A Treatise On the Law of Fire Insurance: Adapted to the Present State of the Law, English And American

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A dwell- ing-house is an entire thing. It includes the building and such attachments as are usually occupied by the family for the ordinary purposes of the house. A kitchen constructed like the one proved, clearly constitutes a part of the dwelling-house. A policy of insurance upon a dwelling-house, when that is the only description of the subject of insurance, must attach to the whole, or it will not to any part of it, and consequently that there was no valid contract of insurance.* Falsa demo...nstratio non nocet. Bryce r. Lorillard Ins. Oo.
Sec. 207. If, either from the face of the instrument or from extrinsic facts, the true and the false description can be made to appear, that which is false must be rejected." Thus, a policy was issued to the plain- tiff upon a building situate "upon the corner of Charles street and West- ern avenue. A cabinetmaker's shop is in the building." The build- ing was located as stated, but there was no cabinetmaker's shop in it, and the court held that the words " a cabinetmaker's shop is in the building" might be rejected, and then the policy would attach to the building intended to be insured.' But, if the misdescription is entire, so that, after casting out all that is false, there is not enough left to clearly point out the risk,, the maxim falso demonstratio non nocet can- not be invoked and the policy is void.


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