portion of the crop insured. If the insured fails to furnish proof of loss he shall forfeit any claim under the policy. No denial of liability or other act on the part of the insurer, save as hereunder mentioned, shall be deemed to waive or dispense with proof of loss: may be Provided that if the insurer within the said thirty days, Proof of loss has adjusted the loss acceptably to the claimant and such waived adjustment has been duly signed by him, or if the amount of the loss has been determined by appraisal as hereinafter provided, the insurer shall be deemed to have waived proof of loss, unless the same is requested by the insurer in writing. false state 8. Any fraud or false statement in a statutory declaration Fraud or in relation to any of the above particulars shall vitiate the ment vitiates claim of the person making the declaration. claim 9. Subject to condition 10 proof of loss must be made by Proof of the insured, although the loss is payable to a third person. insured loss made by may be made 10. Proof of loss may be made by the agent of the insured, Proof of loss in case of the absence or inability of the insured himself to by agent of make the same, such absence or inability being satisfactorily the insured accounted for, or in the like case or if the insured refuses to do so, by a person to whom any part of the insurance money is payable. damage 11. In case of partial damage by hail the insurer shall pay Partial the same percentage of the amount insured per acre as the portion of the crop destroyed or damaged bears to what would have been the amount of the whole crop had no damage by hail occurred, no account to be taken of the cost of cutting or threshing the portion not destroyed or damaged. On the remaining portion of the insured crop the residue of the insurance shall remain in force. pays expense 12. If the insured in his notice of loss calls for an adjust- When insured ment and it is found that the insurer is not liable for any of adjustment loss according to the conditions of his policy, the insured shall pay the expenses incurred in the investigation of his claim. portion of conditions 13. The insurance, if on the cash plan, may be terminated Return by the insured by giving written notice to that effect to the premium insurer by registered letter at its head office or branch office under certain or at the general agency from which the policy was issued and upon surrender of the policy, in which case the insurer may retain the customary short rate applicable to hail insurance for the time the insurance has been in force, and shall repay to the insured the balance of the premium paid; if on the note plan, the insured shall pay the insurer the earned portion of the premium, and on payment or tender of such amount the insurer shall return the premium note. in case of 14. In the event of a disagreement as to the percentage Appraisal of damage by hail to any of the crops insured, whether the differences Loss when payable Action brought within twelve months right to recover on the policy is disputed or not, such per- (b) Not later than three days after receipt of such (e) Should either party after receipt of written notice (f) The actual appraisal of such damage shall be commenced within two days after both appraisers have been chosen, or after the expiration of the time herein allowed for such choice; (g) The periods of time specified in this condition may on application be extended at the discretion of the Superintendent of Insurance. 15. The loss shall be payable within sixty days after completion of proof of loss, unless a shorter period is provided for by the contract of insurance. 16. Every action or proceeding against the insurer for the recovery of any claim under or by virtue of this policy shall be absolutely barred, unless commenced within twelve months next after the loss or damage occurs. or change of 17. If the crop insured or the interest of the insured in Assignment such crop is assigned without the written permission of the property head office or general agency of the insurer from which the policy was issued, such assignment shall not be binding on the insurer; but this condition does not apply to change of title by succession or by operation of the law, or by reason of death. SCHEDULE G. (Section 357) PREMIUM NOTE. .19.... On demand, for value received, by Policy No..... dated the.... ....day of.. . . . . . . .19 . . . ., issued by the Mutual Fire Insurance Company of...... I promise to pay to the order of the said company the sum of.... dollars or sums amounting in all to the ...dollars, according to the assessment made by the Board of Directors of the said company. said sum of. CHAPTER 32. An Act to amend The Societies Act, 1924. (Assented to April 8, 1926.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Societies Act, 1924, Short title Amendment Act, 1926." struck out 2. The Societies Act, 1924, being chapter 11 of the Stat- Section 5 utes of Alberta, 1924, is amended by striking out section 5 thereof. 3. Section 8 of the said Act is amended by striking out Section 8 subsections (2) and (3) thereof. amended 4. Schedule B of the said Act is amended by striking out Schedule B paragraph 11 thereof. amended 5. This Act shall come into force on the day upon which Coming into it is assented to. force of Act |