Mi Lor Inc V Charter Oak Fire Insurance Company

Author : George Ansel Clement
Publisher : Rarebooksclub.com
ISBN 13 : 9781230085586
Total Pages : 504 pages
Book Rating : 4.0/5 (855 download)

DOWNLOAD NOW!

Download or read book Digest of Fire Insurance Decisions in the Courts of the United States, Great Britain and Canada; from the Earliest Period to the Present Time, with Re written by George Ansel Clement and published by Rarebooksclub.com. This book was released on 2013-09 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 1893 edition. Excerpt: ... of the policy before a loss, and that an assignment of policy after a loss was equivalent to an assignment of the debt created and become' due by the loss, and was not therefore within the prohibition. Carter v. Humboldt Fire lns. Co., 12 Iowa, 287. 118.--After a right of action for a loss has accrued, no condition in the policy can prevent a subsequent assignment of the claim. The legal effect of the claim cannot be limited by such a condition; the right to receive the insurance becomes a chose in action, and as such is assignable, and such condition, if applicable, is void, because contrary to law. West Branch Ins. Co. v. Helfenstein, 40 Pa. 289. 113.--The only interest which passes by an assignment of a policy after a loss has occurred and after the insurers have been served with notice thereof and with the preliminary proofs, is the claim or debt which the insured holds against the insurers for the amount of the loss; and such an assignment is not a breach of a condition forbidding a transfer of the policy, without the consent of the company. Carroll v. Charter Oak Ins. Co., 38 Barb. 402 (N. Y.); subseq. decision in 40 Barb. 292; affd 10 Abb. N. 8. 166; 1 Abb. Ct. App. Dec. 816. 114.--Assignee of policy after a loss takes it subject to all equities and defenses which attach to it in hands of assured. // seems otherwise where company assents to the assignment, or by its act or conduct induces the assignee to take the same under a belief that no claim exists against the assured. Johnston v. Phoenix Ins. Co., 39 Md. 233. 115.--Assured may assign his claim after a fire to a creditor to extent of the debt. Daniels v. Me illhard. 53 Ga. 359. 116.--It seems policy cannot be assigned after a partial loss-Kerr v. Hastinfix Mutual Ins. Co., 41...