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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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pars. 2, 3; 34 A. D. 691; 39 A. D. 542; 50 A. D. 593; 54 A. D. 693.

§2rtS9. nSlRAXE KY .\(JE>T (H{ TIUSTEE. When an

insurance is made by an agent or trustee, the fact that his
principal or beneficiary is the person really insured may be
indicated by describing him as agent or trustee, or by other
general words in the policy.

HlNtorj: Enacted March 21, 1872.

As to many miscellaneous matters as to Insurance, see notes,
n 414, 2527, ante.

Agents of Insurance companies. — See Kerr's Cyc. C. C. { 2586
and note pars. 1-4.

Unauthorized Insurance. — See Kerr's Cyc. C. C. S 2586 and note
pars. 32, 33.

§2'»!)0. [NSIHAX i: HV T \ l{ I OWM.K. To rohdor an
insurance, effected ity one partner or part owner, apiillcable
,to the interest of his copartners, or of other part owners. It
is necessary that the terms of the policy should be such as
are ai)i)licab!e to the joint or common interest.

iliNior>i Enacted March 21. 1872.

As to many mlscellniu'dus inalter.s a.M tn lii.«i\irniu'e. see notes.
SS 414, 2527, ante.

Transfer between cotenants, etc., who are Insured. — See Kerr'n
Cyc. C C. S 2557 and note.

§2:.»1. UENEK.\1> TEiniS. Wlien the description of the
insured in a i^oiicy la so general that it may comprehend
any |)erson or any class of persons, he only can claim the
Kerr's C. C. — 43 1345



§§ 2592-2595 CIVIL CODE. [Div.III,Pt.IV.

benefit of the policy who can show that it was intended to
include him.

History: Enacted March 21, 1S72.

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

123 C. 222, 224, 55 P. 905 (referred to).

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

As to mortgage as insured, see Kerr's Cyc. C. C. § 2541 and
note.

Change of beneficiary. — See Kerr's Cyc. C. C. § 2538 and note
pars. 1, 2.

"For whom it may concern" — Nature and effect of phrase. —
See 16 A. D. 323, 324.

Right of one not named in policy to sue thereon. — See 35 A.
D. 624.

§ 2592. SUCCESSIVE OWNERS. A policy may be so framed
that it will inure to the benefit of whomsoever, during the
continuance of the risk, may become the owner of the interest
insured.

History: Enacted March 21, 1872.

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

Change of beneficiary. — See Kerr's Cyc. C. C. § 2538 and note
pars. 1, 2.

Cognate sections. — See Kerr's Cyc. C. C. §§ 2553-2557 and notes.

§ 259.5. TRANSFER OF THE THING INSURED. The mere
transfer of a thing insured does not transfer the policy, but
suspends it until the same person becomes the owner of both
the policy and the thing insured.

History: Enacted March 21, 1872.

§2594. OPEN AND VALUED POLICIES. A policy is
either open or valued.

History: Enacted March 21, 1872.

§ 2595. OPEN POLICY, WHAT. An open policy is one in
which the value of the thing insured is not agreed upon, but
is left to be ascertained in case of loss.

History: Enacted March 21, 1872.
1346



Tit.XI,ch.I,art.VI.] valued policy. §§2596-2598

§2596. VALUED POLICY, WHAT. A valued policy is one
which expresses on its face an agreement that the thing
insured shall be valued at a specified sum.

History: Enacted March 21, 1872.

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

98 C. 1, 7, 32 P. 705, 707 (cited).

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

Overvaluation of property. — See Kerr's Cyc. C. C. § 2580 and
note pars. 16, 17; 29 A. D. 616-621.

Valuation in policy of marine insurance. — See Kerr's Cyc. C. C.
§ 2736 and note.

§2597. RUNNING POLICY, "WHAT. A running policy is
one which contemplates* successive insurances, and which '
provides that the object of the policy may be from time to
time defined, especially as to the subjects of insurance, by
additional statements or indorsements.

