TABLE OF CONTENTS.

PART FIRST1

CHAPTER I.

NATURE, ORIGIN, AND GROWTH OF INSURANCE.

§ 1. Nature and Importance of Insurance....

§ 2. Conditions Necessary to a Successful System

3. Insurance Companies

§ 4. Statutory Safeguards

5. Origin of Insurance and Insurance Law..

§ 6. Lloyd's and Lloyd's Usages....

§ 7. Largest. American Marine Company

§. 8. Fire Insurance...

9. Life Insurance..

§ 10. Real Estate Title Insurance.

§ 11. Classification of Risks

$12. Mortuary Tables..

§ 16. Authority of Insurance Agents to Bind the Companies....

§ 17. Agents of Life Companies...

§18. Agents of Fire Companies....

§ 19. Agents of Marine Companies .

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§ 22. Grants Indemnity for Results of Negligence....

§ 23. Rule of Indemnity Qualified in Marine Insured a Co-

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:

insurer....

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24. Double Insurance Contribution

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25. Doctrine of Subrogation

31

26. Insurable Interest: Fire.

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27. Insurable Interest: Life.

The Leading Cases of Part Second are illustrative of the corresponding chapters of Part

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§ 28. Insurable Interest: Marine

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37

§ 29. The Payee or Assignee of Life Policy need not have Insur-

able Interest

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30. When must Insurable Interest Exist..

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§ 31. Temporary Suspension does not Avoid unless Policy so

Provides..

§ 32. Insurable Interest as Related to Measure of Recovery :

Fire and Marine....

§ 33. Insurance Contract is Personal, and does not Run with the

Property.....

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34. Insurance Contract is an Entirety

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§ 35. Assignment of Policies

§ 36. Vested Interests: Life Insurance

37. Relations between Insurer and Insured: Life..

§ 38. The Contract is a Property Right: Life............

CHAPTER III.

CONSUMMATION AND CONSTRUCTION OF THE CONTRACT.

39. Requisites of a Complete Contract...

42

43

45

46

40. The Particulars are sometimes Understood

§ 41. Contract may be Closed by Parol

§ 42. Contract to Issue Policy is Governed by Terms of Usual

Policy..

§ 43. Certain Rules of Construction

§ 44. What Law Governs the Construction of the Contract..

45. Who Construes the Contract, Court or Jury..

CHAPTER IV.

REPRESENTATIONS AND CONCEALMENTS.

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48

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50

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46. Concealment: Marine Insurance

§ 47. Concealment: Fire and Life.

§ 43. Representations....

§ 49. Erroneous Statement of Opinion not generally Fatal

50. Test of Materiality

§ 51. Refers to what Time..

CHAPTER V.

WARRANTIES.

§ 52. What is a Warranty....

53. Warranty must be Strictly Performed...

§ 54. Inability to Perform the Contract no Excuse..

$58. A Breach Avoids though not Connected with the Loss.

§ 59. Breach Avoids though only Temporary..

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67

have los

Policy so

Recovery:

n with the

§ 60. To Avoid Forfeiture, Contract made Severable...

§ 61. Void means Voidable.....

§ 62. Election once made is Final.

WAIVER AND ESTOPPEL.

CHAPTER VI.

64. What in General Constitutes a Waiver or Estoppel..

§ 65. What the Insured Seeks to Accomplish by Invoking this

Doctrine....

§ 66. The Disturbance of Contract brought about by Parol Testi-

mony

§ 67. Effect of this Doctrine on the Ordinary Rule of Evidence.

§ 68. Reasons in Favor of Doctrine of Waiver and Estoppel in

Certain Cases ...

§ 69. Reasons against Doctrine of Waiver and Estoppel in Cer-
tain Cases...

70. How this Doctrine has Operated in Practice

§ 71. Cause of the Conflict of Opinion in Applying it......

CHAPTER VII.

§73. What can be Waived: Stock Companies......

t..... #

§ 74. New Subject of Insurance cannot be Introduced by

Waiver....

§ 75. Rule as to Waiver in Massachusetts and New Jersey..

§ 76. What Can be Waived: Mutual Companies....

§ 81. Denial of all Liability when a Waiver..........

§ 77. What Amounts to a Waiver............

78. Knowledge of Breach: When a Waiver

§79. Silence is not a Waiver .....

§ 80. Proofs of Loss: Technicalities when Waived..

§ 82. Demanding Proofs of Loss when a Waiver.

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83. Taking Part in Adjustment when a Waiver..

84

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§ 84. Company may Defend on other Grounds than those first

Named...

85

85. A Retention of Proofs Waives Defects that might have

been Remedied .......

85

CHAPTER VIII.

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WAIVER AND ESTOPPEL BY AGENTS.

§ 86. Ostensible Authority...

§ 87. Undisclosed Instructions not Binding upon the Insured...

88. Agency to be Determined by the Facts of each Case......

§ 89. Effect of Stipulations in the Contract itself as to who are,

or are not, Agents of the Company....

§ 90. Effect of Stipulations as to the Manner of Exercising

Authority.....

91. Authority of Officers of the Company to Waive

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§ 116. Insured may Claim whole Loss from Insurer, leaving lat-