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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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As to many miscellaneous matters as to insurance, see notes
{{ 414, 2527. ante.

Kiitiire products. — See 2ii A. 1 ». .'is.

§2r>r»0. MEASIRE OF INTEKEST IN riMU'EHTV. The

measure of an in.surable inlere.st in proijerty i.s liie extent
to which the insured might be damnified by loss or Injtiry
thereof.

Illotor.t: Knacted March 21, lsT2.

As to many miscellaneous matters as to in.surance, see notes
II 414, 2527. ante.

Purchaser's insurable int<'rest. — See Kerr'.s Cyc. C. C. I 2553
and note par. 3.

Valuation In policy of marine Insurance. — See K<rr'a Cyc.
C. C. I 2736 and note.

gi'iol. INSrHANTE \>HU(H I I MEREST, lI.EEIiAI..

The sole object of insurance is the indemnity of the Insured,
and if he has no insurable Interest the contract is void.

lllNiiir.'.: Hnart.d March 21. 1S72.

As to many miscellaneous matti-rs ns to Insurance, see notes
11 414. 2527, ante.

Invalidity of policy as to part of property insiired, whether
void In toto, where It covers different kinds of property, con-
tract being entire. — See 74 A. D. 498-500.

§2:):i2. ^VHE>' INTEREST MIST EXIST. An interest

insured must exist when the insurance takes effect, and when
the loss occurs, l)ut need not exist in the mean time.

HlKtorj ; Enacted March 21. '*>T2
1831



§§ 2553-2555 CIVIL CODE. [Div.in,Pt.IV.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

For Commissioners' comment on this section and authorities,
see Kerr's Cyc. C. C. § 2552, note.



§2553. EFFECT OF TRANSFER. Except in the cases
specified in the next four sections, and in the cases of life,
accident, and healtli insurance, a change of interest in any
part of a thing insured, unaccompanied by a corresponding
cliange of interest in the insurance, suspends the insurance
to an equivalent extent, until the interest in the thing and
the interest in the insurance are vested in the same person.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

Alienation defeating claim for insurance. — See 28 A. D. 154-
159, 30 Id. 102.

Assignment of life policy. — See Kerr's Cyc. C. C. § 2764 and
note.

Cognate sections. — See Kerr's Cyc. C. C. §§ 2554-2557, 2593 and
notes.

§2554. TRANSFER AFTER LOSS. A change of interest
in a thing insured after the occurrence of an injury vi^hich
results in a loss, does not affect the right of the insured to
indemnity for the loss.

History: Enacted March 21, 1872.

§2555. EXCEPTION IN THE CASE OF SEVERAL SUB-
JECTS IN ONE POLICY. A change of interest in one or more
of several distinct things, separately insured by one policy,
does not avoid the insurance as to the others.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to insurance, see notes
§8 414, 2527, ante.

For Commissioners' comment on this section, see Kerr's Cyc.
C. C. § 2255, note.

1332



I



Tit.XI.ch.I.art.IV.] i jkath— tkanskkk. §§2556-2558

§2.w(;. IN CASE OF THE DEATH OF THE INSIKEK. A

change of interest, by will or succession, on the death of the
insured, does not avoid an insurance; and his interest in
the insurance passes to the person taking his interest in the
thing insured.

liiNtury: Enacted March 21, 1S72.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527. ante.

Alienation by operation of law. — See 28 A. D. 158, 159.

Assignment in bankruptcy. — See 28 A. D. 158.

Death of Insured does not constitute alienation. — See 28 A.
D. 158.

§2557. IN THE CASE OF TKANSFEK BETWEEN ( OTE\-
ANTS. A transfer of interest by one of several partners,
joint owners, or owners in common, who are jointly insured,
to the others, does not avoid an insurance, even though it has
been agreed that the insurance shall cease upon an aliena-
tion of the thing insured.

IliNtory: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

Part owner — Insurance by. — See Kerr's Cyc. C. C. § 2tt'^0 and
note.

Transfer by partner. — See 28 A. D. 157, 158; 49 A. R. 22-25;
52 A. R. 442-443.

§2r>:.s. VOID INSri{AN(E STirn.ATIONS. Every stipu-
lation in a policy of insurance for ihc payment of loss
whether the person insured has or has not any Interest in
the property insured, or that the policy shall he received as
proof of such interest, and every policy executed by way of
gaming or wagering, is void.