History: Enacted Marcli 21, 1872.

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

As to marine insurance, see Kerr's Cyc. C. C. §§ 2597, 2655-2746
and notes.

§2598. EFFECT OF RECEIPT. An acknowledgment in a
policy of the receipt of premium is conclusive evidence of its
payment, so far as to make the policy binding, notwithstand-
ing any stipulation therein that it shall not be binding until
the premium is actually paid.

History: Enacted March 21. 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

83 C. 246, 255, 259, 17 A. S. 233, 23 P. 869, 872, 873 (nppli.d);
61 P. 784, 785 (effect of provision is simply to make acknowlodg-
ment of receipt of premium conclusive so far as to make policy
binding — before code point was disputed); 132 C. 68, 70, 72, 64
P. 97 (construed).

As to effect of tender, see Kerr's Cyc. C. C. § 1485 and note.

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

Date when policy takes effect. — See Kerr's Cyc. C. C. § 2586
and note par. 13.

1347



ff



§ 2599 CIVIL CODE. [Div.III,Pt.IV.

Premium — When earned. — See Kerr's Cyc. C. C. § 2616 and
note.

Promise to pay premium at future time. — See Kerr's Cyc. C.
C. § 2586 and note par. 27.

Receipt as evidence of payment. — See Kerr's Cyc. C. C. § 1473
and note pars. 74-94.

§ 2599. AGREEMENT NOT TO TRANSFER. An agreement
made before a loss, not to transfer the claim of a person
insured against the insurer, after the loss has happened, is
void.

History: Enacted March 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.

Assignment of insurance, when valid, and what constitutes. —
See 56 A. D. 747-755.

Neg-otiability of policy. — See Kerr's Cyc. C. C. § 2542 and note.



1348



Tit.XI.ch.I.art.VII.] WARRANTY. FORM. §§2603,2604

ARTICLE VII.

WARRANTIES.

§ 2603. TA'arranty, express or implied.

§ 2604. Form. [No particular words necessary.]

§ 2605. Warranty must be in policy.

§ 2606. Past, present, and future warranties.

§ 2607. Warranty as to past or present.

§ 2608. Warranty as to the future.

§ 2609. Performance excused.

§ 2610. What acts avoid the policy.

§ 2611. Policy may provide for avoidance.

§ 2612. Breach without fraud.

§2003. WARRAMY, EXPRESS OR IMPLIED. A war-
ranty is either express or implied.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

122 C. 595, 599, 55 P. 417.

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

As to warranties, see note, § 2527, ante.

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

Conditions in fire policy as to keeping, preserving-, and pro-
ducing papers. — See 51 L. 698-715.

Exemption of insurer from liability. — See Kerrs Cyc. C. C.
§ 2610 and note par. 12.

Marine Insurance — Implied warranties. — See Kerr's Cyc. C. C.
§§ 2681-2688 and notes.

Pleading — Performance of conditions. — See Kerr's Cyc. C. C.
§ 2610 and note pars. 22-29.

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

§2604. FORM. [>(► PARTK ILAR WORDS NECESSARY.]

No particular form of words is necessary to create a war-
ranty.

IliMiory: Enacted March 21, 1S72.

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

As to construction of policy, see Kerr's Cyc. C. C. § 2586 and
note pars. 10, 11.

1349



§§ 2605-2607 CIVIL CODE. [Div.III,Pt.IV.

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.

Construction of warranty. — See Kerr's Cyc. C. C. § 2603 and
note par. 4.

Parol contract as valid. — See Kerr's Cyc. C. C. § 2586 and note
par. 24.

§ 2605. WARRANTY MUST BE IN POLICY. Every express
warranty, made at or before the execution of a policy, must
be contained in the policy itself, or in another instrument
signed by the insured and referred to in the policy, as making
a part of it.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 255.

