177.— While a state has power to make insurance by owner of his property in an unauthorized foreign company unlawful and criminal, if done in the state, such prohibition will not be inferred, and the intent must be expressed in clear and unambiguous words. The Pennsylvania Act of April 26, 1887, construed and held not to apply to owners, but to agents, brokers, and others doing an insurance business. *Commonwealth v. Biddle, 20 Ins. L. J. 193; 27 W. N. C. 287 (Pa.)

178.- The discretion of the insurance superintendent in granting, refusing or revoking licenses to companies to do business within the state cannot be controlled by mandamus. *Dwelling House Ins. Co. v. Wilder, 40 Kans. 561.

179.- The decision of the insurance superintendent in granting, refusing, or revoking authority to a mutual fire insurance company to do business, on account of insolvency or noncompliance with the law of the state, is not final, but subject to inquiry and control by the court. *Kansas Home Ins. Co. v. Wilder, 43

Kans. 731.

180.- In Pennsylvania, when the plaintiff's statement of claim is accompanied by a copy of the policy sued on, a summary judgment may be taken under section 5 of the procedure Act of 1887, for want of an affidavit or sufficient affidavit of defence. *Hebb v. Kittanning Ins. Co., 138 Pa. 174.

cent. on the building or on the stock and fixtures of any of the tenants, cannot be restricted to the amount that the landlord should have to pay, either to the insurance companies or to the other tenants, but is an absolute contract for the payment of any such increase over 1 per cent. *Noel v. Herman-Bencke Lith. Co., 33 N. Y. S. Rep. 759; 11 N. Y. Supp. 589.

183.- A policy of fire insurance is not absolutely void, but merely voidable, when issued by the secretary of the company on his own property without approval of its terms by any officer representing the company only, as required by the by-laws. *Pratt v. Dwelling House Mut. F. Ins. Co., 41 N. Y. S. Rep. 303; 21 Ins. L. J. 146; 29 N. East. Rep. 117; 130N. Y. 206.

XV.

STATUTORY PROVISIONS..
As to standard form.
Miscellaneous.

AS TO STANDARD FORM.

1. Canada, Ontario. Certain conditions prescribed at length. Others may be added in form and manner as specially prescribed, but have no force unless the court or judge determine the same to be just and reasonable. 2 R. S. Ontario, 1887, §§ 106-120, pp. 1,590-1,598; Stat. Ont. 1887, ch. 26; Id. 1892, ch. 39.

2. Massachusetts. Standard form and provisions. Pub. Stat. Mass., 1882, ch. 119, § 139.

3. Standard form prescribed, Acts Mass., 1887, ch. 214, § 60. Insurance commissioner may approve use of other or additional provisions and conditions, and the insurance company may add to or modify those contained in the prescribed form if written on margin or across the face of the policy, or write or print in

rate slips or riders. Id., Subd. 4, 7.

4.- Policy other than standard form binding on company. Pub. Stat. Mass., 1882, ch. 119, § 140. 5. Michigan. Standard form prescribed. 1 Mich. Gen. Stat. (Howell), 1882, § 4,344 et seq.

1, 1890. 1 Stat. Minn., 1891, § 2,973 et seq; L. 1889, ch. 217.

7. New Hampshire. Standard form prescribed. Stat. 1885, ch. 93, § 3; Pub. Stat. (1891), ch. 170, § 1.

8. New Jersey. Provision for standard form of policy to be used exclusively after Jan. 1, 1893. Laws N. J., 1892, ch. 231.

8a.- Policies made contrary to provisions of the law are nevertheless binding on the company. Laws N. J., 1892, ch. 231, § 5.

9. New York. Standard form prescribed. Became operative May 1, 1887. L. of N. Y., 1886, ch. 488; and see L. 1892, ch. 690, § 121.

10.— Use of any other than standard form prescribed by statute punishable by fine. N. Y. Penal Code, § 577d as amd. L. 1892, ch. 692.

11.- Names of agents and place of business may be endorsed on standard policies. L. 1887, ch. 429.

12.- No fee, charge, compensation or perquisite can be included in the sum charged or designated as the consideration for insurance. When policy fee, survey fee, or other fee or charge, is charged and collected in addition to the consideration for the insurance, the amount, nature, and particulars must be endorsed upon the policy, and same must be reported to the company, subject to fine or imprisonment for violation. L. 1892, ch. 641.

