PREMIUM.

sending policy for examination, 72.

usage to collect, effect of, 75.

how may be paid, 73, 74.

payment by check, 74.

in property, 74.

by note, 74.

changing in account, 74.

credit for, will be inferred when, 75, 76.

usage of company to collect, where policy is delivered, effect of,
in case of agreements to insure, 75, 77-84.

broker, cannot waive payment of, 76.

in case of mutual companies, 79.

executed contracts generally understood to be contemplated, 81.
in case of agreements to insure not due until policy is made, 77,

84.

see Kelly v. Com. Ins. Co., 78 n 6.

Post v. Ætna Ins. Co., 71. n 4.

Whittaker v. Merchants' Union Ins. Co., 82.

acceptance of additional, after forfeiture of policy for breach of
condition, effect of, 204 n 1.

knowledge of, by insurer, necessary, 205.

right of assured to recover back, exists when, 286.

sending by mail operate as payment of, when, 343.

promise to pay additional in certain event, effect of, 416.

habitual use intended, 416.

rate of does not determine character of risk, 490.

paid to other companies, misrepresentations as to, 572.

rate of, not test of character of risk, 600.

R.

RE-BUILD:

right of insurer to, when exists, 322.
effect of notice of an election to, 322-334.
contract is personal with insured, 322 n 2.

RE-BUILD-Continued.

right to must be exercised according to terms of policy, 322.
how election to may be established, 323, 325.

must be signified, 323-325.

see Garrett's Appeal, 323–325.

failure of company to rebuild, damage, 326.
rule as to election to, in New York, 327
see Morrell v. Irving Ins. Co., 327 n 1
Hindman v. Westchester F. Ins. Co., 331.
see also Brady v. N. W. Ins. Co., 333 n 1
but see Home Mu. Ins. Co. v. Garfield, 333.

RECEIVER:

appointment of, affect of, 1025.

RECEIPTOR :

has insurable interest when, 692.

REFORMATION OF POLICY:

should be sought when, 10.

cannot be had when mistake is mutual, 21, 22.
see Mead v. Westchester Ins. Co., 21 n 2.
when policy does not state Contract made, 49.

when defective, 87, 88, 89.

rules as to, 1991.

when will be reformed, 1091.

must be shown not to embody the contract made, 1097.

acceptance of policy, effect of, 1099.

must be mutual mistake, 1105.

proceedings for must be before final judgment, 1107.
may be commenced after a loss, 1108.

see Van Tuyl v. Westchester F. Ins. Co., 1008.

RE-INSURERS :

misrepresentation and concealment, 584.

REINSURANCE :

rules as to, 817-821.

construction of pro rata clause in, 194.
insolvency of insurer, effect of. 194, 195.

REMEDIES UPON POLICIES:

form of action, 1117.

who may sue, 1118-1125.

when joint action may be maintained, 1125.

trover lies for policy not delivered, when, 1127.
remedies in equity, 1128.

what declaration must contain, 1130.

when policy is under seal, 1117.

what complaint or declaration must contain, 1118, 1130-1145.

for negligence in procuring policy, 1118.

on parol agreement to insure, 1118.

rule as to assignees of policy, 1118-1121.

when policy is made to A "on account of B," rule, 1121.
when policy is made payable to mortgagee, mortgagor may sue,
when, 1122.

see Coats v. Penn. F. Ins. Co., 1122.

when action is brought by assignee or payee, rule, 1123.

payee of policy may sue in some States, 1123.

not, in others, 1123.

see Hartford F. Ins. Co. v. Davenport, 1123.

rule when payee's interest covers the whole loss, 1123.

rule when statute gives assignee of chose in action authority to

sue, 1123.

when policy is renewed by assignee, rule, 1123.

REMEDIES UPON POLICIES-Continued.

rule when policy is under seal and assignment is not, 1124.

policy issued in name of company, when in fact the property be
longs to an individual, rule, 1124.

when policy is issued to two or more persons, 1124.

when policy is assigned for benefit of two or more persons whose
interests are several, 1124.

see Kausal v. Minn., etc., Ins. Co., 1125.

trover lies for policy made but not delivered, when, 1127.

remedy of assured in equity, 1128, 1129.

declaration or complaint must set forth an insurable interest in
plaintiff, when, 1130.

must set forth a loss under the policy, 1130.

must allege performance of conditions, 1130. n 3.

see Ferrer v. Home Ins. Co., 1130. n 3.

must allege a loss from a peril not excepted against, 1130,

1131, 1132.

must allege performance as to proofs of loss, etc, or facts which

excuse, 1130, 1131.

insurer not liable for interest, when, 1145.

right of assured to sue a re-insuring company, 1145.
rule when there are several policies 1144.
jurisdiction, 1147.

R

R

RENEWAL Continued.

change of location of risk, before, effect of, 43.

of policy at gross sum, destroys distribution fixed fn policy,
133.

of policy after breach of condition, effect of, 178.

of policy, after forfeiture for breach of conditions, effect of,
204-207

of policy, effect of, 334.

if intended to change original contract, must be done in receipt,
334.

see Briggs v. Albany Ins. Co., 334.

takes effect from date of expiration of policy, 335.

see Bast v. Byrne, 335.

contract for, may be made when, 336.

action for loss, should be on original policy, 336.

REPAIRS:

ordinary, do not increase risk, 601-603.

assured may make ordinary, without invalidating the policy,
601.

see Franklin F. Ins. Co. v. Chicago Ice. Co., 601.

provision in policy prohibiting, relates to the occupation as a
business, 602.

alterations made by tenant, effect of, 603.
question whether were reasonable, is for jury, 603.

REPRESENTATIONS:

need only be substantially true, 501.

illustrations, 501.

see Sims v. State Ins. Co., 502 n 1.
Ins. Co. of North America v. McDowell,

as to keeping of ashes, 503.

See WARRANTIES AND REPRESENTATIONS.