ON THE LAW OF INSURANCE ESPECIALLY FIRE, LIFE, ACCIDENT, MARINE WITH AN APPENDIX OF FORMS, ETC. BY GEORGE RICHARDS, M. A. OF THE NEW YORK BAR, FORMERLY LECTURER ON INSURANCE STANFORD LIBRARY THE BANKS LAW PUBLISHING CO. NEW YORK PREFACE This is a true case book. From the officially reported cases, as here reprinted, the student is expected to deduce for himself the precise rulings of the courts, which together constitute a comprehensive summary of the law of insurance. The brief headnotes. indicate the topics or questions involved, but give no clue to the decisions of the courts. The statements of fact, also, have, in most instances, been rewritten. As an aid to an interesting discussion and profitable development of certain doctrines, a case on either side of the border line is reproduced. In Part I general principles are considered; and, in Part II, the more significant clauses of the policies, in the sequence in which they occur in the several instruments. Definitions, explanations, subsidiary points, numerous condensed cases and citations of selected authorities to date are given in finer print. Some such supplementary treatment by way of amplification or explanation is almost a necessity. Many of the decisions in insurance law are highly exceptional or arbitrary in their character. A few cases, culled here and there from thirty thousand, if unqualified, are too apt to be occasions of stumbling as well as of support. We are satisfied to train our students to reason, provided only they reason in terms of sound law. Otherwise they must fall short of attaining success in their professional career. If the class is to study the case of Home Mutual Ins. Co. v. Tompkies, or similar ruling, they must also compare with it the case of Brighton Beach Racing Assn. v. Home Ins. Co., for not even an expert might confidently infer that the courts would draw the dividing line between the two. To portray with measurable accuracy the law of insurable interest or of waiver or of general average requires either hundreds of pages of cases as reported in extenso, or a few suggestive cases together with a complementary statement. If, aided by my long and varied experience as a counselor in the law of insurance, I have succeeded in providing the right help for the use of those who are striving to master the elementary principles of a difficult branch of the law, my extended labors in the preparation of this book will find an ample recompense. September, 1910. G. R. 1 |