AGENCY, insurable interest of agent or consignee, 73, &c. assignment of policy by consent of company's agent, 217. agent of the assured to obtain insurance, 79–83, 218, 448, 460– 467. the difference between an agent and a broker, 448, 449, 461. a general principle in the law of, 450. a promise and neglect of an agent to insure, renders him liable in case of loss, 435. agents of the underwriters, 451-460. agents of both the underwriters and the assured, 467, &c. AGREEMENT, to ensure, how enforced, (See EQUITY, Trover, AssumPSIT.) when the agreement is consummated by correspondence by letter, ASSIGNMENT FOR CREDITORS, debtor's insurable interest in the property assigned, 71. ASSIGNMENT OF POLICY, Fire Insurance. alienation of the property insured, and the assignment of the policy, 193-223. what an alienation will be sufficient to defeat a recovery on the policy, 195, 203, 204. when a partial interest in the insured property is retained, 193, 196. where several owners of property are jointly insured, and a sale by one of them of his interest, 197, 198. transfer by a judicial sale, 198, a. policy assignable with a transfer, by the consent of the office, 199 211. reason why such consent is required, 200. the mode of alienation immaterial, 201, 202. where the interest of the assured is sold by an assignee in bankruptcy, or by an assignee in trust for creditors. Ib. ASSIGNMENT OF POLICY, continued. a mortgage, when, and when not, a sufficient alienation, 205, 208, 209. when the assured has contracted to sell a building insured, 206, 207, 210. when charter provides that an action may be brought in the name of an assignee of the policy, 211. there may be an original promise to indemnify assignee, 212, 213. any defence available in a suit by assignor will be in suit by assignee, 214, 215. when assignment is allowed, it should be regularly made, 217. an assignment accepted by an agent of the company, 217, 218. whether the necessity to obtain the consent to an assignment may be waived, 219. an equitable assignment, 220, 221. an assignment after a loss the same as an assignment of debt, 222. Life Insurance. policies of, assignable, 325. assignment of, in what manner may be made, 327, 328. instances of assignment of life policies, 329–333. beneficial interest may be bequeathed, 334. any other no notice to the insurers, of assignment, in general, required to be given, as in fire policies, 333. but is clearly necessary to obviate the effect of clauses in Bank rupt and Insolvent Acts, which vest in the assignees under them all the property, including securities of this nature, 336, et seq. the relations of vendor and purchaser, 438, 439. ASSUMPSIT, lies on an agreement to insure, 37. (See PROCEEDINGS.) ASSURANCE, the same as insurance, 7 Intr. (See INSURANCE, POLICY.) B. BILLS OF EXCHANGE, how they differ from policies of insurance, as being assignable, 11 Intr. BROKER, (See AGENCY.) action of, lies for refusal to deliver a policy to the assured, 36, 37. CHOSE IN ACTION, not assignable, 11 Intr., 211. CIVIL COMMOTION, as an exception in a policy of fire insurance, 134-139. and as distinguished from "riot," 136, 137. COFFEE-HOUSE, what is understood by the term in a policy of insurance against fire, 105. the insurer supposed to take the risk, on the supposition that noth ing unusual exists, 110, 172. same nicety not required in marine as in fire policies, 174. vitiates the policy, even without fraud, 175. what is a material concealment. Ib., 179-182, 436. the assured bound to disclose a material fact, even if not asked, 175, 177. nothing need be disclosed which the insurer waives being informed of, 176, 187. of the value of the insurable interest of the assured, 182, &c. of such, in a mutual company, is a fraud, 188, &c. In Life Insurance, withholding information as to the applicant's present state of health, 317, 320. CONTRIBUTION, in case of co-insurers, or of double insurance, 88. COVENANT, (See PROCEEDINGS.) D. DECLARATION, (See PROCEEDINGS.) DESIGN, (See ARSON.) DOUBLE INSURANCE, defined, 26 Intr. difference between and re-insurance. Ib., 88. contribution in. Ib., 380. one underwriter paying the whole loss, the other entitled to rata ble contribution, 88-95. when notice of required, 89, 90, 91, 92. “DOUBLY HAZARDOUS” INSURANCES, what are, 15-19. E. EQUITY, COURTS OF, their jurisdiction in correcting mistake, fraud, &c., in policies, 20 how the word is construed in a policy of fire insurance, 113-117. (See LIGHTNING.) buildings blown up to arrest the progress of, 118. explosion of gunpowder, 118, 122. of steam boilers, 119. FIRE, continued. produced by the friction of a wheel on its axle, 120. FIRE INSURANCE, its origin, 37. quick lime, 120. two chemical fluids, 120. clothes hanging to dry, 121. negligence of the assured, 116, 117, 122-129. design, 128-135, 252, 442. invasion, civil commotion, &c., 134 - 139. misconduct of trespassers, 126. history, 38, &c. utility of, 35, &c. nature of a fire policy of, 7-31, 96, &c. generally effected by companies, 8. mutual and other companies, 10. valued policy in, 11. how differs from marine, 12. printed forms and conditions in, 13, 19. is a personal contract with the assured, 193, 199. common, hazardous, and doubly hazardous fire insurances, 15-19. when policy of begins to run, and when it ends, 31 – 55. of the interest of the assured, 55 – 96. the extent and nature of the insurer's risk, 96-139. warranty and representation, 139–172. concealment, 110, 172–182. misrepresentation and concealment of the interest of the assured, 182, &c. as to the kind and amount of property designated by the policy, 96-109. usual exceptions in a fire policy, 28, 109, 134, 135. the damage insured against must be caused by ignition, or that must be the proximate cause, 111, 113 – 122. (See LIGHTNING, NEGLIGENCE, FIRE.) alienation of the property insured, and assignment of the policy, 193-223. notice and preliminary proof of loss, 223 - 249. adjustment and settlement of loss, and of rebuilding, 249 – 274. in connection with other contracts and obligations, 424-448. |