HiMtory: Enacted March 30, 1S74; Code Amdts. 1873-4, p. 255.

As to many miscellaneous matters as to Insurance, sec notes
§§ 414, 2527, ante.

Wager policies — Common law as to. — See article 32 Alb. L.
J. 385. 403, reproduced as note in 52 A. R. 135-148.

1333



§ 2561 CIVIL CODE. [Div.III.Pt.IV.

ARTICLE V.

CONCEALMENT AND REPRESENTATION.

§ 2561. Concealment, what.

§ 2562. Effect of concealment.

§ 2563. What must be disclosed.

§ 2564. Matters which need not be communicated without

inquiry.

§ 2565. Test of materiality.

§ 2566. Matters which each is bound to know.

§ 2567. Waiver of communication.

§ 2568. Interest of insured.

§ 2569. Fraudulent warranty.

§ 2570. Matters of opinion.

§ 2571. Representation, what.

§ 2572. When made.

§ 2573. How interpreted.

§ 2574. Representation as to future.

§ 2575. How may affect policy.

§ 2576. When may be withdrawn.

§ 2577. Time intended by representation.

§ 2578. Representing- information.

§ 2579. Falsity.

§ 258(V. Effect of falsity.

§ 2581. Materiality.

§ 2582. Application of provisions of this article.

§ 2583. Rescission of insurance contract.

§2561. CONCEALMENT, WHAT. A neglect to communi-
cate that which a party knows, and ought to communicate,
is called a concealment.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

80 C. 440, 443, 22 P. 302, 303 (applied).

As to false representations, see note § 2527, ante.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to misrepresentations, see note § 2527, ante.

As to misstatements, see note § 2527, ante.

As to representations, see note § 2527, ante.

Application as part of policy. — See Kerr's Cyc. C. C. § 2605 and
note pars. 2, 3.

1384



i\



Tit.XI,ch.I,art.V.] matters to be disclosed. §§ 2562-2564

Duty of insured to submit to examination and furnish in-
formation to insurer. — See 52 L. 424-429.

Enemies of insured — Failure to state existence of. — See Kerr's
Cyc. C. C. §§ 2563 and note par. 3.

Fraud as ground for avoidance. — See 51 A. S. 439.

Innocent misrepresentations as to liealtli of insured when he
has undiscovered disease. — See 53 L. 193-205.

Liens and encumbrances not correctly stated. — See Kerr's
Cyc. C. C. §2611 and note par. 6.

Marine insurance — Concealment by insured. — See Kerr's Cyc.
C. C. §§ 2669-2672 and notes.

"Warranties. — See Kerr's Cyc. C. C. §§ 2603-2612 and notes.

What must be disclosed. — See Kerr's Cyc. C. C. § 2563 and note.

§2o()2. EFFECT OF CONCEALMENT. A concealment,
whether intentional or unintentional, entitles the injured
party to rescind a contract of insurance.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
80 C. 440, 443, 22 P. 302, 303 (applied).

As to many miscellaneous matters as to insurance, see note.«
§§ 414, 2527, ante.

§2563. WHAT MUST BE l)ISCL(hSEI). Each party to a
contract of insurance must communicate to the other, in good
faith, all facts within his knowledge which are or which he
believes to be material to the contract, and whicli the other
has not the means of ascertaining, and as to which he makes
no warranty.

IliMtory: Enactrd March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
80 C. 440. 443, 22 P. 302, 303 (applied).

As to many miscellaneous mattirs as to insurance, see notes
§§ 414, 2527, ante.

§25(54. MATTEKS >VHI( H NEED NOT IJE (OMMIM-
CATEI) WITIKM'T INOCIKV. Neither party to a contract of
insurance is l)ound to communicate information of the mat-
ters following, except in answer to the inquiries of the
other :

1. Those which the other knows:

2. Those which, in the exercise of ordinary care, the other

1335



§§ 2565, 2566 CIVIL CODE. [Div.III.Pt.IV.

ought to know, and of which the former has no reason to
suppose him ignorant;

3. Those of which the other waives communication; .

4. Those which prove or tend to prove the existence of a
risk excluded by a warranty, and which are not otherwise
material ; and,

5. Those which relate to a risk excepted from the policy,
and which are not otherwise material.

Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

125 C. 345, 350, 58 P. 7 (subd. 3 cited).

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to representation contained in application, see 20 A. R.
575-578; 33 A. R. 832-838; 59 A. R. 816-822.

