Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1907-09-03


policies written in Iowa under the
standard policy law specify the
amount of additional insurance which
the insured may carry, he will be
prohibited from carrying any adat-
tional to that In the policy first writ
ten.
This construction Of the clause IN
the standard policy over which there
has been considerable trouble, is the
view Of both the auditor of state and
the attorney general and was pro-
| mulgated on the 10th.
Thee lause in the standard form Is
as follows: at Is hereby agreed that
1 ditional insurance in companies auth
| erized to do business in the state OF
IeWa.p
Auditor Carroll after wrestling with
| the subject for some time referred 1t
10 the legal department with the fol-
/ Lowing, among other inquiries. IF q
company issues a policy without plac.
ing any amount In the blank space
following the sign should such act
4 be construed as a refusal to permit
the taking of other or additional In.
surance, or as permitting the taking
! ct an unlimited amount OF other In
. snFance?b
i Attorney General Byers answering
this inquiry directly decided that the
blank space following the dollar sign
in the clause quoted Is Intended "tb
be filed by the parties making the
contract Of insurance with their agree
ment, whatever 1t may be, as to adj
4 ditional insurance., therefore, a
policy is issued without filing in the
blank space following the s sign, no
i agreement is contained in the policy
cSVering additional Insurance, and
i leaving slsh space Hank should be
Il construed as refusal to permit the
Z taking OF other additional insurance"
q In answer to other inquiries for In
u terpretation OF the clause the attorney
4 general said:
The company can authorize the
q taking of an indefinite or, unlimited
Hlgpupt Of additional Insurance by
simply writing ID the blank following
the dollar sign the wora .Qther,s ef
the words IAN unlimited amount Of
f II Is the intention Of the par:
ties to the insurance contract to pre-
hihit the taking OF any additional in;
surance, then the blank sbeuld lbs
!, filed by writing in the word or werda
mo- or no other
Companies may waive the provi
sion Of the clause referred to limit
Ing the taking Of additional insnr
ance to companies authorized to dc
BUSINESS in the state Of Iowa." and
consenT teathe taking Of insurance in
Z unauthorized as we'll as authorized
companies. This waiver may be &C
complished by attaching to the policy
a rider containing the agreement o.
waiver and / would suggest the fol
lowing form AT the request Of tbs
II ihsnEeH the clause In this policy lin
!. iung additional lEsnfance, tp epMpaa
|. les authorized TO do business ii thi
. state Of Iowa Is hereby waived.
II HFhe entire provisions Of the clause
!. referred to eannst he waived BY Thu
q insurance company and another or dill
d fefeqt enc substituted. II, in order Il
1 fully state the contract OF the par
? ties with reference to additional la
q surance it Is necessary to add to o.
y take from the clause referred to, 1
!, AUST be done by rider.
sfhe blank following the dollar sigr
ell In the policy can only bs used 10 I'll
q In the amount OF additional insuranc,
q is authorized companies that the par
/ ties have agreed upon, or to indicat'
/ by appropriate words that no add
q tional insurance Ia to be obtained b,
the insured. II, as stated above, til
a | parties agree that additional insur
8 ance may be obtained in unauthori2
d ed companies this agreement mus
4 be in the form Of rider attached t
8 the policy"
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