The Pennsylvania statute is given as a specimen : "All life and fire insurance policies upon the lives or property of persons within this commonwealth, whether issued by companies organized under the laws of this State, or by foreign corporations doing business therein, which contain any reference to the application of the insured, or the constitution, by-laws or other rules of the company, either as forming part of the policy or contract between the parties thereto, or having any bearing on said contract, shall contain, or have attached to said policies, correct copies of the application, as signed by the applicant, and the bylaws referred to; and unless so attached and accompanying the policy, no such application, constitution or by-laws shall be received in evidence, in any controversy between the parties to, or interested in, the said policy, nor shall such application or by-laws be considered a part of the policy or contract between such parties." Connecticut, Gen. Stat. 1888, § 2826. Massachusetts, Acts, 1887, ch. 214, Kansas, Gen. Stat. 1889, vol. 1, § § 59. 3437. Maine, R. S. 1883, ch. 49, § 24. V. Pennsylvania, Brightly's Purdon's Technical Forfeitures. The following States have adopted laws providing that misrepresentations and other breaches of policy shall not avoid unless in matters material to the risk. The Massachusetts statute is given as a specimen : "No oral or written misrepresentation made in the negotiation of a contract or policy of insurance, by the assured or in his behalf, shall be deemed material or defeat or avoid the policy or prevent its attaching, unless such misrepresentation is made with actual intent to deceive, or unless the matter misrepresented increased the risk of loss." Georgia. See Code, 1882, §§ 2803- Missouri, R. S. 1889, § 5849. "The corporation shall in and by its by-laws provide for the manner in which such insurance shall be effected and the terms and conditions thereof, the time and manner in which losses by it sustained under its policy of insurance shall be determined, proved, adjusted and paid, the time and manner in which assessments shall be made upon its members for their respective pro rata share of such losses, and the time, manner and place in which and the person to whom such assessment shall be paid; it shall also in and by its by-laws provide such other regulations, terms and conditions as may be necessary for effectively and fully carrying out its scheme of insurance; and the said by-laws in force at the time of the date of any policy of insurance issued by the corporation shall have the force and effect of law in the determination of all questions and claims arising under such policy between the holder thereof and the said corporation." Laws of Dakota, 1889, ch. 69, Art. 10. VII. Corporate Seal not Required on Policy. The following States have adopted laws providing that policies of insurance not executed over the corporate seal of the company are nevertheless binding. The Pennsylvania statute is given as a specimen : "Policies of insurance made or entered into by the company may be made either with or without the seal thereof, and they shall be subscribed by the president or such other officer as may be designated by the directors for that purpose, and attested by the secretary; and when so subscribed and attested, shall be obligatory on the company." Arizona, R. S. 1887, § 253. New Mexico, Comp. Laws, 1884, § Ohio, R. S. 1890, vol. 1, § 3645. VIII. Limitation of Time for Suit. The following States have adopted laws forbidding certain limitations of time for bringing suit. The Massachusetts statute is given as a specimen : "No such company shall make any condition or stipulation in its insurance contracts concerning the court or jurisdiction wherein any suit thereon may be brought, nor shall limit the time within which such suit may be commenced to less than two years after the cause of action accrues, and any such condition or stipulation shall be void." Connecticut, Gen. Stat. 1888, § 2912. Massachusetts, Acts, 1887, ch. 214, $ 26. North Carolina, Code, 1883, vol. 2, § 3076. Laws, 1883, ch. 57, § 16. Vermont, Rev. Laws, 1880, § 3626. FIRE INSURANCE. IX. Standard Policy. The following States have passed statutes for the adoption of a standard form of fire policy: Massachusetts, Acts, 1887, ch. 214, § 60. Michigan, Pub. Stat. 1882, §§ 43444353. Amended by Pub. Acts, 1889, ch. 39, § 9. Minnesota, Stat. 1891, vol. 1, §§ 2973-2977. Also Gen. Laws, 1889, ch. 217. 