foreclosure, sale under, effect of, 716. sale and partial payment, effect of, 718. mortgage, when avoids policy, 719. special conditions, effect of, 721–725. levy and sale does not invalidate policy when, 725. sale must be perfected, 725-728, 730. title must have passed, 730, 736. of part of insured property, rule, 730. agreement to sell, effect of, 731. judgment liens, not, unless, 734. conveyance and re-conveyance, 737. sale after loss, effect of, 738. voidable sale, effect of, 738. sale by one joint owner to another, 738. contract of insurance personal, 695. sale of premises, destroys contract, 696. insurer may assent to, and thus keep policy on fact, 696,697. ALIENATION-Continued. does not avoid policy when, 704. special provisions in policy as to, 706. policy invalidated by, whether involuntary or not, 707, 707. bankruptcy is when, 707, 708. suspension of interest under, rule, 709. death of assured, avoid policy when, 712. sale of interest by one joint owner to the other, effect of, 738, sale of interest by one partner to another, 738. dissolution of firm, effect of, 748. of policy by indorsement, effect, of 147. increase or change of risk, when prohibited, change material, per se, 580. question for jury, when, 580. court, when, 581. effect of knowledge of, by agent, 582. changes, when immaterial, 582. in case of erection of new buildings, 584. change of risk, 585. test as to what is material, in case of, 586. conditions as to, not extended by implication, 587. usages relating to, effect of, 588,590. conditions relating to, 597. ALTERATION—Continued. change of business, 598. lessening risk will not avoid policy, 599. ordinary repairs not a material alteration, 601-603. in case of enlargement of building, 608-611. can be no offset of benefits, 599. AMBIGUITY: rule as to 174–175. in policy may be explained by parol, 9 n 2. AMBULATORY RISKS: rule as to place of, 115–122. phaeton, 116. wagon, 118. mules, 120 horses, 120 n 2. threshing machine, 120. wearing apparel, 119. APPORTIONMENT: of risk, essential to valid contract to insure when, 38 n 3. APPLICATION stipulation in does not make it warranty, 353. APPLICATION-Continued. description of risk a warranty, 353–360. examination of risk by insurer or its agent, 360. when knowledge of agent is not knowledge of insurer, 360. policy must clearly adopt, 365. may be in part adopted, 370. made subsequent to policy, 372. not binding unless made by authority of assured, 372. renewals, subject to when, 373. mutual policies, rule as to, 375. when interest of assured must be stated, 375. void in part, void in toto-Exceptions, 382-393. concealment or misrepresentation of matters known to insurer, 398. oral, 394. incumbrances, 375. representations or warranties, 398. defective plan of premises, 399. answers must be true, 400. insurer may rely on statements of assured, 400. verbal, effect of, 410. when matters in, not warranties, 411. when part of policy, 349–353. must be made so by reference to, in policy, 349–353. stipulation in application does not make it part of policy, 353. see Owens v. Holland Purchase Ins. Co., 353. in case of doubt, statements in, will be treated as representations, defect in plan of premisies, effect of, 399. APPLICATION : questions must be answered with substantial accuracy, 400. see Jacobs v. Eagle Ins. Co., 400. company may rely on answers in, 400. what will excuse errors in answers in, 401. filled out by agent of insurer, false answers in, made by agent, effect of, 148. qualification of answers in effect of, 417. see Redmond v. Hartford Ins. Co., 417. answers to questions in, not responsive, effect of, 408. see Jersey City Ins. Co. v. Carson, 408. Alkan v. N. H. Ins. Co., 408 n. 3. oral, effect of, 394. statements in as to incumbrances, 395. for insurance, mistatements by agent of insurer, effect of, 9 n. 2. statements not in answer to questions, not warranties, 403. see Hartford Protection Ins. Co. v. Harmer, 403. omitting to answer questions in, 404. illustrations, 404-410. equivocal or doubtful answers in effect of, 406-410. see Dayton Ins. Co. v. Kelly, 407. must be true when made, 311. see Stebbins v. Globe Ins. Co. 311. ARBITRATION CLAUSE IN POLICY: See ARBITRATION. ARBITRATION : clause in policy, effect of, 1009-1019. see Mentz v. Armenia F. Ins. Co. 1010. |