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proof of loss and interest, all loss and damage accruing to him by reason of the destruction or injury of the said ship during its next voyage from whether by perils of the sea, or by fire,

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or by other causes therein mentioned, not exceeding $

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19 totally lost and

4. That the said vessel, while proceeding on the voyage mentioned in said policy, was, on the destroyed by the perils of the sea.

5. That the plaintiff's loss thereby was $

6. That on the

day of

, 19, the plaintiff furnished the

defendant with proof of his loss and interest, and otherwise duly performed all the conditions of the said policy on his part.

7. That the defendant has not paid the said loss, and the same is still wholly due and unpaid from defendant to plaintiff.

[Concluding part.]

FORM No. 719-For partial loss and contribution.-Marine policy.

[Title of court and cause.]

The plaintiff complains of the defendants, and alleges: 1-3. [As in preceding form.]

4. That on the

day of

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19, said vessel sailed from on the said voyage, and while proceeding thereon was, by the perils of the sea, stranded and damaged in her hull, machinery, and appurtenances, whereby it became necessary for the preservation of the vessel and her cargo to throw overboard a part of said cargo, and the same was accordingly thrown over for that purpose.

5. That by reason thereof, the plaintiff was compelled to expend in repairing said vessel at and also to pay $

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as

contribution for the loss caused by said throwing overboard of part

of the cargo.

6. That on the

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the plaintiff gave to the defendants due notice and proof of the loss as aforesaid, and otherwise duly performed all the conditions of said policy of insurance on his part.

7. [Same as paragraph 7, preceding form.]

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their agents duly authorized thereto, in consideration of $

them paid by the plaintiff, executed and delivered to this plaintiff their certificate of renewal of said policy, a copy of which is hereto annexed as a part of this complaint [or petition].

FORM No. 721-Averment where plaintiff purchased the property after

insurance.

[Title of court and cause.]

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That on the day of with the consent of the defendants, in writing, on said policy, by their agents, the said [original insured] sold, assigned, and conveyed to the plaintiff his interest in the said [property] and in the said policy of insurance.

FORM No. 722-Averment of waiver of condition.

[Title of court and cause.]

On the

day of

19 the defendants waived the condi

tion of the policy requiring [set out the condition], and released the plaintiff from the performance thereof by [state how condition was. released].

§ 342. ANSWERS.

FORM No. 723-Denial of policy.

[Title of court and cause.]

The defendant answering to the plaintiff's complaint [or petition]: Denies that he ever made or delivered the policy of insurance therein alleged, or any policy of insurance whatsoever, upon the property described [or upon any property belonging to plaintiff]. [Etc.]

FORM No. 724-Denial of plaintiff's interest.

[Title of court and cause.]

[After introductory part:]

Defendant denies that the plaintiff owned or had any insurable interest whatever in the goods or chattels [or premises] in the complaint [or petition] described at the time of the happening of the loss in said complaint [or petition] alleged.

FORM No. 725-Defense based upon denial of loss.

[Title of court and cause.]

[After introductory part:]

Defendant avers that the loss therein described was not caused

during the term of said insurance by any of the perils insured against, but said loss was occasioned and caused wholly by [indicate the excepted peril].

FORM No. 726-Defense of misrepresentation and concealment.

[Title of court and cause.]

[Introductory part:]

That the defendants were induced to make and deliver the policy of insurance therein described by the fraudulent concealment and misrepresentations of the plaintiff made to the defendants of the following facts known to the plaintiff, the same being material to the risk and not known to the defendants, and which if known would have increased the premium, to wit: [Set out particular facts concealed or misrepresented.]

FORM No. 727-Defense setting forth "fallen building" clause in action upon fire insurance policy.

[Title of court and cause.]

Now comes the defendant, and for answer to plaintiff's complaint:

Denies that no part of said building fell except as the result of said fire; but, on the contrary, alleges that before the loss or damage by fire, or any part thereof, in said complaint referred to occurred said building fell in whole or in part, otherwise than as the result of fire, by reason whereof all insurance by the said policy on said building did immediately cease, and the said policy was not in force or effect at the time the said property was damaged or destroyed by fire [etc.]. Wherefore, defendant prays to be hence dismissed with its costs.

[Verification.]

