A Treatise On the Law of Fire And Life Insurance. With An Appendix Containing Forms, Tables, & C

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1st. The policy must be described according to its true effect ; any material variance will be fatal. It is mate- rial to state the regulations indorsed on the policy forming the conditions of the insurance, also all indorsements altering the policy after it was executed.* It is not material to state that the •parties interested were described in the policy, for though their names must be inserted according to a statute, yet that not being necessary at common law, need not be stated in pleading.... Subsequent counts may refer to the first, describ- 1 Ellis, &c. vh. sup.
2 In Boynton v. Middlesex Mutual Fire Ins. Co. 4 Met. (Mass.) R. 212, the declaration alleged that the plaintiffs, on , owned and possessed certain buildings and goods in said , and that the defendants, on that day, in consideration, &c., caused the plaintiffs to be insured against loss by fire for the term of years, and to the amount of $2,000 on said buildings, and $ 1,000 on said goods; that all said insured property, while owned and possessed by the plaintiffs, was destroyed by fire on ; that the plaintiffs, on next following, gave notice to the defendants that said property was thus destroyed, and demanded payment of the loss ; whereby the defendants, agreeably to the terms and conditions of their said policy, became and were bound to make good and indemnify the plaintiffs, &c.


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