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

25 P. 260, 261 (cited); 89 C. 203, 208, 23 A. S. 460, 26 P. 872
(cited on rehearing); 130 F. 743, 744, 65 C. C. A. 127 (cited with
§§ 2607. 2608).

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

Policy stipulating that representation is warranty. — See Kerr's
Cyc. C. C. § 2611 and note par. 14.

Representations in application.— See 29 A. R. 575-578; 33 A. R.
832-838; 59 A. R. 816-822.

Representation, what. — ^See Kerr's Cyc. C. C. § 2571 and note.

§2606. PAST, PRESENT, AND FUTURE WARRANTIES.

A warranty may relate to the past, the present, the future,
or to any or all of these.

History: Enacted March 21, 1872.

As to different kinds of warrants, see Kerr's Cyc. C. C. §§ 2606-
2608 and notes.

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

§ 2607. W ARRANTY AS TO PAST OR PRESENT. A state-
ment in a policy, of a matter relating to the person or thing
insured, or to the risk, as a fact, is an express warranty
thereof.

History: Enacted March 21, 1872.
1350



t



Tit.XI,ch.I,art.VII.] WARRANTY. §§2608.2609

See Kerr's Cyc. C. C. for 8 pars, annotation.

66 C. 361, 303. 5 P. 617, 618 (applied); 67 C. 138, 440. 7 P. 817
(applied); 88 C. 497, 504, 22 A. S. 324. 26 P. 509 (construed); 130
F. 743, 744. 65 C. C. A. 127 (cited with §§2605, 2608).

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

Agent's misstatement in application. — See Kerr's Cyc. C. C.
§ 2580 and note par. 2.

Definition of warranty. — See Kerr's Cyc. C. C. § 2603 and note
par. 5.

New deflnitifjn of warranty not created. — See Kerr's Cyc. C. C.
ji 2605 and note i)ar. 4.

§260S. WARR.\>'TY AS TO THE FUTUKE. A statement
in a policy, which imports that it is intended to do or not to
do a thing which materially affects the risk, is a warranty
that such act or omission shall take place.

HlMtory: Enacted March 21. 1872.

See l-Cerrs Cyc. C. C. for 7 pars, annotation.

137 C. 596, 597, 70 P. 660 (applied); 130 F. 743. 74 1. 65 C. C.
A. 127 (cited with §§2605, 2607).

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

Cliange of occupancy. — See Korr'.s Cyc. C. C. § 2610 and note
pars. 7, 8.

New definition of warranty nut created. — See Kerr's Cyc. C. C.
§ 2605 and note par. 4.

Violation of mat. -rial warranty. — See Kerr's Cyc. C. C. 5 2610
and note.

Watchman stipulated to bo kei)t. — See Kerr's Cyc. C. C. J 2610
and note.

§2«0J). rEIJFOK.MANCE EXCISEI). Wlion, before the
time arrives for the performance of a warranty relating; to
the future, a loss insured aprainst happens, or performance
becomes unlawful at the i)lace of the contract, or imiiosslhle,
the omission to fulfil tho warranty does not avoid the policy.

Ili.slirry: Knnctod March 21, ISTl'- nm.n.l.Mi M:ir.)i HO. ISTI.
Code Amdls. 1S73-4. pp. 255-'

As to many miscellaneous matti.r.s as to insurance, see notes.
S§ 414, 2527, aJite.

Riglit to rescind. — See Kerr's Cyc. C. C. § 2583 and note.

1.351



§ 2610 CIVIL CODE. [Div.III,Pt.IV

§ 2610. WHAT ACTS AVOID THE POLICY. The violation
of a material warranty, or other material provision of a policy,
on the part of either party thereto, entitles the other to
rescind.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 50 pars, annotation.

86 C. 348, 251, 21 A. S. 33, 24 P. 1018 (cited).

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

As to negligence of insured, see Kerr's Cyc. C. C. § 2629 and
note.