Application as part of contract. — See Kerr's Cyc. C. C. § 2605
and note par. 2.

Fraudulent warranty. — See Kerr's Cyc. C. C. § 2569 and note.

Matters whicli each is bound to know. — See Kerr's Cyc. C.
C. § 2566 and note.

Waiver of communication. — See Kerr's Cyc. C. C. § 2567 and
note.

§2565. TEST OF MATERIALITY. Materiality is to be
determined not by the event, but solely by the probable and
reasonable influence of the facts upon the party to whom
the communication is due, in forming his estimate of the
disadvantages of the proposed contract, or in making his
inquiries.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

Incendiary danger — Appreliension of. — See Kerr's Cyc. C. C.
§ 2561 and note par. 6.

Representation — Materiality of. — See Kerr's Cyc. C. C. § 2581
and note.

§2566. MATTERS TVHItH EACH IS BOUND TO KNOW.

Each party to a contract of insurance is bound to know all
the general causes which are open to his inquiry, equally

1336



TitXI.ch.I.art.V] WAIVER— FRAUD. §§ 2567-2569

with that of the other, and which may affect either the
political or material perils contemplated; and all general
usages of trade.

IIi.s4or>: Enartiil Marfli 2\. 1S71'.

§2.>67. WAIVEK OF ( OMUl'NK ATION. The right to
information of material facts may be waived, either by the
terms of insurance f)r by neglect to make inquiries as to
such facts, where they are distinctly implied in other facts
of which information is communicated.

IIiN(or>: Enactod Marcli 21, 1872,

See Kerr's Cyc. C. C. for 4 pars, annotation.

See Kerr's Cyc. C. C. § 2566 and note.

As to many miscellaneous matters as to liisiir.ince, see notes
S§ 414, 2527, ante.

MIsrepre.spntatiDn waived. — See Kerr's Cyc. C. C. $ 2.'.S0 and
note par. 25.

Violation of warranty waived. — See Kerr's Cyc. C. C. { 2610
and note pars. 42-48.

§2o(>N. I.MKKKST 01 IN-SIKKD. Information of the na-
ture or amount of tlie interest of one insured need not be
communicated unless in answer to an inquiry, except a.s pre-
scribed by section twenty-five hundred and eighty-seven.

lllMtor>: Enact. d March 21, 1S72.

§1V>(;!». KK.VnU l,KM »\I{|{V\IK An intentional and
fraudulent omission, on the part of one insured, to communi-
cate information of matters proving or tending to prove the
falsity of a warranty, entitles the insurer to rescind.
IllHlor.i: Enacted Murcli 21, ISTJ.

S«T Kerr's Cyc. C C for 3 pars, annotation.

As to many miscellaneous matters as to instjranre, »oe notes
5$ 11 4, 2,">27, ante.

ElTect of false representntlon. — See Kerr's ('>•-. • 80

nnil note.

Violation of materliil w.nrranty. — S.-e Kerrs Cyc. r C. f 2610
and note.



§§ 2570-2573 CIVIL CODE. [Div.III.Pt.IV.

§2570. MATTERS OF OPINION. Neither party to a con-
tract of insurance is bound to communicate, even upon
inquiry, information of his own judgment upon the matters
in question.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

For Commissioners' comment, see Kerr's Cyc. C. C. § 2570,
note.

§ 2571. EEPRESENTATION, >VHAT. A representation may
be oral or written.

Hi-story: Enacted March 21, 1872.

25 P. 260, 261 (cited); 89 C. 203, 23 A. S. 460, 26 P. 872 (on
rehearing).

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

Marine insurance — Representations of insured. — See Kerr's
Cyc. C. C. §§ 2676, 2677 and notes.

Warranties and representations in contracts of insurance. —
See 16 A. D. 467; 54 A. D. 320, 321.

§ 2572. WHEN MADE. A representation may be made
at the same time with issuing the policy, or before it.

HLstory: Enacted March 21, 1872.

