The Law Relating to Automobile Insurance

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Lummus v. Fireman's Fund Insurance Co. (1914) 167 N. Car. 654, 83 S. E. 688. The court said. "Nothing is better settled than 66 that the location of the property insured is essentially ma- terial in contracts of insurance and enters largely into the consideration of the company in fixing the rate of premium. The clause of the policy in this case, containing this war- ranty, expressly declares that a reduced rate of premium is granted because of the insertion of this provision in the contract. T...he contention of the plaintiff that the policy could remain dormant for six months and then be revived suddenly because the property was burned up in a repair shop is utterly untenable. " A fire insurance policy described the car insured as "usually kept in a private garage on lot. " It was, in fact, kept in a lean-to to the insured's barn, in which it was burned. It was argued that this was not a garage. The court said: "The word 'garage' was recently appropriated from the French language, there meaning keeping under cover, or a place for keeping, and, as employed in English, is accurately defined by Webster's Dictionary, substantially like that of the Cen- tury Dictionary, as 'a place where a motor vehicle is housed and cared for.

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