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

As to transfer of interest in partnership property, see Kerr's
Cyc. C. C. § 2557 and note par. 3.

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

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

Exclusive grounds for rescission.^ — See Kerr's Cyc. C. C. § 2580
and note par. 8.

Falsit5^ of representations. — See Kerr's Cyc. C. C. § 2575 and
note.

Foreclosure proceedings with knowledge of insured. — See
Kerr's Cyc. C. C. § 2608 and note par. 3.

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

Fraud — Breach of warranty without. ^See Kerr's Cyc. C. C.
§ 2612 and note.

Hushand 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.

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

Liens and encumbrances. — See Kerr's Cyc. C. C. § 2611 and note
par. 6.

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

Paid-up policy in lieu of original. — See Kerr's Cyc. C. C. § 2586
and note pars. 22, 23.

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

Provision in policy for avoidance. — See Kerr's Cyc. C. C. § 2611
and note.

1352



I



Tit.XI,ch.I,art.VII.] AVOIDANCE. §§2611,2612

Renewal of forfeited policy.— See Kerr's Cyc. C. G. § 2586 and

note 30.

Replication denying breach of warranty of title. — See Kerr's
Cyc. C. C. § 2546 and note par. 6.

Waiver of forfeiture. — See 53 A. S. 526.

What constitutes waiver. — See 25 A. S. 681.



§2611. POLICY MAY PROVIDE lOK AVOIDANCE. A

policy may declare that a violation of specified provisions
thereof shall avoid it, otherwise the breach of an immaterial
provision does not avoid the policy.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 20 pars, annotation.

66 C. 361, 363, 5 P. 617, 618 (applied); 67 C. 438, 441, 7 P. 81.7
(cited); 112 C. 548, 559, 44 P. 922 (cited); 122 C. 595, 599, 55 P.
417 (referred to); 143 C. 287, 291, 77 P. 63 (applied); 46 F. 355,
356 (applied).

As to many miscellaneous matters as to insurance, see notes,

§§ 414, 2527, ante.

As to waiver of forfeiture, see Kerr's Cyc. C. C. § 2610 and
note par. 42.

Foreclosure proceedings with knowledge of insured.— See
Kerr's Cvc. C. C. § 2608 and note par. 2; 84 A. S. 20.

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

Paid-up policy in lieu of original.— See Kerr's Cyc. C. C. § 2586
and note pars. 22, 23.

Renewal of forfeited policy.— See Kerr's Cyc. C. C. § 2nS6 and
note par. 30.

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

§2612. BREACH ^VITHOIT FRAUD. A breach of war-
ranty, without fraud, merely exonerates an insurer from the
time that it occurs, or where it is broken in its inception pre-
vents the policy from attaching to the risk.

HlMtory: Enacted March 21. 1S72.

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

67 C. 438, 440, 7 P. 617 (cited).

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

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

1353



§§ 2616, 2617 CIVIL CODE. [Div.III.Pt.IV.

Pleading — Performance of conditions. — See Kerr's Cyc. C. C.
§ 2610 and note pars. 22-29.

Return of premium for fraud. — See Kerr's Cyc. C. C. § 2619
and note.

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



ARTICLE VIII.

PREMIUM.

§ 2616. When premium is earned.

§ 2617. Return of premium.

§ 2618. When not allowed.

§ 2619. Return for fraud.

§ 2620. Over-insurance by several insurers.

§ 2621. Contribution.

§ 2622. Proportionate contribution.

§2616. WHEH PREMIUM IS EARNED. An insurer is
entitled to payment of the premium as soon as the thing
insured is exposed to the peril insured against.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 53 pars, annotation.

86 C. 248, 252, 21 A. S. 33, 24 P. 1018, 1019 (construed).

As to assessments, see note § 2527, ante.

As to forfeiture for non-payment of premium, see 1 L. 256;
9 L. 317.