25 P. 260, 261 (cited). ;

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

Application as part of contract. — See Kerr's Cyc. C. C. § 2605
and note pars. 2, 3.

§ 2573. HOW INTERPRETED. The language of a repre-
sentation is to be interpreted by the same rules as the lan-
guage of contracts in general.

History: Enacted March 21, 1872.

25 P. 260, 261 (cited).

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to ownership being represented by application, see Kerr's
Cyc. C. C. § 2573, note.

1338



Tit.XI.ch.I.art.V.] REPRESENTATTON. EFFECT. §§ 2r,74-2ri77

Construction of warranty. — Sfo Kerr's Cyc. C. C. § 2604 and
note par. 2.

Uniformity of iiiti-rpr.tation. — See Kt-rr'.s Cyc. C. C. $ 1635
and note.

S2'')74. KEPKESENT.VTION AS TO FITIHE. A ippre-
sentation as to the future is to be deemed a lironiise, unless it
appears that it was merely a statement of belief or expecta-
tion.

IILstory: Enact..! Marcli 21. 1S72.

25 P. 260, 261 (cited).
. As to many miscellaneous matters as to in.surance, see notes
§S 414. 2527. ante.

Different kinds of warranties. — See Kerr's Cyc. C. C. S 2606
and note.

§2r)7.'». HOW MAY AFFECT IMU.K V. A representation
cannot be allowed to qualify an exi)r<'ss provision in a con-
tract of insurance; but it may qualify an implied warranty.

IIiH«ory: Enacted March 21, 1S72.

25 P. 260. 261 (cited).

As to many miscellaneous matters as to insur.iiice, see notes
58 414, 2527. ante.

§2r>7«. >VIIEN MAY BE \YITHnKA\YX. A representation
may bo altered or witiidrawii beiOre tin- insui'ance is effected,
but not afterwards.

IliHtoryi i:iia.t.Mi .Mardi 21. 1ST2.

25 P. 260. 261 (cited).

As to many miscellaneous matters as to insurance, see notes
H 414. 2527. ante.

§2.>7:. Tl.ME INTEMJEO HY KETHESENTA IMJN. The

completion of the contract of insurance is the time to which
a representation must be presumed to refer.

llUtoryt Enacted March 21, 1872.

(C. Dec. 13, 1890), 25 P. 260, 261 (cited). 89 C. 203. 23 A. S.
460. 26 P. 872 (on reliearingr).

Ab to many miscellaneous matters as to insurancet •©• notes
§1 414. 2527. ante.

1339



§§ 2578-2580 CIVIL CODE. [Div.III.Pt.IV.

§ 2578. REPRESENTING INFORMATION. When a person
insured has no personal knowledge of a fact, he may neverthe-
less repeat information which he has upon the subject, and
which he believes to be true, with the explanation that he
does so on the information of others, or he may submit the
information, in its whole extent, to the insurer; and in
neither case is he responsible for its truth, unless it pro-
ceeds from an agent of the insured, whose duty it is to give
the intelligence.

History: Enacted March 21, 1872.

§ 2579. FALSITY. A representation is to be deemed false
when the facts fail to correspond with its assertions or stipu-
lations.

Hi.story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for '7 pars, annotation.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

Cancellation of prior policy by anotlier company. — See Kerr's
Cyc. C. C. § 2565 and note par. 1.

Chang-es of ownership — Delivery of deed is requisite. — See
Kerr's Cyc. C. C. § 2610 and note pars. 7, 8.

Negligence of insured. — See Kerr's Cyc. C. C. § 2629 and note.

Overvaluation of property. — See Kerr's Cyc. C. C. § 2580 and
note par. 16.

Violation of material warranty. — See Kerr's Cyc. C. C. § 2610
and note.

§ 2580. EFFECT OF FALSITY. If a representation is false
in a material point, whether affirmative or promissory, the
injured party is entitled to rescind the contract from the time
when the representation becomes false.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 25 pars, annotation.

86 C. 248, 251, 21 A. S. 33, 24 P. 1018 (cited); 25 P. 260, 261
(cited); 89 C. 203, 208, 23 A. S. 460, 26 P. 872, 873 (cited).

As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.

As to rescission of contracts generally, see Kerr's Cyc. C. C.
§§ 1688-1691 and notes.