C. D., Attorney for defendant.

[The defense set out in substance in form No. 727 was interposed to the complaint in form No. 709. The facts, however, did not sustain the averment of the defense, and judgment was therefore rendered the plaintiff and affirmed on appeal: Clayburgh v. Agricultural Ins. Co., 155 Cal. 708, 102 Pac. 812.]

FORM No. 728-Defense of overinsurance without consent of insurer.

[Title of court and cause.]

[Introductory part:]

1. That by the terms of the said insurance policy the same shall become void in case the assured shall have, or shall thereafter procure, other insurance, unless consent therefor was given by these defendants and endorsed on said policy.

2. That before [after; or, at the time of] granting the policy sued on, the plaintiff became insured on the same property in another company, to which the defendants never consented, nor was any consent endorsed on the policy.

FORM No. 729-Defenses-(1) denial of furnishing proofs of death, (2) denial of indebtedness, (3) denial of waiver of conditions. -In general defense of forfeiture of policy for non-payment of premium.

(Blake v. National Life Insurance Co., 123 Cal. 470; 56 Pac. 101.) [Title of court and cause.]

Now comes the defendant in the above-entitled action, and answering the first cause of action set forth in plaintiff's complaint:

[Denial of furnishing proofs of death.]

Denies that on the 14th day of March, 1894, or at any other time, plaintiff furnished defendant with satisfactory proofs or any proofs of the death of said deceased, as required by the terms of said policy, and denies that said deceased in his lifetime, or that plaintiff as executrix, duly or at all performed all or any of the conditions and requirements, or conditions or requirements, of said contract of insurance on his or her part.

[Denial of indebtedness under the policy.]

Denies that there is now due and owing, or due or owing, from said defendant to said plaintiff, as such executrix or otherwise, upon or on account of said policy of insurance, the sum of $10,000, with interest thereon at the rate of seven per cent per annum from the 14th day of March, 1894, or that there ever was or is due or owing from defendant to plaintiff any sum of money whatever.

2. And answering the second cause of action set forth in plaintiff's complaint, defendant [here follows denial of furnishing proofs of death, and of performance of conditions, etc., as in first paragraph]. [Denial of averments as to waiver of conditions, etc.]

Defendant admits that said deceased in his lifetime and said executrix did not perform the conditions in said policy of insurance, which provided that failure to pay any premium or any part thereof or any note given therefor when due should cancel the insurance and said contract, but denies that during the lifetime of said Charles E. Blake, or at any time, defendant for a valuable or any consideration, or at all, waived the said condition or any portion thereof.

And in this behalf defendant avers, that it at no time made any agreement whatever with said Charles E. Blake, or with any other person, waiving the condition of payment of the premium payable on the 26th day of December, 1893, or extending the time of payment

of said premium, or any premiums, or giving him credit therefor, or that it at any time waived any of the conditions of said policy; on the contrary, defendant avers that it refused to extend the time of payment of said premium due on the 26th day of December, 1893, or to give said Charles E. Blake credit therefor.

Wherefore, defendant prays to be hence dismissed with its costs. Dated this 15th day of November, 1894.

[Verification.]

Metcalf & Metcalf, Attorneys for defendant.

FORM No. 730-Transfer without insurer's consent.

[Title of court and cause.]

[Commencement.]

1. That the said insurance policy therein described provides, among other things, that in case of any transfer of the interest of the insured by sale or otherwise, without the consent of the insurer, the policy should from thenceforth be void.

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2. That on the 19, and before the loss alleged, the interest of the insured in said property was transferred to without the consent of the defendants, whereby the said policy became void.

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FORM No. 731-Defense that a fraudulent account of loss was given.

[Title of court and cause.]

[After the introductory part:]

That after the alleged loss and damage, and before the commencement of this action, the plaintiff made and delivered to the defendants a false and fraudulent account of the alleged loss and damage in this: [Here specify the particular acts of fraud.]

[Concluding part.]

FORM No. 732-Defense that risk was extra-hazardous.

[Title of court and cause.]

[After introductory part:]

1. [Allege provisions of policy exempting from liability for extrahazardous risks.]

2. That after the making of said policy, and before the loss alleged, the plaintiff received into said store a large quantity of goods known and described as extra-hazardous, to wit, [here spec

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