The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24
CHAPTER 245-H. F. NO. 300.

CHAPTER 245-H. f. NO. 300.
AN ACT entitled an act to amend sec
ton % of chapter 175 of the General
Laws Of 1895, entitled an act to revise
and codify the insurance laws of the
Be it enacted by the legislature of the
State of Minnesota
Section 1. That section % Of chapter
ITO of the General Laws of the state for
the year 1895 be and the same is hereby
amended so as to read as follows:
No fire or fire and marine insurance
company shall make any conditions or
stipulations in its insurance contracts
concerning the court of jurisdiction
wherein any suit thereon may be brought,
nor shall limit the time within which
such suit may be commenced to less
than two years from the time the loss
occurred.
Any provisions, contract or stipulation
contained in any contract or policy Of in
surance issued or made by any fire insur-
ance company, association, syndicate or
corporation, inSuring any property within
this state, whereby it is provided or stip-
ulated that the assured shall take out
and maintain a larger amount Of 1nsur-
ance upon the property than the amount
expressed in such policy, or that the in
sured shall be an insurer of the property
insured to any amount or extent. and
any provision or stipulation in any such
contract or policy TO the effect that the
insured shall bear any portion of the
loss on the property insured, are hereby
declared to be null and void and the liza
Dn1IY OIL Tie COLupduyJ SylulCtlC, oiSSOC4ci-
ton or corporation issuing the policy
shall be the same as if no such agree
ment, stipulation or contract were con-
tanned in such policy; nor shall any such
insurance company insert any condition.
Stipulat ton or agreement in any policy or
insurance requiring a certificate from any
notary public, justice of the peace or 9TH
er ma giStrate or person, as to anything
whatever connected with such insurance
or loss, and any such condition or stipula-
ton shall be void. Any person, company or
association hereafter 1nsuring any build
ing or structure against loss or damage
by fire, lightning or other hazard by
renewal of a policy heretofore issued or
otherwise, shall cause such building or
or his agents, and full description
thereof to be made, and the insurable
value thereof to be fixed by the insurer
or his agent, and the amount of which
shall be stated in the policy of insurance.
In the absence of any change increasing
the risk, without the consent of the in
surer and in the absence of intentional
fraud on the part of the insured, in case
of total loss the whole amount men
toned in the policy or renewal upon
which the insurer. receives, a premium
shall be paid; and in case Of a partial
loss the full amount of the partial loss
shall be paid, and in case there are two
or more policies upon the property, each
policy shall contribute to the payment
of the whole or the partial loss in pro-
portion to the amount of insurance mem
toned in each policy, but in no case shall
the insurer be required to pay more than
the amount mentioned in the policy; pro-
vided, that, in the absence of fraud the
burden of proof to show an increase of
risk by reason Of any change in the own
ership or condition of the structure or
building upon which insurance is eff
fected. either before. or after loss arises,
shall be upon the insurer; anything in
the application or the policy of insurance
to the contrary notwithstanding; pro-
vided. however, that it shall be lawful
for such insurance companies, at the
written request of the insured only, to
issue, and it may be optional with the
assured to accept policy or contract of
insurance containing co-insurance
ton in the rate for insurance on the
property described in such policy is the
consideration named for the taking of
in writing of which fact such writing
shall be the only evidence and SO accept
ea; the sS Saiq bo hindinp on the sssI po