1340



1



f



Tit.XI,ch.T,art.V.] MATERTAl.TY. § 2581

Applications made out by agent. — See 82 A. D. 722-723; 9 A. S.
229-236.

Burden of proving performance of conditions. — See Kerr's
Cyc. C. C. § 2610 and note par. 6.

Construction of warranty. — See Kerr's Cyc. C. C. § 2604 and
note par. 2.

Enemies of insured — Failure to state existence of. — See Kerr's
Cyc. C. C. § 2563 and note par. 3.

Forfeiture of life insurance by false representation with
respect to previous applications for insurance. — See 55 L. 122-
139.

Fraud as ground for avoidance. — See 51 A. S. 439.

Husband and wife must join in rescission, when. — See Kerr's
Cyc. C. C. § 2586 and note par. 19.

Incendiary danger — Apprehension of. — See Kerr's Cyc. C. C.
§ 2561 and note par. 6.

Increase of hazard need not be shown. — See Kerr's Cyc. C. C.
§ 2610 and note par. 17.

Innocent misrepresentation as to health of insured wlien lie
■ has undiscovered disease. — See 53 L. 193-205.

Knowledge of violation of warranty immaterial. — See Kerr's
Cyc. C. C. § 2610 and note par. IS.

Local disease concealed. — See Kerr's Cyc. C. C. § 2562 and note
par. 2.

Materiality of misrepresentation — Instruction. — See Kerr's
Cyc. C. C. § 2581 and note pars. 3, 4.

Misrepresentations — Effect of. — See 25 A. S. 680, 681.

Negligence of insured. — See Kerr's Cyc. C. C. § 2629 and note.

Policy may provide for avoidance. — See Kerr's Cyc. C. C.
§ 2611 and note.

Renewal of forfeited policy. — See Kerr's Cyc. C. C. § 2586 and
note par. 30.

Violation of material warranty. — See Kerr's Cyc. C. C. § 2610
and note.

Waiver of violation of warranty. — See Kerr's Cyc. C. C. § 2610
and note pars. 42-48.

§25S1. :>rATEI{IAI,ITY. The materiality of a representa-
tion is determined by the same rule as the materiality (if a
concealment.

HiMtory: Enacted March 21. 1S72.

See Kerr's Cyc. C. C. for 5 pars, annotation.

As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.

Cancellation of prior policy by another company. — See Kerr's
Cyc. C. C. § 2565 and note par. 1.

Concealment — Materiality of. — See Kerr's Cyc. C. C. ! 2565
and note.

1341



§§ 2582, 2583 CIVIL CODE. [Div.III,Pt.IV.



1342



1



§2582. APPLICATIO^V OF PROVISIONS OF THIS ARTI-
CLE. The provisions of this article apply as well to a modi-
fication of a contract of insurance as to its original forma-
tion.

History: Enacted March 21, 1872. f

§ 2583. RESCISSION OF INSURANCE CONTRACT. When-
ever a right to rescind a contract of insurance is given to the
insurer by any provision of this chapter, such right may be
exercised at any time previous to the commencement of an
action on the contract.

HLstory: Enacted March 30, 1874, Code Amdts. 1873-4, p. 255.

25 P. 260, 261 (cited); 89 C. 203, 208, 23 A. S. 460, 26 P. 872,
873 (cited).

As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.

Performance excused. — See Kerr's Cyc. C. C. § 2609 and note.

Waiver of forfeiture. — See Kerr's Cyc. C. C. § 2610 and note
pars. 42-48.



i



Tit.XI,ch.I,art.VI.]



THE POLICV.



.2586



ARTICLE VI.

THE POLICY.

§ 2586. Policy, what.

§ 2587. What mu.st be specified in a policy.

§ 2588. Whose Interest is covered.

S 2589. Insurance by agent or trustee.

§ J^DO. Insurance by part owner.

§ 2591. General terms.

§ 2592. Success'ive owners.

§ 2593. Transfer of the thing- Insured.

§ 2594. Open and valued policies.

§ 2595. Open policy, what.

§ 2596. Valued policy, what.

S 2597. Running policy, what.

§ 259S. Effect of receipt.

§ 2599. Agreement not to transfer.



