Maine, R. S. 1883, p. 460, § 91, amended by Pub. Laws, 1887, ch.

71.

Michigan, Gen. Stat. 1882, vol. 1, §

4232. Missouri, R. S.

1889, § 5856.

Massachusetts, Acts, 1887, ch. 214, New York, 3 R. S., 8th ed., § 76.

1688.

p.

Most of the other States have adopted laws which provide that no policies of insurance shall lapse unless the company shall have notified the insured of the fact that premium is due and unpaid.

XXI.

Effect of War.

Massachusetts has enacted :

"No policy of insurance issued to a citizen of the Commonwealth by an authorized company organized under the laws of a foreign country shall be invalidated by the occurrence of hostilities between such foreign country and the United States."

Mass. Acts, 1887, ch. 214, § 84.

XXII.

Suicide.

Missouri has enacted :

"In all suits upon policies of insurance on life hereafter issued by any company doing business in this State, it shall be no defense that the insured committed suicide, unless it shall be shown to the satisfaction of the court or jury trying the cause, that the insured contemplated suicide at the time he made his application for the policy, and any stipulation in the policy to the contrary shall be void."

XXIII.

Retaliatory Laws.

Mo. R. S. 1889, vol. 2, § 5855.

The following States have adopted retaliatory laws.

The New York statute is given as a specimen :

"Whenever the existing or future laws of any other State of the United States shall require of insurance companies, incorporated by or organized under the laws of this State, and having agencies in such other States, or of the agents thereof, any deposit of securities in such State for the protection of policy-holders, or otherwise, or any payment for taxes, fines, penalties, certificates of authority, license fees, or otherwise, greater than the amount required for such purposes from similar companies of other States by the then existing laws of this State, then, and in every such case, all companies of such States establishing or having heretofore established an agency or agencies in the State, shall be and are hereby required to make the same deposit for a like purpose in the insurance

department of the State, and to pay the superintendent of said department for taxes, fines, penalties, certificates of authority, license fees and otherwise, an amount equal to the amount of such charges and payments imposed by the laws of such State upon the companies of this State and the agents thereof. And the superintendent of the insurance department is hereby authorized to remit any of the fees and charges which he is required to collect by existing laws, except such as he is required to collect under and by virtue of this act, provided, however, that no discrimination shall be made in favor of one company over any other from the same State."

Montana, Comp. Stat. 1887, p. 782, § West Virginia, Acts, 1891, p. 323.

The following States have adopted anti-compact laws.

The New Hampshire statute is given as a specimen:

"Should any insurance company not organized under the laws, but

doing an insurance business within this State, make an application to remove any suit or action to which it is a party, heretofore or hereafter commenced in any court of this State, to the United States District or Circuit Court, or shall enter into any compact or combination with other insurance companies for the purpose of governing or controlling the rates charged for fire insurance on any property within this State, the insurance commissioner shall forthwith revoke the license or authority of said company to transact business, and no renewal of said license or authority shall be granted for the period of three years from the date of such revocation."

Compare the following more general statutes against pools, trusts, or combinations to fix prices of articles or to restrain trade:

Alabama, Acts, 1891, No. 202.

Minnesota, Gen. Laws, 1891, ch. 10.

California, Deering's Codes and Stat., Mississippi, Gen. Laws, 1890, ch. 36.

1885, vol. 2, § 1673.

District of Columbia.

States.

Missouri, Laws, 1891, p. 186.

See United New Mexico, Acts, 1891, ch. 10.

Illinois, Laws, 1891, p. 206.
Iowa, Gen. Laws, 1890, ch. 28.
Kentucky, Pub. Acts, 1890, ch. 1621.
Louisiana, Acts, 1890, No. 86.
Maine, Pub. Acts, 1889, ch. 266.
Michigan, Pub. Acts, 1889, No. 225.

North Dakota, Laws, 1890, ch. 174.
South Dakota, Laws, 1890, ch. 154.
Tennessee, Acts, 1891, ch. 218.
Texas, Gen. Laws, 1889, ch. 117.
United States, Stat. at Large, vol. 26,
ch. 647,
p. 209.

NOTE.-The New York statutes relating to insurance have been incorporated into one general insurance law (Laws, 1892, ch. 690, viz. ch. 38 of the General Laws). The New York statutes cited in this appendix will be found embodied with trifling changes of phraseology in that general law.

CHAPTER II.

I.

Standard Form of Fire Insurance Policy for New York State.

...

THE .... ... Insurance Company, in consideration of the stipulations herein named and of .................... dollars premium, does insure ........ .......... for the term of .... .... from the ........ day of ........, 189.., at noon, to the ........ day of ....., 189.., at noon, against all direct loss or damage by fire, except as hereinafter provided, to an amount not exceeding .. dollars, to the following described property while located

.........

and contained as described herein, and not elsewhere, to wit:—

(Description of property insured.)

This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality; said ascertainment or estimate shall be made by the insured and this company, or, if they differ, then by appraisers, as hereinafter provided; and, the amount of loss or damage having been thus determined, the sum for which this company is liable pursuant to this policy shall be payable sixty days after due notice, ascertainment, estimate, and satisfactory proof of the loss have been received by this company in accordance with the terms of this policy. It shall be optional, however, with this company to take all, or any part, of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality within a reasonable time on giving notice, within thirty days after the receipt of the proof herein required, of its intention so to do; but there can be no abandonment to this company of the property described.

This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.

This entire policy, unless otherwise provided by agreement indorsed

hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy; or if the subject of insurance be a manufacturing establishment, and it be operated in whole or in part at night later than ten o'clock, or if it cease to be operated for more than ten consecutive days; or if the hazard be increased by any means within the control or knowledge of the insured; or if mechanics be employed in building, altering, or repairing the within described premises for more than fifteen days at any one time; or if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee-simple; or if the subject of insurance be personal property and be or become encumbered by a chattel mortgage; or if, with the knowledge of the insured, foreclosure proceedings be commenced or notice given of sale of any property covered by this policy by virtue of any mortgage or trust deed; or if any change, other than by the death of an insured, take place in the interest, title, or possession of the subject of insurance (except change of occupants without increase of hazard), whether by legal process or judgment or by voluntary act of the insured, or otherwise; or if this policy be assigned before a loss; or if illuminating gas or vapor be generated in the described building (or adjacent thereto) for use therein; or if (any usage or custom of trade or manufacture to the contrary notwithstanding) there be kept, used, or allowed on the above described premises, benzine, benzole, dynamite, ether, fireworks, gasoline, greek fire, gunpowder exceeding twenty-five pounds in quantity, naphtha, nitro-glycerine or other explosives, phosphorus, or petroleum or any of its products of greater inflammability than kerosene oil of the United States standard (which last may be used for lights and kept for sale according to law, but in quantities not exceeding five barrels, provided it be drawn and lamps filled by daylight or at a distance not less than ten feet from artificial light); or if a building herein described, whether intended for occupancy by owner or tenant, be or become vacant or unoccupied and so remain for ten days.

This company shall not be liable for loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority; or by theft; or by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire, or when the property is endangered by fire in neighboring premises; or (unless fire ensues, and, in that event, for the damage by fire only) by explosion of any kind, or lightning; but liability for direct damage by lightning may be assumed by specific agreement hereon.

If a building or any part thereof fall, except as the result of fire, all insurance by this policy on such building or its contents shall immediately

cease.

This company shall not be liable for loss to accounts, bills, currency, deeds, evidences of debt, money, notes, or securities; nor, unless liability is specifically assumed hereon, for loss to awnings, bullion, casts, curiosi