93, 3. New Jersey, Laws 1892, New York, 3 R. S. 8th ed., p. 1663. North Dakota, Laws, 1890, p. 253, Pennsylvania, Laws, 1891, p. 22, § 1. (To go into effect May 1, 1892.) New Hampshire, Laws, 1885, ch. Wisconsin, Laws, 1891, vol. 1, ch. 195. X. Valued Policy. The following States have adopted valued policy laws. The Wisconsin statute is given as a specimen : "Whenever any policy of insurance shall be written to insure real property, and the property insured shall be wholly destroyed, without criminal fault on the part of the insured or his assigns, the amount of the insurance written in such policy shall be taken conclusively to be the true value of the property when insured, and the true amount of loss and measure of damages when destroyed.' Arkansas, Laws, 1889, p. 57, ch. 42. Delaware, Laws, 1889, ch. 695. Missouri, R. S. 1889, vol. 2, § 5897, 5898. Nebraska, Comp. Stat. 1891, ch. 43, § 43 (Laws, 1889, ch. 48, § 1). New Hampshire, Laws, 1885, ch. 93. § 2. The following States have adopted laws forbidding the insertion of conditions requiring notice of loss within less than five days and the presentation of certificates of nearest magistrate. The Indiana statute is given as a specimen : "No such insurance company shall insert any condition, in any policy hereafter issued, requiring the insured to give notice forthwith, or within the period of time less than five days, of the loss of the insured property; nor shall any condition be inserted in such policy, requiring the insured to procure the certificate of the nearest Justice of the Peace, Mayor, Judge, clergyman, or other official, or person, of such loss, or the amount of such loss; and any provision or condition contrary to the provisions of this section, or any condition in said policy, inserted to avoid the provisions of this section, shall be void, and no condition or agreement, not to sue for a period of less than three years, shall be valid." Indiana, R. S. 1888. vol. 2, § 3770. Maine, R. S. 1883, p. 446, § 21. XII. Cancellation of Policy. The following States have adopted laws providing that no company shall cancel a fire insurance policy without notice first given and unearned part of premium returned. The Connecticut statute is given as a specimen : "No insurance company or association shall cancel a policy issued against loss by fire on property in this State, without giving the party insured at least five days' notice, in writing, of such intention, and a return of the ratable proportion of the premium for the unexpired term of the policy." Connecticut, Gen. Stat. 1888, § 2852. Michigan, Public Acts, 1887, ch. 305, $17. North Dakota. See Dakota South Dakota. See Dakota. XIII. Privilege of Insured to Cancel Policy. The following States have adopted laws providing that the insured shall have the privilege of insisting on the cancellation of the policy at any time. The New York statute is given as a specimen : "Any person, company, association or corporation transacting the business of fire, or fire and inland navigation insurance in this State, shall cancel any policy of insurance hereafter issued or renewed at any time, by request of the party insured or his legal representatives, and shall return to said party or his representatives as aforesaid the amount of premium paid, less the customary short-rate premium for the expired time of the full term for which said policy has been issued or renewed, anything in the policy to the contrary notwithstanding; provided, however, that, where the laws of any State permit companies organized under its laws to cancel policies of insurance upon different terms than above set forth, companies organized under the laws of this State may cancel policies upon risks in any such State upon the same terms as are provided for companies organized under its laws." California, Deering's Civil Code, Nebraska, Comp. Stat. 1891, ch. 43, § 2617, et seq. Colorado, 1 Mill's Stat. 1891, § 2234. Dakota, Compiled Laws, 1887, § 3103. § 42. New York, R. S., 8th ed., vol. 3, p. 1661, § 3. North Dakota. See Dakota. Iowa, McClain's Stat. 1888, §§ 1724, Ohio, R. S. 1890, vol. 1, § 3664, et 1731. seq. Kansas, Gen. Stat. 1889, vol. 1, Oklahoma. See Stat. 1890, § 3112. §3435. South Dakota. See Dakota. Michigan, Public Acts, 1887, ch. 305, Wisconsin, Sanborn & B. Annot. § 17. Stat. 1889, vol. 1, § 1946, d. XIV. Return of Unearned Premiums. The following States have adopted laws providing that fire insurance companies in case of total loss shall return the unearned premium where the loss is less than the amount of the policy. The Washington statute is given as a specimen : "In the event of the total destruction of any insured building, on which the amount of the appraised or agreed loss shall be less than the total amount insured thereon, the insurance company or companies shall return to the insured the unearned premium for the excess of insurance |