Answer "fee simple" title, construed... When company not estopped by acts of agent in writing.... 38 68 ..127, 156, 194 When company not estopped by knowledge of agent, of falsity of answer in.... 156 ............................ 156 84 Applicant bound to answer only such questions as are asked. Policy and, construed as one instrument.................... 163 139 False answers in, conclusively presumed to be intentional................................ 139 APPRAISEMENT. See Arbitration and Award. ARBITRATION AND AWARD. When assured not estopped by........... 147 ......................12, 43, 85 When not condition precedent to action.................................20, 55, 60, 76, 83, 85, 113 An unassigned direction to appraisers to affix to each article a specific damage per yard, pound, etc., is not binding on appraisers... When will be set aside.................... When binding as to amount of loss.. Waiver of, by refusing to select a " disinterested umpire" Waiver of, by charging insured with arson......... Condition precedent to action in England.. Not waived by company offering compromise... ..36, 85 ................. 49, 55 Not waived by fact that adjuster appeared and commenced examination of Whether paper signed and delivered is intended as complete award is question Where loss is payable to mortgagee, arbitration must be had with mortgagee 69 Agreement to submit to, must be in exact terms of policy... By insisting on void award, company waives right to, before suit..... See Fraternal Benefit Orders-Mutual Company. Advance, can not be applied to claims arising before insured became a 37 97 2 Levied prior to appointment of receiver, to pay death claim, must be applied 109 May be levied by receiver.... 109 Notice must be shown to have been given in accordance with by-laws............. 111 Sufficiency of notice of.. Defective notice of, waived by application for reinstatement........ When amounts paid may be recovered by member....... Court can not order receiver to make, after order of dissolution of society........ 126 Proof of necessity for................................................................................................................................................. ............... ................................................................................................. 129 By receiver, where notes illegally surrendered are not included..... Necessary proof of.... May be levied on premium notes, given to mutual company, to pay unearned Condition precedent to forfeiture for non-payment of, in Iowa.. 82 93 137 29 72 88 93 113 ..120, 122, 128, 129 ASSESSMENT SOCIETIES. See Fraternal Benefit Orders-Mutual Companies. ASSIGNMENT. Adjustment of loss with assignor is not binding on assignee....... Assignee of endowment policy takes no interest in policy if insured assignor Assignee, under void assignment, may recover premiums paid......... 17 142 142 Under Laws N. Y. 1840, policy to "wife and children" is not assignable............ 143 143 Lex loci contractus governs..... In the absence of fraud, duress, or undue influence, mere want of considera- 114 Clause avoiding policy in case of, construed. 46 Consented to, is superior to garnishee proceeding commenced subsequently.... 47 Right to bring action on, of claims for surrender value of policy in excess of 148 Of claims for surrender value in excess of that allowed and paid by company, Father, being in debt, can not assign life policy to minor child, in Alabama.... 155 89 Without consent of company avoids policy.. 90 When assignee of beneficiary is entitled to share of such beneficiary dying be- ... 162 By incomplete will, conveys no interest..... 165 When company not bound by assenting to...... 90 Right of creditor who obtains policy on debtor's life by. Proceeds of policy may be attached, for debt of beneficiary, after death of in- 115 Jurisdiction of suit in Proofs of loss condition precedent to............. Money in hands of local council of order may be attached on claim against su- ATTORNEY. Employed to collect note can not waive forfeiture.. ....... 98 BARRATRY. See Marine Insurance. BENEFICIARY. See Policy-Fraternal Benefit Orders. Where fire policy is obtained by warehouseman..... Must be of the class designated by the constitution of the order ........ 19 .103, 109 Who entitled to money where there is illegal designation of ........................103, 109 Right to withdraw accumulations on tontine policy Where no person of class named is living at death of insured the policy lapses 145 145 "Wife and children" as, under Married Woman's Property Act (England)...146, 152 ..48, 87 "Devisees, or, in the event of their prior death, to the legal heirs or devisees of 115 Policy payable to "widow" Where member names himself as, proceeds of certificate may be bequeathed 119 Named by will need not have insurable interest 119 Rights of parties where insured is killed by.. .106, 122 123 Equity may reform policy so as to make it payable to person intended by in- 151 Share of, where policy payable to wife and children ...152, 161 Action to determine rights of a, in paid-up insurance can not be maintained Wife and children as, under Rev. St. Ontario...................................................... 124 .154, 160 When person named as, will be considered as trustee... .....129, 130 When will be treated as trustee.......... 131 Rights of, not affected by amendment of by-laws whereby person named is not 132 Proof required of creditor suing as............................................................................................................ ................................................... 155 158 "Legal heirs" does not include widow. 133 Payable to wife "if living, and if not living to her children and their guar- 160 Statement of insurable interest by.............................................. ........... ...87, 100 Right of, in certificate in fraternal order......... .129, 130, 137, 140 Estoppel of company to say that, is not of class named in by-law. Right of insured to control proceeds of policy, payable to, by will............... 165 BENEVOLENT SOCIETY. See Fraternal Benefit Orders. BILL OF LADING. "Carrier shall have full benefit of any insurance," construed........... ......... 140 86 BOND. See Agent, Principal and Surety. Release of surety on........................... BROKER. Agency of may be shown by correspondence had with company............................................ When company bound by payment of premium to........................................................................................................................ BURDEN OF PROOF. See Practice. On company to show cancellation... On company to show breach of warranty. 23 168 34 On company to show forfeiture for non-payment of premium assessments......... 117 BY-LAWS. See Constitution and By-Laws-Fraternal Benefit Orders-Mutual Company. CANCELLATION. See Policy-Agent. 136 Waiver, by failure of company to cancel after knowledge of cause for forfeiture 18, When complete under ch. 110, 23, Laws N. Y. 1880. 98, 100 Repeal of statute under which company is organized does not operate as, of Notice of, by company, without returning unearned premium, not effective.... 25 .54, 175 Appointment of receiver cancels policies without further notice to policy- Notice by company to agent, to cancel policy, not binding on insured... 178 Definition of.... CASUALTY INSURANCE. CERTIFICATE. See Beneficiary-Contract-Policy. 185 Evidence of amount of recovery, necessary in action on..................... Measure of recovery in action on........... Payable to assured member, is subject to bequest by him......... CERTIFICATE OF MAGISTRATE. See Policy-Proof of Loss. 4, 5, 108, 118 .......... 119 CHARTER. Repeal of, does not operate as cancellation of policies.......... CHATTEL MORTGAGE. COMMISSION. See Agent-Cancellation-Insurable Interest. COMMON CARRIER. May show contract with customers to insure................ Clause in bill of lading that it "shall have full benefit of any insurance," Where goods are burned in transit, negligence of, is presumed...... COMPROMISE. With assignor is not binding on assignee... 17 32 .....61, 149 Vendor of property, under contract to insure for benefit of vendee, is liable to CONCEALMENT. See Application-Forfeiture. CONCURRENT INSURANCE. See Other Insurance. CONDITIONS PRECEDENT. See Policy. Making of proof of loss within time named in policy, is..............13, 54, 58, 76, 79, 81 Notice of death within time named in policy is.....................................................................................4, 79 35 Certificate of magistrate as part of proof of loss, is.................. 37 Notice of assessment in accordance with by-laws is, to forfeiture for non-pay. 111 Condition in by-law of mutual benefit order requiring submission of differ- 113 To incorporation of company in California.............. To forfeiture for non-payment of assessments, in Iowa............................ When the making of proofs within the time named in policy is not.................... |