The western sentinel., 1894-08-23

|
come operative, the Ways and Means
! committee express the opinion that
it will take effect next January and
| that the tax then levied will be upon
incomes earned during the present
year This would make the opera
! tions OF the law ex post facto, in part
| at least, and we doubt that this opin-
ion will be sustained by the courts
| FIRE INSURANCE.
Valuable Hints Upon an Important
Subject.
| Judge r. w. Winston, in Biblical Recorder. ]
A large proportion of the dwellings
in North Carolina are, doubtless, in
sured against loss by fire in some fire
| insurance company. Prudent men,
nowadays, almost always carry
| some insurance.
1t will, perhaps, be within the mark
! to say, that in a fourth of the cases
in which insurance is carried. If fire
were to occur, nothing could be re-
covered under the policy. And why?
| Because some of the numerous mat
ters exist which avoid the policy.
| Now take down your fire insurance
policy, which perhaps you have never
read. and read 1t over, not emitting
the fine print. In most OF the poll
cies 1t will be seen that the following
matters, among others, are named
| in the policy as avoiding the policy
i. Any material fact in writing
not correctly represented;
Ovor uo iI1o tinn Of ho
3. Subsequent insurance without
permission;
4. If, being personality, it is re-
moved without permission;
D. If property be changed SO as to
increase risk;
6. If the property be sold;
T. If policy be assigned;
s. If title to property be changed
in anyway;
8. If assured be not sole owner of
property;
10 If interest of insured in prop
erty be not properly stated;
IL. II building he and remain un,
occupied ten days;
u. If fireworks, benzine, petrole-
um, nitro glycerine, more than TWEEN
ty-five pounds of gunpowder, or
more than five barrels OF kerosene
oil be used or kept on the premises.
Quite a long list. And, even in
case OF fire, there being nothing to
avoid the contract. the company is
not answerable, if such fire occurred
by reason of riot, Or insurrection, or
from lightning, or by reason of a
wind, Cyclone or tornado blowing
down the building
To which it should be added the
further condition that suit must be
brought within one year after the
fire, and, in case of fire, the company
has the option to replace the build
ing, or to pay three-fourths of the
face of the policy provided the prop
erty is worth the insurance; and ifl
not worth the amount of the insur-
ance, then three fourths of its cash
value.
Some of the conditions in contracts
Of Insurance our courts have held to
be void, as against public policy.
For example, No. above. If one
overvalue his property, this will not
avoid the contract, unless the over
valua tion is fraudulent and inten-
tional.
Aad SO, perhaps, No. II; the mere
having any prohibited explosives on
the premises would not avoid the
contract, unless such explosive
caused the fire. Let US illustrate by
means of a few examples
Mrs Sugg insured her dwelling,
and after that time took out other |
Insurance without notifying the first |
company. AS a matter of fact she /
did not think of it and-had no inten-
tion to injure the insurance COM
pany. But, our court said that it
was so written in the contract. So /
Mrs. Sugg received no insurance
money when the house burned. See
3 above.
So take 6, 8, 8, 10 above The
contract which one makes with an
insurance company to the effect that
property proposed to be insured,
on it, is binding on the insured, and |
an error in either of these particulars
avoids the contract.
MIR. .4Cuthbertson, in Union county,
after his building was burned, sued
the company; and, it appearing that
he ignoraHtly signed an application
for insurance In which he stated that
he owned in fee the land on which the
house stood, whereas, in truth and
and in fact, he had built the house
on land leased by himself, he did not
recover his policy.
A dwelling recently burned in
Oxford, upon which were several
all unknown to the com
pany in which insurance was taken.
The owner did not know that he had
no right to mortgage his house, afteri
taking out insurance on the same, !.
permission of the company.
Of course, he was entitled to nothing ;
after the dwelling burned; but the .
company generously compromised
with him and paid something. T,
How many men know they ought
not to suffer their insured residences
to be vacant ten days without q
permit from the company? And
get, no doubt, If fire occurred after
5he ten days and while the insured !
was still vacant, no insur-
ance could be recovered. OF course, ],
his Is on the superstition that the
policy requires that the house shalt
,e occupied. It would then be, no :
loubt, continued warranty
Such clauses are not inserted in
policies of insurance taken on barns. :
tables and other hOraps nnf. fufoudl