13. North Dakota. New York standard form prescribed. Also containing provisions as to what may be added. N. D., 1890, ch. 74.

L.

14. Pennsylvania. Standard form prescribed. Became operative May 1, 1892. L. Pa., 1891, No. 18. Brightly's Purden's Digest Supplement, part 2, p. 2,528, SS 9-13.

15. Wisconsin. New York standard form prescribed. Became operative Sept. 1, 1891. L. Wis. 1, 1891, ch. 195. 15a. See also Appendix.

17.- Premium. 2 Deer. Annot. Civ. Code Cal., $ 2,616-2,622.

18.- Liability for peril remote and proximate. 2 Deer. Annot. Civ. Code, Cal., § 2,626–2,629.

19. Limitation of insurance to interest of person named, unless otherwise indicated. 2 Deer. Annot. Civ. Code, Cal., S$ 2,588-2,591.

20. Effect of acknowledging receipt of premium in the policy. 2 Deer. Annot. Civ. Code, Cal., § 2,598.

21. Canada. No policy shall be issued for more than three years. R. S. Can., 1886, ch. 124, § 48.

22. Ontario. Term not to exceed one year on mercantile and manufacturing risks. Stat. Ont., 1887, ch. 26, § 106.

23.- Trustees may insure trust property not exceeding with amount already on three-fourths of value and pay premium out of income without consent of persons entitled to such income. Stat. Ont., 1891, ch. 19, § 12.

24.- 'Coroners to investigate fires. Stat. Ont., 1891, ch. 37.

25. Quebec (Lower Canada). Interest insured must have-must be specific. Sharp Civ. Code, 1888, $2,571.

26.- Insurance applies to property in a certain place falling within description at time of loss. Sharp Civ. Code, 1888, § 2,573.

27.- Insurer liable for fire caused by fault of insured, otherwise than by fraud or gross negligence. Sharp. Civ. Code, 1888, § 2,578.

28.- Insurer liable for losses caused by fault of servant of insured, committed without his knowledge or consent. Sharp Civ. Code, 1888, § 2,579.

29.- Liable for immediate consequences of fire, or burning from whatever cause, including damage suffered in removal or from use of means to extinguish firesubject to special exceptions contained in the policy. Sharp Civ. Code, 1888, § 2,580.

30.- Not liable for losses caused by excessive heat in furnace, stove, etc., where there is no actual burning or ignition. Sharp Civ. Code, 1888, § 2,581.

31.- Liable for whole amount of loss

16. California. Insurable interest. Deer. Annot. Civ. Code, Cal., §§ 2,546-2,552.

Sharp Civ. Code,

duction or average.

2

1888, 2,582.

32. Connecticut. Conditions to be

valid must be stated in the body of the policy. Gen. Stat. Conn., 1888, § 2,826. 33. Georgia. Loss defined, etc. Georgia Code, 1882, § 2,799.

51.- Contract valid, though made by company, which has not complied with the law entitling it to do business in the state. Pub. Stat. Mass., 1882, ch. 119,

52.- Restricting term for which policy

36.- Interest of insured and third parties. Georgia Code, 1882, §§ 2,795, 2,796. 37.- Contract must be in writing. Georgia Code, 1882, § 2,794.

38.- Gross negligence by insured relieves company. Georgia Code, 1882, $ 2,801.

ch. 119, § 178.

53.- Railroad shall have insurable interest in the property upon its route, and may procure insurance thereon in its own behalf. Pub. Stat. Mass., 1882, ch. 112, 214.

54. Michigan. Foreign companies or their agents shall not enter into any

40. Idaho. If loss less than amount insured, company to return excess of premium paid. R. S. Idaho, 1887, § 2,759.

41. Illinois. Removal suits to U. S. courts. Rev. Stat. Ill., 1891, ch. 73, § 35a. 42. Iowa. Negligent causing fire on prairie or timbered land, punishable by fine or imprisonment or both. McClain Annot. Code, Iowa, 1888, §§ 5,188, 5,189.

43. Louisiana. Rebate of premium not to be allowed on policy. Act of La., 1886, No. 82, p. 121.

44.— Company to return premium on difference between amount insured on real property and amount of judgment in case of total loss. Acts La., 1888, No.

