Handbook of the Law of Insurance

Handbook of the Law of Insurance

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...insurance. O'Rourke v. Insurance Co., 23 R. I. 457, 50 Atl. 834, 57 L. R. A. 496, 91 Am. St. Rep. 643. See, also, Leonard v. Assurance Co. (R. I.) 51 Atl. 1049, where It was held that the knowledge of a medical examiner that the applicant was contemplating other insurance was not binding on the company. 123 In both Massachusetts and Rhode Island the above statement is held not to apply to representatives of tbe insurance company known as "general Insurance companies then sought to escape the operation of the prevailing doctrine, by which they were made responsible for the fraud and mistakes of their agents while filling out applications, by inserting in the policy a provision that the person taking the application should be regarded as the agent of the insured, and not of the insurer. Much conflict arose among the decisions as to the validity of such a provision; some courts taking the view expressed by the Court of Appeals of New York in Rohrbach v. Germania Fire Ins. Co.:1,4 "But we must take the contracts of the parties as we find them, and enforce them as they read. By the one before us the plaintiff has so fettered himself as to be unable to retain, as the case now stands, the real essence of his agreement. Though he has frankly and fully laid before the actor between him and the defendant all the facts and circumstances of the case, he is made responsible for error in legal conclusions which he never formed, and which were arrived at by one in whom he trusted, and whom he supposed to stand in the place of the defendant. Held to the letter and substance of his contract, the plaintiff made a breach of a warranty and condition precedent, upon the truth of which his contract rested, and for that reason may not recover in this action, ...show more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236496329
  • 9781236496324