Bell's Dictionary and Digest of the Law of Scotland

Bell's Dictionary and Digest of the Law of Scotland

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...whether the goods come to a rising or to a. falling market; Lewis, 2 Burr. 1167. The eflect of an adjustme11!.--An adjustment of the loss indorsed on the policy, and signed by the underwriters, is like a note of hand, and supersedes all further proof on the point. At the same time, the underwriters will be allowed to traverse it by direct evidence, disproving the grounds of adjustment. See as to adjustment, Marshall, 499; A-mould, ii. lO91; Sterelzs on A1.-eru_(/e, 84. 15. O_fRetzu'nQfPremium.--The premium and risk are co-relatives. The insurer cannot be exposed to the risk without being entitled to the premium, nor entitled to the p=cmium without having been exposed to the risk. It remains, therefore, to be considered, under what circumstances the insured shall be entitled to demand a return of premium. Where the contract is void ab tm'ti0.--This is owing either to want of interest in the insured, or because the insurance is illegal, or on account of fraud. When there is no interest, or an interest much below the sum insured, the insurer must return the whole premium, or retain so much of it only as may be proportioned to the actual interest; and where there are more than one policy, the underwriters settle according to the sum subscribed by each, without regard to priority of dates. If the insurer might at any time have been called on for the loss, the premium is carried; therefore, in a valued policy, though there be twice the amount of the value insured, no return is claimable. A voyage on trade with an enemy is not insurable; yet the premium cannot be demanded back--P0ti07' est canclitio p0ssz'cents?entis. But when the policy is void without any fraud on the part of the insured, the premium may be demanded; or where it is void froshow more

Product details

  • Paperback | 890 pages
  • 189 x 246 x 45mm | 1,556g
  • United States
  • English
  • black & white illustrations
  • 1236764501
  • 9781236764508