Fire Loss Settlements And the Conditions of Fire Insurance Policies a Hand book
Fire Loss Settlements And the Conditions of Fire Insurance Policies a Hand book
Thomas J Milnes
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Contribution. The object of Section (a) of the Condition is clear. As the Insured cannot recover, where there are several Companies interested, more from all of them than the total of his loss, so also he is not to recover from any one of the Companies, singly, more than its rateable proportion. Without such Condition the Companies would be in the position of insuring the property jointly and severally. The Insured could, in that case, claim the whole of his loss from one of the Companies, leav...ing the one thus selected to its right of recovery over against the others. The Condition avoids this circuity. The same property may be insured but not the same interest. 51 That the Policies contributing do so on the ground that they insure the same property is clear. What is equally the intent of the wording of the Condition is that they need not represent the same interest. The insurances liable to contribution may have been " effected by the Insured or any other person " according to one form of the Condition, or "effected by the Insured or any other person or persons on his behalf " according to another.
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