149.

must file undertaking to that effect. On failure to file such undertaking certificate of company or agent will be revoked. Any person violating this act guilty of misdemeanor. 3 Howells Annot. Stat. Mich., 1890, §§ 4,3406-4,340h.

55. Minnesota. Non-payment of a judgment subjects a company to revocation of its license. 1 Stat. Minn., 1891, § 2,958.

56.— Negligently causing fires a misdemeanor. 2 Stat. Minn., 1891, § 6,292.

57. Mississippi. How insurance may be procured in companies not authorized to do business in the state. Laws of Miss., 1886, ch. 70, § 3.

58. Failure of foreign company to satisfy judgment of policy holder debars such company from doing business in the state, unless appeal is taken and bond given. Laws of Miss., 1890, ch. 4, § 3.

46.— A change in property or in use and occupation does not affect the insurance unless the risk is materially increased. R. S. of Maine, 1883, 446, § 20. 47. Massachusetts. Companies not to insure in excess of value. Pub. Stat. Mass., 1882, ch. 119, § 136.

days, subjects it to revocation of license to transact business within the state. R. S. Mo., 1889, § 5,928.

60. Nevada. If loss less than amount insured, company to return excess of premium. R. Gen. Stat. Nev., 1885, § 993. 61. New Hampshire. Descriptions and statements concerning value and

Mistake or misrepresentation must be intentional or fraudulent, or the difference must have contributed to the loss. The sum insured taken to be fractional part of the sum mentioned as the premium paid is of premium he ought to have paid,

62.- Foreign insurance company entering into any compact or combination with other companies for the purpose of controlling rates, subjects itself to revocation of license. Pub. Stat. N. H., 1885, ch. 93, § 1.

63. A breach of any of the terms of the policy by the insured affects it only while breach continues. Pub. Stat. N. H., 1891, p. 485, § 4.

64. New York. Negligent causing of fire to woods, whereby property of another is endangered, or negligently suffers fire to spread beyond a person's land, guilty of a misdemeanor. N. Y. Penal Code, § 413.

65.- Application to remove into United States court subjects company to revocation of its license. L. 1892, ch. 690, § 30. 66.- Advertisements by company restricted. L. 1892, ch. 690, § 48.

67.- No policy to be issued except upon application and in name of some person having an interest in the property. 1892, ch. 690, § 55.

68. North Carolina. Chap. 29. Code not applicable to contracts made outside limits of the state by citizen of the state. Laws N. C., 1885, ch. 178, § 4.

69. When insurance can be placed in companies not authorized to do business in the state. Laws N. C., 1887, ch. 170, § 4. 70.- Right of citizens to contract with companies doing business outside of the state. Laws N. C., 1889, ch. 383, § 1.

71. North Dakota. Policies not made in accordance with requirements of law, binding on company. Laws N. Dak., 1890, ch. 74, § 5. But written in another state declared to be invalid. Id., ch. 76.

72. Insurable interest. Comp. L. Dak., § 4,098, 4,118.

73.- Change of interest in a distinct thing insured does not avoid insurance as to others. Comp. L. Dak., § 4,115.

74. Limitation of insurance to person unless otherwise indicated. Comp. L. Dak., §§ 4,143, 4,147. 75.

86. Oregon. If loss less than amount insured, company to return excess of premium. 2 Hill Annot. L. Ore., 1887, § 3,585.

87. Pennsylvania. Company may be compelled to furnish copy of lost or destroyed policy. 1 Brightly's Purd. Dig. Pa. Laws, 1883, p. 920, §§ 92, 93.

88. South Dakota. See North Dakota supra. Nos. 54 et seq.

89. Tennessee. Policy void for failure to comply with laws. Laws Tenn., 1887, ch. 187, § 1.

90. Vermont. If judgment against foreign company not paid within thirty days after demand on agent, commissioner may suspend power to transact business within the state. R. L. Vt., 1880, § 3,625.

76.- Premium. Comp. L. Dak., SS 4,165-4,171.

77. Ohio. Removal of action into United States Court subjects company to

Code Va., 1887, § 3,252.

92. Washington. If loss less than amount insured company to return excess of premium. 1 Hill Annot. Stat. Wash., 1891, § 2,740.