FIRE INSURANCE-Continued. keeping-storing, 191. policy covers entire building, 193. open policy on merchandise, 194. construction of pro rata clause in in re-insurance, 194. effect of misstatement of title, 195. when forfeiture is waived, 204. company estopped from setting up breach of conditions when, 207. "vacant or unoccupied."-" vacant and unoccupied, 223." permission to violate conditions, 228. unlawful use of buildings, 229. contingent interests, 230. by what law governed, 231. duty of assured to save property, 232. assignment of policy, 232. relative rights of mortgagor and mortgagee, 233. mistakes in policies, 234. conditions as to notice, etc., must be complied with, 235. loss must be consequence of ignition, 236. explosion-loss by, 238. destruction of building to arrest fire, 262. loss by theft-proximate cause, 264. total loss-what is, 273. negligence of assured, 274. return premium, 286. when assignment of policy creates new contract, 287. indorsement passes title in proceeds of policy, 287. policy not countersigned by agent, 287. right to cancel-when cancellation takes effect, 288. right to cancel when property is in immediate peril, 293. forfeiture may be waived, 294. mortgagor's right to proceeds of policy assigned to morgagee, 296. promise to pay loss when not liable therefor, 298. policy payable to morgagee as interest may appear, 299. FIRE INSURANCE-Continued. misstatement as to incumbrances, 300. proceeds of policy after death of assured, 302. materials of which building is composed, not insured, 302. loss must be from cause not expected against, 307. distance from other buildings, 308. adjoining premises, 310. application must be true, 311. changes subsequent to insurance must be noticed, when, 312. prohibited uses, 312. insured bound by acts of his agent, 314. fraud of insurers; effect upon policy, 315. Assured may surrender policy for cancellation, 315. effect of partial settlement of loss, 316. right of insurer to recover back money paid for loss, 316. property described without words limiting location of risk, 317. policies in blank, or to whom it may concern, 319. policy in name of agent, 320. joint owners, 321. rebuilding, effect of notice of, 322. renewals, 334. void policy not vitalized by consent to transfer, 336. equitable lien upon insurance money, 343. conditions of policy must be strictly performed, 342. Sending premiums by mail, 343. policy against fire on vessel-general average, 343. policy holder in dissolved-insolvent corporation—right of, 345. infancy of insured no defence, 346. when application is part of policy, 349. stipulation in application does not not make it warranty, 353. examination of risk by insurer or its agent, 360. when knowledge of agent is not knowledge of insurer, 360. FIRE INSURANCE-Continued. policy must clearly adopt the application, 365. application made subsequent to policy, 370. not binding unless made by authority of assured, 372. policy cannot be burdened with new conditions, 374. endorsements on part of policy, 374. mutual policies, rule as to, 375. when interest of assured must be stated, 378. void in part, void in toto-Exceptions, 382. concealment or misrepresentation of matters known to insurer, 393. oral applications, 394. incumbrances, 395. representations or warranties, 398. defective plan of premises, 399. answers must be true, 400. insurer may rely on statements of assured, 400. statements not called for by questions, 403. omitting to answer questions, 404. equivocal or doubtful answers, 405. policy issued without representations or applications, 410. What statements are not warranties, 411. what are, 414. promissory warranties in policies of, what are, 422. effect of failure to keep, 425. construed in reference to risk, 425. see Aurora F. Ins. Co., v. Eddy, 426. Ripley v. Etna Ins. Co., 432. custom of trade, incidents of business, effect of on, 433. warranty relative to watchman, 438. relative to water, 441. see Aurora F. Ins. Co. v. Eddy. 441. force-pump, 443. see Gloucester Mfg. Co. v. Howard F. Ins. Co. 443. warranties, conditions precedent, 444. FIRE INSURANCE-Continued. continuing warranties, what are, 450. representations; what are; must be material, 459. tests of materiality, 463. fatal representations of interests, 467. as to occupancy, 469. as to method of use, 471. unlawful act not required, 473. fluctuating uses; permanent uses, 475. rule as to incidental uses, 478. see Billings v. Tolland, etc., Ins. Co., 478. "Shaw v. Roberds, 480. change of use, 489. distinct contracts, 489. effect of premium note on character of risk, 490. implied license, 491. representations substantially true, 501. ashes; method of keeping, 503. breaches must be plead or relied on at trial, 503. concealment and misrepresentation, effect of, 504. concealment of material facts-need not be fraudulent-illustra tions, 506. not bound to disclose facts which the insurer ought to know, 510. nor facts arising subsequent to policy, 520. must be material facts-test of materiality, 525. concealment of misrepresentation of interest, etc., 526. inciendiary threats, 527. interests need not be particularly stated, unless called for, 528. concealment may be waived, 529. when facts are covered by warranty, 531. rule when insurer knew the facts, 531. misdescription, effect of, 538. falso demonstratio non nocet-Bryce v. Lorillard Ins. Co. 540. American Central Ins. Co. v. McLanathan, 545. FIRE INSURANCE-Continned. general rule, 547. oral misrepresentations, 550. rule in Pawson v. Watson, 552. actual fraud need not be shown, 555. no distinction between concealment and misrepresentation of facts, 558. inquiries must be answered, 558. proximity of other buildings, 558. failure to disclose true state of title, 559. insurer bound to know extent of risk, 561. over valuation, 562. questions for jury, 572. misrepresentation as to premiums paid other insurers, 572. fraud not presumed, 573. re-insurers, 573. examination of risk by insurer, 564. policy can only attach according to its terms, 546. alteration or change of risk effect of, 578. prohibited uses, material, per se, 580. questions for jury. Questions for court, 581. knowledge of agent excuses breach when, 582. immaterial changes not within the prohibition, 582. erection of adjoining buildings, 584. must be change or alteration of risk, 585. test as to what is an increase of risk, 586. condition not extended by implication, 587. notice need not be given of immaterial changes, 588. change of use, 589. use by tenant, 590. usages and incidents of risk, 594. condition an independent one, 597. change of business, 598. no offset of benefits, 599. experts, 599. rate of premium not always the test, 602. ordinary repairs not within the prohibition, 601. |