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debts due the creditors thereof, and for money advanced by him for its use. This lien exists notwithstanding there is an agreement among the partners that it must not. En. March 21, 1872.

Cal.Rep.Cit. 66, 578; 89, 371.

Corresponding sections as to general partners: See sec. 2405, ante; see also secs. 2517, 2518, post.

$ 2515. Mine-Partnership property. The mining ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership property. En. March 21, 1872.

$ 2516. Partnership not dissolved by sale of interest. One of the partners in a mining partnership may convey his interest in the mine and business without dissolving the partnership. The purchaser, from the date of his purchase, becomes a member of the partnership. En. March 21, 1872.

Termination of partnership generally: See secs. 2449 et seq.

$ 2517. Purchaser takes, subject to liens, unless, etc. A purchaser of an interest in the mining ground of a mining partnership takes it subject to the liens existing in favor of the partners for debts due all creditors thereof, or advances made for the benefit of the partnership, unless he purchased in good faith, for a valuable consideration, without notice of such lien. En. March 21, 1872.

$ 2518. Takes with notice of lien, when. A purchaser of the interest of a partner in a mine when the partnership is engaged in working it, takes with notice of all liens resulting from the relation of the partners to each other and to the creditors of the partnership. En. March 21, 1872.

$ 2519. Contract in writing, when binding. No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership, except by express authority derived from the members thereof. En. March 21, 1872.

& 2520. Owners of majority of shares govern. The decision of the members owning a majority of the shares or

Civ. Code-22

interests in a mining partnership binds it in the conduct of its business. En. March 21, 1872.

Cal.Rep.Cit. 89, 371.

Majority of members in general partnerships: Sec. 2428, ante.


Chapter I. Insurance in General, 88 2527-2649.

II. Marine Insurance, 88 2655-2746.
III. Fire Insurance, &$ 2752-2757.
IV. Life and Health Insurance, 88 2762-2766.


Article I.




Definition of Insurance, $ 2527.
What may be Insured, $$ 2531-2534.
Parties, $$ 2538-2542.
Insurable Interest, $$ 2546-2558.
Concealment and Representations, 88 2561-2583.
The Policy, 2586-2599.
Warranties, 88 2603-2612.
Premium, 88 2616-2622.
Loss, $8 2626-2629.
Notice of Loss, 88 2633-2687.
Double Insurance, $8 2641-2642.
Reinsurance, $S 2646-2649.



$ 2527. Insurance, what.

8 2527. Insurance, what. Insurance is a contract where. by one undertakes to indemnify another against loss, damage, or liability, arising from an unknown or contingent event. En. March 21, 1872.

Cal.Rep.Cit. 107, 330; 125, 611.
Insurance corporations: See secs. 414 et seq.

Office and duties of insurance commissioners: Pol. Code, secs. 594-634. Destruction of insured property: Pen. Code, sec. 48. rson: Pen. Code, secs. 447-455.


WHAT MAY BE INSURED. 2531. What events may be insured against. 2532. Insurance of lottery or lottery prize unauthorized. 2533. Usual kinds of insurance. 2534. All subject to this chapter.

$ 2531. What events may be insured against. Any contingent or unknown event, whether past or future, which may damnify a person having an insurable interest, or cre. ate a liability against him, may be insured against, sub ject to the provisions of this chapter. En. March 21, 1872

Cal.Rep.Cit. 107, 330. Insurable interest: See post, secs. 2546 et seq., 2659 et seq.

$ 2532. Insurance of lottery or lottery prize unauthorized. The preceding section does not authorize an insurance for or against the drawing of any lottery, or for or against any chance or ticket in a lottery drawing a prize. En. March 21, 1872.

Lotteries: Pen. Code, secs. 324, 326.

$ 2533. Usual kinds of insurance. The most usual kinds of insurance are:

1. Marine insurance; 2. Fire insurance; 3. Life insurance; 4. Health insurance; and, 5. Accident insurance. En. March 21, 1872. Marine insurance: See post, secs. 2655 et seq. Fire insurance: See post, secs. 2752 et seq. Life and health insurance: See post, secs. 2762 et seq.

2534. All subject to this chapter. All kinds of insurance are subject to the provisions of this chapter. En. March 21, 1872.


PARTIES TO THE CONTRACT. 12538. Designation of parties.

2539. Who may insure. 2540. Who may be insured.

2541. Assignment to mortgagee of thing insured. 2542. New contract between insurer and assignee.

§ 2538. Designation of parties. The person who undertakes to indemnify another by a contract of insurance is called the insurer, and the person indemnified is called the insured. En. March 21, 1872.

8 2539. Who may insure. Any one capable of making a contract may be an insurer, subject to the restrictions im. posed by special statutes upon foreign corporations, nonresidents, and others. En. March 21, 1872.

8 2540. Who may be insured. Any one except a public enemy may be insured. En. March 21, 1872.

$ 2541.. Assignment to mortgagee of thing insured. Where a mortgagor of property effects insurance in his own name, providing that the loss shall be payable to the mortgagee, or assigns a policy of insurance to the mortgagee, the insurance is deemed to be upon the interest of the mortgagor, who does not cease to be a party to the original contract, and any act of his which would otherwise avoid the insurance will have the same effect, although the property is in the hands of the mortgagee. En. March 21, 1872.

Cal.Rep.Cit. 128, 19; 136, 547.

$ 2542. New contract between insurer and assignee. If an insurer assents to the transfer of an insurance from a mortgagor to a mortgagee, and, at the time of his assent, imposes further obligations on the assignee, making a new contract with him, the acts of the mortgagor cannot affect his rights. En. March 21, 1872.


$ 2546. $ 2547. $ 2548. § 2549.


2551. $ 2552. § 2553, § 2554.


2556. $ 2557. $ 2358.

Insurable interest, what.
In what may consist.
Interest of carrier or depositary.
Mere expectancies.
Measure of interest in property.
Insurance without interest, illegal.
When interest must exist.
Effect of transfer.
Transfer after loss.
Exception in the case of several subjects in one policy.
In case of the death of the insurer.
In the case of transfer between cotenants,
Policy, when void.

$ 2546. Insurable interest, what. Every interest in property, or any relation thereto, or liability in respect thereof, of such a nature that a contemplated peril might directly damnify the insured, is an insurable interest. En. March 21, 1872.

Partner: See post, sec. 2590.
Bailees, etc.: See sec. 2548, infra.
Future products insurable: See sec. 2549, infra.
Life insurance: See post, secs. 2762, 2763.

Stating insurer's interests in policy: See post, secs. 2568, 2587.

$ 2547. In what may consist. An insurable interest in property may consist in:

1. An existing interest;

2. An inchoate interest founded on an existing interest; or,

3. An expectancy, coupled with an existing interest in that out of which the expectancy arises. En, March 21, 1872.

$ 2548. Interest of carrier or depositary. A carrier or depositary of any kind has an insurable interest in a thing held by him as such, to the extent of its value. En. March 21, 1872.

$ 2549. Mere expectancies. A mere contingent or expectant interest in anything, not founded on an actual right to the thing, nor upon any valid contract for it, is not insurable. En. March 21, 1872.

* 2550. Measure of interest in property. The measure of an insurable interest in property is the extent to which the insured might be damnified by loss or injury thereof. En. March 21, 1872. See also next section. Measure of indemnity in marine insurance: See post, sec. 2736.

2551. Insurance without interest, illegal. The sole object of insurance is the indemnity of the insured, and if he has no insurable interest the contract is void. En. March

21, 1872.

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