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

As to premiums, see note § 2527, ante.

As to receipt in policy, how far conclusive of payment, see
Kerr's Cyc. C. C. § 2598.

As to waiver of conditions requiring payment before delivery
of policy, see 57 A. R. 514.

As to waiver of payment of premium, what amounts to, see
29 A. R, 777.

§ 2617. RETURN OF PREMIUM. A person insured is enti-
tled to a return of premium, as follows:

1. To the whole premium, if no part of his interest in the
thing insured be exposed to any of the perils insured against.

2. Where the insurance is made for a definite period of

1354



Tit.XI,ch.I,art.VIII.] KETURN— FRAUD. §§2618.2619

time, and the insured surrenders his policy, to such propor-
tion of the premium as corresponds with the unexpired time,
after deducting from the whole premium any claim for loss
or damage under the policy which has previously accrued.

HiMtory: Enacted March 21, 1S72; amendt'd Martli 30, 1S74,
Code Amdts. 1873-4, p. 2.5G.

See Kerr's Cyc. C. C. for 6 pars, annotation.

86 C. 248, 253, 254 (applied but erroneously cited as § 1542),
21 A. S. 33 (same error), 24 P. 1018, 1019 (same error); 150 C.
346, 354, 89 P. 93 (cited); 150 C. 510, 518, 89 P. 130 (return of
premium).

As to many miscellaneous matters as to insui'ance, see notes,
§§ 414. 2527, ante.

As to return of premium for fraud, see Kerr's Cyc. C. C. § 2619
and note.

§2618. WHEN IVOT ALLOWED. If a peril insured against
has existed, and the insurer has been liable for any period,
however short, the insured is not entitled to return of pre-
miums, so far as that particular risk is concerned.

History: Enacted Marcli 21, 1S72; amended March 30, 1874,
Code Amdts. 1873-4. p. 256.

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

86 C. 248, 253 (applied but erroneously cited as § 1543), 21 A. S.
33 (same error). 24 P. 1018. 1019 (same error).

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

§2619. KETrU> FOR FKAl'I). A person insured is enti-
tled to a return of the ])remium when the contract is voidable,
on account of the fraud or misrepresentation of the insurer,
or on account of facts, of the existence of which the insured
was ignorant without his fault; or when, by any default of
the insured other than actual fraud, the insurer never incur-
red any liability under the policy.

IliNtory: Enacted Marcli 21. 1,S72.

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

86 C. 248, 253 (applied but erroneously cited as § l.">44), 21 A. S.
33 (same error), 24 P. 1018, 1019 (same error).

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

1355



§§ 2620-2622



CIVIL CODE.



[Div.III,Pt.IV.



§ 2620. OVER-IJfSURANCE BY SEVERAL INSURERS. In

case of an over-insurance by several insurers, the insured" is
entitled to a ratable return of the premium, proportioned to
the amount by which the aggregate sum insured in all the
policies exceeds the insurable value of the thing at risk.

HLstory: Enacted March 21, 1872.

As to dnuble insurance, see Kerr's Cyc. C. C. §§ 2641, 2642 and
notes.

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

§2621. C;0?iTRIBUTION. When an over-insurance is
effected by simultaneous policies, the insurers contribute to
the premium to be returned in proportion to the amount
insured by their respective policies.

History: Enacted March 21, 1872.

As to contribution in cases of double insurance, see post § 2642.
As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.

§2622. PROPORTIOIVATE CONTRIBUTION. When an
over-insurance is effected by successive policies, those only
contribute to a return of the premium who are exonerated
by prior insurances from the liability assumed by them, and
in proportion as the sum for which the premium was paid
exceeds the amount for which, on account of prior insurance,
they could be made liable.

History: Enacted March 21, 1872.



1356



Tit.XI,ch.I,art.TX.] PERILS. §§ 2626, 2627



ARTICLE IX.

LOSS.

