No part whereof can be waived, except in writing signed by the secretary," 86 "Change of occupants," construed... 91 Co-insurance clause construed.......... 178 "Shall * ** *furnish the certificate of the magistrate," construed.. 92 "Advances" in marine insurance, construed... 179 "Loss of one foot," construed... 11 Printed portions of, are controlled by written part.......... 96 139 ... Loss "in no event to exceed what it would then cost the insured to repair or Right to paid-up, where one full annual premium has been paid, construed... 166 PRACTICE. 65 See Variance. In Alabama "general denial" must be verified....... 1 1 Attorneys must pay costs of excessive and unnecessary matter, in brief............ 12 98 Action at law may be pleaded in abatement of suit in equity...... 14 18 22 141 ..30, 31, 38, 39, 41, 44, 141 Company may stay levy of execution by action in court other than that from Right to rehearing........... ...106, 111 Sufficiency of complaint in action on benefit certificate........ ............................. 108 ......... 142 ............... Right to submit question to jury is waived by not requesting such submission.. Jury may be allowed to take policy to room.... Authority of company to make contract can not be raised for first time on ap- Amended complaint, rejected by court, must be brought into record by bill of Plaintiff not bound to disprove matters alleged in defense, in his evidence in In Illinois the granting of rehearing is discretionary with appellate court........ 111 In Illinois the Supreme Court will not review questions of fact although un- Law of case on second appeal Case must be submitted to jury on the theory on which it was tried. ........ 116 Filling blanks in pleadings....... Where part of conversation has been introduced, other party has right to intro- Decree may not go beyond relief prayed for ................................................................................................................ 186 ..... Evidence of misrepresentation in application not admissible under general de- 52 Discretion of trial court in refusing to allow amendment of notice of defense 52 Demurrer waived by going to trial without ruling .................................................... 53 6 Mistake in policy can not be shown in absence of such allegations in pleadings 56 60 Error to sustain demurrer to answer where complaint is bad ............................. 189 66 60 Money judgment can not be rendered where not prayed for in complaint......... 189 190 Error in admission of evidence may be cured by instructions............. 159 159 When defendant should be refused right to amend answer after close of testi- 176 Proof required of plaintiff under allegation that all the conditions of the con- Plaintiff need not prove facts admitted by answer............... 136 Error of court in excluding witness not waived by attempting to prove same 162 Other insurance, if any, must be shown in complaint........................... 94 Appearance to action...... 164 Defects in complaint considered cured by verdict... 94 Adversary's pleading can not be relied on to make out cause of action or de- 95 Defense of arson must be specially pleaded............................. 97 Bill of discovery will lie against insurance company in Tennessee to discover 195 98 Instructions must be based on issues raised by pleadings.. "If the property be mortgaged," without consent of the company, construed 81 When notice of maturity of note is complete, in Iowa... Liability of mortgagee on default of mortgagor................ When can not be recovered...... When may be recovered by insured....................................... 2223 Payment of, to one not authorized to receive it, not binding on company......... 48 28 35 114 ..28, 58, 112, 123, 150, 164, 183 Waiver of prompt payment of.......... Rights of parties where premiums were paid with stolen money. .35, 57, 151 70 72 22 73 To whom it may be paid.... Receipt of premium overdue, on condition that insured is temperate and in 73 128 Sufficiency of averment of payment, in complaint.............. 159 Notes can not be assessed to pay unearned premiums....................................................................................... 78 .133, 161 Sufficiency of notice of maturity of, under Laws N. Y. 1876, c. 341................135, 163 .......... ..94, 99 93 166 35 Right of mutual company to take note, in Wisconsin. 93 98 Claims of heirs against "widow" for premiums paid by deceased husband ............... 149 PRESUMPTIONS OF LAW. Is against suicide. 104 None that application was attached to policy in accordance with requirements 143 Negligence of carrier presumed from fact of fire of goods during transit.......... 36 That insured knows contents of policy........ As to ownership of personal property in building... Of fairness on part of arbitrators.... Assent to foreclosure not presumed from silence of company.. That suppression of fact in application was intentional.... What required of plaintiff under averment of performance of all conditions PROOF OF LOSS. See Conditions Precedent-Notice-Waiver. 37 155 29 98 103 136 Making of, within time limited in policy, is condition precedent.........13, 54, 58, 76, Certificate of magistrate, as part of, is condition precedent..... Mistakes in, may be corrected at trial of cause................................................................................................... 43 ..44, 58, 64, 76 Plaintiff is neither prejudiced nor estopped by statements made by physician 116 Declining to receive, as not being made by proper party, does not waive other Under policy issued by two companies doing business as one.............................. 53 ..59, 88, 90 Unnecessary, in Pennsylvania, in case of total loss....................................................................................................................... 64 ..65, 83 Fraud or false swearing in, cause for forfeiturc............................................... ..........67, 81 What admitted by company retaining without objection......... Complaint must show that, were made within time limited in the policy. When over-valuation of loss in, is not cause for forfeiture ................................. Made by company's adjusting agent, are sufficient....................................................................................... 84 To whom may be given What sufficient......... 84 PROXIMATE CAUSE. Will not permit beneficiary, who has murdered insured, to recover on policy.106, 122 is not the same person who was his wife when policy was taken.................. 149 119 Condition in policy that company may pay to any one of the class named in 158 Where insured is murdered by beneficiary the representatives of insured may 122 QUO WARRANTO. Proceedings will lie to oust foreign insurance company from state.................... 196 Rescission of contract on refusal of company to allow......................................... 150 Right of representative of debtor to redeem policy procured by creditor........... 154 RECEIVER. See Insolvent Company. Right of, to levy assessment....... Appointment of, cancels all policies............ Sufficiency of decree appointing, for insolvent company. Illegal assessment.... Is not " Step-son is of his step-father. RELATIVE. REFORMATION. 93 189 120 See Contract-Policy-Practice. Sufficiency of evidence................. .............27, 84 151 Equity has power to decree, where there is mutual mistake as to effect of By-law, making medical examiner judge of right to, is binding.. 104 130 Rights of beneficiary after, where member dies within one month after.......... 103 107 Waiver of irregular suspension by application for........................................................................................... 120 RE-INSURANCE. Evidence of... Acceptance of, by insured.. Contract made by one who was agent of both companies, is void.. RE-INCORPORATION. Rights of beneficiary named in certificate not changed by. RELEASE. See Cancellation. REMAINDERMAN. See Tenant. RENEWAL. See Agent-Commission-Contract-Policy. Fraud of insured in obtaining, renders policy void.. Evidence of.......... REPAIRS. Clause "permission to repair without vacancy,' construed.. open lights". REPRESENTATION. See Application- Warranty. Description of risk in policy considered as............... 18 38 .26, 31 ..28, 58, 112, 123, 136, 150, 165 61 61 124 59 |