Heavy faced figures refer to pages. other figures to paragraphs. not reduced by amount of award, condemnation proceedings. evidence and effect.. valuation by another company certificate not evidence. inventory as evidence... evidence of course of trade. policy no evidence of.. expert as to value..... opinions of witnesses or experts. must be proved.......... report of agent no evidence. can not be founded on guess work. amount paid for like property. evidence of persons in similar business. failure to call clerk as witness.. 141, 141, 142, 166 131, 34 .140, 124, 129, 134, 135, 141, 149, 153, 130, 18, 20, 26 .140, 131, 141, 137 140, 133 .141, 138, 146 141, 139 141, 140 141, 147 under Wisconsin statute.. 134, 61 when building "wholly destroyed" under Wisconsin statute. 134, 62, 135, 68, 71 application of Wisconsin statute.. 135, 70 statutory provisions.. (SEE AMOUNT, INSURABLE INTEREST, INTEREST, LOSS OR DAMAGE, RE- 143 Heavy faced figures refer to pages, not a stipulation.... effect of misdescription... as affected by business described. insured may prove knowledge of company. as a warranty.. when no warranty. not a promissory warranty. must be applicable to property burned. main building, what includes. brick buildings.. as affected by number of stories. effect adding story to building. unfinished house.... stone building not satisfied if part wood. a tug not a building.. as dwelling, part occupied as saloon.. dwelling, occupied as boarding house. "house" may include adjoining building. of barns permits mixing and keeping paints. stocks in trade... See also table .40, 160 .43, 188, 190, 192, 193, 47, 233 .34, 96 .38, 136a, 39, 41, 168, 169, 42, 178 .35, in trust limited to goods for which insured responsible. goods held on joint account .33, 89, 34, 92, 39, 148, 149, 151, 41, 164, 171, 172, 173, stock of hair... guano includes fertilizer.. stocks, crops and farming implements.. silk factory includes weaving woolen and linen. wholesale stock of drugs, etc.. woolen mill and contents.. sawmill building.. manufactured or in process. of "mill," what includes... steam flouring mill, what includes. steam sawmill, what includes.... starch manufactory includes fixtures. machine and repair shop..... manufactory, what it includes.. tools does not cover paper bags... tools and implements covered by machinery. planing machine covered by machinery when engine and machinery not included.. what covered by merchandise.. mercantile purpose does not include restaurant.. merchandise usually kept, etc... what covered by merchandise. railroad property.. jewelry and clothing.. what covered by "dry goods". what covered by "groceries". wearing apparel and furniture. shingle roof.. meaning of " detached meaning of contiguous iron shutters and doors. storehouse.. of roof. .36, 114, 46, 225, 47, 234, 235, 236 .45, 221 .45, 212 .45, 213 .46, 230 .45, 216 .42, 182 .42, 183 .41, 174, 176 .41, 175 (SEE CONSTRUCTION, MISREPRESENTATION, REFORMATION, USAGE AND CUS- DIAGRAM-concealment... as warranty...365, 93, 366, 104, 370, 126, 371, 134, 375, 167, 382, 225, 384, 237 DIES-meaning of (SEE CONSTRUCTION.) DISTRICT COLUMBIA-statute, application. waiver by agent.......... .411 Heavy faced figures refer to pages, (SEE ENTIRETY OR DIVISIBILITY OF CONTRACT, MORTGAGE, TITLE.) ENTIRETY OR DIVISIBILITY OF CONTRACT-general rules.. when divisible.... construction of word "entire consideration single contract entire. See also table of contents. 563, 116 .90, 314, 11, 389, 274, 409, 465, 410, 473 entire policy void, entire risk affected by cause of forfeiture. .91, 52, 54 .89, 25, 27 .90, 39 .92, 62, 63 breach of warranty as to one item does not affect others.. insurance on separate items.. .89, 21, 25, 26 .87, 4, 5, 6, 89, 24, 91, 47, 48, 53, 92, 57, 58, 59 failure to disclose interest or title as to one item voids all. defective title or interest as to part.. ground not owned in fee simple affects building only.. ground not owned in fee simple voids entire policy. illegal business as to part voids the whole.. alienation of part voids the whole... alienation of one house does not affect others. alienation of part does not affect rest... when items separated, alienation of one does not affect others.. encumbrance on part voids the whole.. encumbrance on one item does not affect others. mortgage on part voids the whole... mortgage of one item does not affect others.. change in occupancy. other insurance on part voids whole.. building and contents..... 328, 25 .90, 40 .92, 61 .89, 20 .91, 43 .91, 50 .91, 51, 92, 60 .91, 44, 49, 92, 62, 65 .90, 32 .88, 17, 89, 28 .90, 37 .280, 118 .90, 36, 38, 91, 45 .87, 3, 88, 10, 12, 13, 89, 18, 19, 20, violation "safe" clause no effect on building. case should be free from doubt to hold divisible. insured may abandon claim as to part on trial. ESTOPPEL-by agents, knowledge of use and occupation. by agents, construction of description.. none by agent's knowledge. knowledge of agent as to misrepresentation.. by ratification of acts of agent. (SEE WAIVER.) EVIDENCE-blank policy. loss by removal.. affecting agent.. title made known to agent. .363,82 letters between company and agent. letters between insured and his agents. presumption knowledge of company nature of business. .268, 19 .280, 114 .260, 167 .434, 270 .438. 314 225, 2 419, 86 437, 306, 307 .280, 115, 488, 201, 490, 217 parol, not admissible to show promissory representation. parol, as affecting description. parol, as to location.... .81, 136 Heavy faced figures refer to pages, parol, not admissible to cure defect in record of judgment. custom. See also table 111, 45 .44, 207, 104, 83, 87, letter offer of compromise. admissions of manager. parol contract. cancellation.. intentional burning. what company may prove under general denial. burden of proof loss or damage. burden of proof parol contract. burden of proof when policy has been altered. burden of proof on company to show excepted risk or loss. burden of proof on renewal.... (SEE CONSTRUCTION, DAMAGES, INSURED, TRUST OR ON COMMISSION, USAGE 111, 44 .24, 6 52, 30 59, 77 112, 66 355, 10 453, 65 546 .505, 22 547 546 547 547 548, 18 505, 22 .547, 17 548, 20 548, 2 .548, 19 529, 547 .566, 17 .266, 4, 270, 11, 12 EXPLOSIVE MATERIALS (SEE INFLAMMABLE OR EXPLOSIVE, etc.) FACTORS-liability to consignors... (SEE CONSIGNEE.) FALLEN BUILDING—general rules. when falls..... fall of part.. burden of proof. evidence FEE SIMPLE-land not owned in. FIRE-intentional (SEE FRAUD AND FALSE SWEARING.) FIREWORKS-(SEE INFLAMMABLE OR EXPLOSIVE MATERIALS.) |