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accident action affirmed agent agreement alleged amount answer appellant appellee application assured Atlantic Reporter authority automobile beneficiary benefit by-laws cause cause of action certificate Circuit Court claim clause complaint condition construed contract of insurance County damage death defendant appeals defendant's demurrer directed verdict disability Dolan double indemnity effect entitled error estopped estoppel evidence facts favor fire insurance forfeiture held home office indemnity injury insurance company insurance policy insured's Judge Judgment for plaintiff jury liability March 17 ment mium mortgage naphtha notice Pacific Reporter paid pany parties payable payment plaintiff in error pleaded policy issued policy of insurance premium proof of loss property insured provision question reason recover refused Southwestern Reporter statement statute subrogated suit Supreme Court surance testified testimony thereof tion underwriting verdict void waived waiver York York City York Supreme Court
Side 284 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Side 272 - ... 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...
Side 383 - 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...
Side 383 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Side 63 - ... materially affected either the acceptance of the risk or the hazard assumed by the insurer.
Side 383 - ... 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 permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Side 148 - If, with the consent of this company, an interest under this policy shall exist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the conditions hereinbefore coniained shall apply in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be written upon, attached or appended hereto.
Side 55 - ... bodily injuries effected directly and independently of all other causes through external, violent and accidental means.
Side 141 - In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing such performance.
Side 502 - If this company shall claim that the fire was caused by the act or neglect of any person or corporation, private or municipal, this company shall, on payment of the loss, be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such payment.