trust	797

Proceeds paid to administratorEx tent of his liability	798

Proceeds paid to administrator of in sured a trust for widow and children	799

Afterward in order named	800

Widow orphans or heirs	801

Widow orphans and heirs or devisees	802

Widow or relativesFuneral benefit	803

CHAPTER XXIII	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

Effect of payment to woman designated as wife of member when lawful wife living	814

No marriage ceremony performed	815

Wife or widow as beneficiary where insured has married when lawful wife living	816

Regular life policy Effect of divorce	817

Mutual benefit certificate Effect of divorce	818

Articles of separation	819

What articles are within the clause	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 beneficiary	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

Assignment by wife of policy on husbands life	845

Benefit certificate	846

Effect of provision in certificate permitting assignment	847

Beneficiary charged with notice of contents of policy	848

Possession by beneficiary of mutual benefit certificate	849

Beneficiary may be trustee of fund though not so designated	850

Where policy provides payment to insured if he lives to a certain dateIf not to beneficiary designated	851

Maturity of policy when beneficiary reaches 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 chil dren as beneficiaries	862

When bequest by wife will not pass interest in policy on hus bands life	863

Where beneficiary not bound by action of companys officers	864

Recovery back of loss paid by companys agent	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

Action on local agents bond	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

Agents defenses	879

Where amount exempted unreasonableUnconstitutionality of	880

Insurance of husbands life Sole benefit of wife Mutual benefit society Vested interest in wife	881

Common terms and phrases

Agency agent agent's authority agreement amount ance application Assn association assured Barb bind the company bound broker by-laws certificate charter Charter Oak clause company's condition Conn Connecticut Mut consent constitution contract of insurance corporation court Cranch U. S. declared defendant delivered Duer on Insurance estopped estoppel evidence fact Fire Insurance forfeiture Gray Mass Hartford F held indemnity indorsed Insurance Co interest Iowa issued knowledge liability limited marine insurance ment Minn mutual company mutual insurance N. W. Rep Northwestern Mut notice officers Ohio St paid pany parol parties payment person Phoenix plaintiff policy of insurance premium note principal proofs of loss property insured receive reinsurance risk rule Stat statute stipulation Supreme Lodge surance thereof tion ultra vires Union Mut usage valid void waive waiver York

Սիրված հատվածներ

Էջ 547 - ... 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...‎

Հանդիպում է 1852-1999-ը 509 գրքում

Էջ 17 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...‎

Հանդիպում է 1753-2007-ը 295 գրքում

Էջ 402 - 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 ‎

Հանդիպում է 1883-2000-ը 86 գրքում

Էջ 369 - 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...‎

Հանդիպում է 1834-2006-ը 99 գրքում

Էջ 367 - 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...‎

Հանդիպում է 1832-2008-ը 329 գրքում

Էջ 16 - ... to the judge of the admiralty, the recorder of London, two doctors of the civil law, two common lawyers...‎

Հանդիպում է 1732-2006-ը 58 գրքում

Էջ 512 - 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.‎

Հանդիպում է 1821-1992-ը 84 գրքում

Էջ 758 - 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.‎

Հանդիպում է 1819-1982-ը 58 գրքում

Էջ 261 - 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.‎

Հանդիպում է 1878-1999-ը 57 գրքում

Էջ 640 - 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.‎

Հանդիպում է 1837-1962-ը 39 գրքում

Բիբլիոգրաֆիական տվյալներ

Վերնագիր	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, Հատոր 1 Հատոր 1 of A Treatise on Marine, Fire, Life, Accident and All Other Insurances, Joseph Asbury Joyce 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, Joseph Asbury Joyce
Հեղինակ	Joseph Asbury Joyce
Հրատարակիչ	Bancroft-Whitney Company., 1897

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