§ 2626. Perils, remote and proximate.

§ 2627. Loss incurred in rescue from peril.

§ 2628. Excepted perils.

§ 2629. Negligence and fraud.

§ 2626. PERILS, 1{E3I()TE AND PR(>XL>IATE. An insurer
is liable for a loss of which a peril insured against was the
proximate cause; although a peril not contemplated by the
contract may have been a remote cause of the loss; but he
is not liable for a loss of which the peril insured against was'
only a remote cause.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.
As to loss by Are, what included within, see 23 A. S. 915.
As to loss for which insurer is liable, see 36 A. S. 852.
As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.

As to negligence of insured, see Kerr's Cyc. C. C. § 2629 and

note.

As to right to proceeds, "heirs," who entitled as, see 44 A. S.

404.

As to what are "perils at sea," see Kerr's Cyc. C. C. § 2199 and

note.

As to when liability for loss is fixed, see 3 L. 523.

§2627. LOSS I.XURHED I> RESCUE FROM PERIL. An

insurer is liable where the thing insured is rescued from a
peril insured against, that would otherwise have caused a
loss, if in the course of such rescue the thing is exposed to
a peril not insured against, which permanently deprives the
insured of its possession, in whole or in part; or where a
loss is caused by efforts to rescue the thing insured from a
peril insured against.

History: Enacted March 21, 1872.
1357



§§ 2628, 2629 CIVIL. CODE. [Div.III.Pt.IV.

§2628. EXCEPTED PERILS. Where a peril is specially
excepted in a contract of insurance, a loss, which would not
have occurred but for such peril, is thereby excepted; although
the immediate cause of the loss was a peril which was not
excepted.

History: Enacted March 21, 1872.

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

As to when more than three-fourths of building left standing,
see Kerr's Cyc. C. C. § 2627, note.

§2629. NEGLIGENCE AND FEAUD. An insurer is not
liable for a loss caused by the wilful act of the insured; but
he is not exonerated by the negligence of the insured, or of
his agents or others.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 256.

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

67 C. 27, 28, 7 P. 4 (construed); 76 C. 235, 237, 18 P. 267, 268
(construed); 112 C. 548, 557 (construed), 558 559 (referred to), 44
P. 922; 25 P. 260, 261 (applied); 123 F. 820, 825 (applied — plead-
ing); 133 F. 636, 647 (construction placed on the statute by the
Supreme Court of California not sustainable).

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



1358



Tit.XI.ch.I.art.X.l NOTICE OF LOSS. §§2633,2634

ARTICLE X,

NOTICE OF LOSS.

§ 2633. Notice of lo-ss.

§ 2634. Preliminary proofs.

§ 2635. Waivers of defects in notice, etc.

§ 2636. "Waiver of delay.

§ 2637. Certificate, when dispensed with.

§ 2«33. >OTICE OF LOSS. In case of loss upon an insur-
ance against fire, an insurer is exonerated, if notice thereof
be not given to him by some jierson insured, or entitled to the
benefit of the insurance, without unnecessary delay.

HiMtory: Enacted March 21, 1872; amended March 30, 1S74,
Code Amdts. 1873-4, pp. 256-7.

See Kerr's Cyc. C. C. for 12 pars, annotation.

As to agreements to submit disputes to arbitration, sec 2 A. S.
565.

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

As to notice and proof of loss, see note § 2527, ante.

As to waiver of proofs of loss, see 1 L. 216; 7 L. 81; 8 L. 77.

As to when insurance adjustments may be opened, see 35 A. R.
775.

§2034. PKELIMINAUY PROOFS. When preliminary proof
of loss is required by a policy, the insured is not bound to
give such proof as would be necessary in a court of justice;
but it is sufficient for him to give the best evidence which he
has in his power at the time.

History: Knacttd March 21, 1872.

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

As to conclusiveness of proof of loss as against insured or
his beneficiaries, see 44 L. 846.



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