The Law of Fire and Life InsuranceJ. & W.T. Clarke, 1833 - 110 páginas |
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Página 15 - Act no insurance shall be made by any person or persons, bodies politic or corporate, on the life or lives of any person or persons, or on any other event or events whatsoever, wherein the person or persons for whose use, benefit, or on whose account such policy or policies shall be made shall have no interest, or by way of gaming or wagering ; and that every assurance made contrary to the true intent and meaning hereof shall be null and void to all intents and purposes whatsoever.
Página 54 - There is a material distinction between a warranty and a representation. A representation may be equitably and substantially answered ; but a warranty must be strictly complied with.
Página 49 - Insurance is a contract upon speculation. The special facts upon which the contingent chance is to be computed lie most commonly in the knowledge of the insured only: the under-writer trusts to his representation...
Página 50 - There is no distinction better known to those who are at all conversant in the law of insurance, than that which exists between a warranty or condition which makes part of a written policy, and a representation of the state of the case. Where it is a part of the written policy, it must be performed : as, if there be a warranty of convoy, there must be a convoy.
Página 68 - These policies are not insurances of the specific things mentioned to be insured, nor do such insurances attach on the realty, or in any manner go with the same as an incident thereto, by any conveyance or assignment, but they are only special agreements with the persons insuring against such loss or damages as they may sustain.
Página 8 - ... are to be understood in their plain, ordinary, and popular sense, unless they have generally, in respect to the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Página 50 - The question, therefore, must always be " whether there was, under all the circumstances at the time the policy was underwritten, a fair representation ; or a concealment ; fraudulent, if designed ; or, though not designed, varying materially the object of the policy, and changing the risk understood to be run.
Página 16 - That it shall not be lawful to make any policy or policies on the life or lives of any person or persons, or other event or events, without inserting in such policy or policies the person or persons, name or names interested therein, or for whose use, benefit or on whose account, such policy is so made or underwrote.
Página 15 - that no insurance shall be made by any person or persons, bodies politic or corporate...