§258(5. IMH.ICY, WH.VT. The written instrument, in which
a contract of insurance is set forth, is called a i)olicy of
insurance.

lllMtor.v: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 33 pars, annotation.

As to agent's misstatement in application made out by him.
see Kerr's Cyc. C. C. § 2580 and note par. 2.

As to construction of warranty, see Kerr's Cyc. C. C { 2603
and note par. 4.

As to contract or policy of Insurance, see note $ 2527. ante.

As to known restrictions upon agent's authority. — See Kerr's
Cyc. C. C. § 2318 and note.

As to many misccll.iiieous matters as to Insurance, see notes,
SSI 411, 2527, ante.

Application as part of contract. — See Kerr's Cyc. C. C. I 2605
and noti- pars. 2, 3.

Assumption of policy by another company. — Sic Korr's Cyc.
C. C. i 2527 and note par. 4.

Authority of agent to cancel policy. — See Kerr's Cyr. C. C.
5 2611 and note par. 2.

Authority of ;igent to w.TJve ctmdlt ions.— See K-rrs Cyc.
C. C. i 2610 and note pars. 43, 44.

Change of benelUiary. — See Kerr's Cyc. C. C. $ 2r.3S nnd note
pars. 1, 2.

Consent of person whose life is ln.>»nred as condition of Insur-
niiie tiureon. — See 56 L. 585.

1343



§ 25«7 CIVIL CODE. [Div.III,Pt.IV.

Contract of bailment. — See Kerr's Cyc. C. C. § 2587 and note
par. 4. '

Custom and usage. — See Kerr's Cyc. C. C. § 2604 and note
par. 3.

Foreign law. — See Kerr's Cyc. C. C. § 2527 and note par. 9.

Insurance policy, construction of. — See 23 A. S. 641.

Misrepresentations of agents. — See 14 A. S. 493.

Necessary and ostensible authority of agents. — See Kerr's
Cyc. C. C. §§ 2317, 2319 and notes.

Policy may provide for avoidance.^See Kerr's Cyc. C. C. § 3^11
and note.

Power of agent to waive conditions with respect to notice,
etc. — See 31 A. S. 513, 514.

Reformation of policy. — See Kerr's Cyc. C. C. § 2580 and note
par. 22.

§2587. WHAT MUST BE SPECIFIED IN A POLICY. A

policy of insurance must specify:

1. The parties between whom the contract is made;

2. The rate of premium;

3. Tlie property or life insured;

4. The interest of the insured in property insured, if he
is not the absolute owner thereof;

5. The risks insured against; and,

6. The period during which the insurance is to continue.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 9 pars, annotation.

98 C. 1, 7, 32 P. 705, 707 (cited); 107 C. 327, 330, 48 A. S. 140,
40 P. 431, 28 L. 692 (cited); 111 C. 409, 411, 412, 413, 43 P. 1115
(construed).

As to many miscellaneous matters as to insurancfc, see notes,
§§ 414, 2527, ante.

Application as part of contract. — See Kerr's Cyc. C. C. § 2605
and note pars. 2, 3.

Construction of policy. — See Kerr's Cyc. C. C. § 2586 and note
par. 10.

Custom and usage. — See Kerr's Cyc. C. C. § 2604 and note
par. 3.

Information as to nature of interest insured. — See Kerr's Cyc.

C. C. § 2568 and note.

Misdescription of insured property, what is, and the effect of.
— See 30 A. D. 101.

Non-forfeiture clause — Right to paid-up policy. — See Kerr's
Cyc. C. C. § 450 and note.

Right of one not named in policy to sue thereon. — See 35 A.

D. 624.

1344



ri



Tit.XI.ch.I.art.VI.] INSURANCE BY AGENT. 8§ 2588-2591

§ 2588. WHOSE IM'EKEST IS COVERED. When the name
of the person intended to be insured is specified in a policy,
it can be applied only to his own proper interest.

HiHtury: Enacted March 21, 1872.

As to many miscellaneous matters as to insurance, see notes.
§§ 414, 2527, ante.

Information as to nature of interest of insured. — See Kerr's
Cyc. C. C. § 2568 and note.

Insurable Interest — What constitutes. — See Kerr's Cyc. C. C.
§ 2546 and note. *

Mortgagee .as insured. — See Kerr's Cyc. C. C. § 2541 and note



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