None
excepting in specific terms certain perils for which the in- surer shall not be held liable nnder the policy .... 277-285 excluding from liability all claims for money used by the " risk '' to repay moneys taken by the latter from the in- sured prior to tJie commencement of the insurer's liability nnder the policy or prior to a designated period before the time of giving notice to the insurer by the insured of claim thereunder 270-275 general discussion thereof 208, 209 governing the right of subrogation 294 in the nature of warranties 212, 213 interpretation of 209 limiting liability to the amount designated under the policy, 801, 802 limiting the liability of the insurer to the insured to claims for loss filed within a designated period after the death, suspension, dismissal, or retirement of the *' risk *'. 257-270 limiting the liability of the insurer to the insured with respect to suits brought for the purpose of enforcing such liability to those actions which shall be commenced within a desig- nated period after the discovery of the act of fraud upon which said action may be based 298-800 limiting the right of the insured to make and file claims under the policy to a certain designated period after the insolvency or discontinuance of business on the part of the insured 270 making the consent of the insurer to any material change in the position of the " risk " necessary to the maintenanoe of continuous liability 220, 221 making notification of the " risk's " being engaged in gam- bling or other disreputable habits or pursuits necessary to the maintenance of continuous liability under the policy. 221- 228 making the procuring by the insurer from the ^< risk " of a contract to indemnify the insurer against any loss un- der the policy a prerequisite to the creation of liability thereunder 218, 219 precedent to the creation of liability under the policy. 217 precedent to the maintaining of continuous liability under the policy 220 relative to a cumulative liability 802-806 relative to arbitration of the question of liability between the insurer and the insured 294, 295 IKDEX. 525 CONDITIONS — continued. CONSTRUCTION OF POLICY, p^ contract insurance 827-329 credit insurance 353-355 fidelity insurance 66-70 judicial insurance 402-406 title insurance 392 CONTENT, of credit insurance policies .......... 355-357 of fidelity insurance policies 59, 60 CONTINUING WARRANTIES. (See Promissory Warranties.) CONTINUITY OF INTEREST 318 CONTRACT, €ib initio void 57, 64-66 alteration of 338-340,499 ambiguous 66-70 as affected by statutory provisions 435 breach of, by insurer, return of premium 389 building 329-350 completion of 347, 348 date of contract 72 entirety of 337, 388 founded on transactions malum in se 64 fraud invalidates 119 illegality of 68,64-66 invalid 58,64-66 lex loci contractus 352, 858 modified 340 nature of 12-18 opposed to public policy 58, 65, 318, 470-472, 499 requisites of a valid contract of insurance 54 stipulations opposed to public policy 470, 471 validity of commercial insurance 327 fidelity insurance 27, 28 judicial insurance 406, 407 what papers are and what are not part of 45, 46 CONTRACT INSURANCE, attachment of liability under policies of 329 construction of policies of 327-329 definition of 326,827 discussion thereof 326, 327 discharge of liability by alteration of the contract existing between the insurer and the '< risk " 338 breach of conditions . . . 336-338 cancellation of the policy .... 335 IKDEX. 527 CONTRACT INSURANCE — can/mtt<frf. P»ge discharge of liability by concealment and breach of warranty, 335, 336 misrepresentation .... 335, 336 repayment of loss .... 342, 343 duration of liability under policies of . 329 power of insured to declare '* risk's" contract forfeited . . 452 scope of liability in 334, 335 validity thereof 327 who are beneficiaries thereof 329-333 CONTRACTORS' BOND 329-350 CONTRACTUAL RELATIONSHIP 326 CONTRIBUTION, ' right of 810,311 CORPORATE POWERS 83, 125-133 CORPORATIONS powers of 88, 125-133 power to make representations 125-138 COST BOND . 432-434, 442 COUNSEL FEES 446 COUNTER-CLAIM 313-315 COURTS, jurisdiction of federal courts 489 CREDIT INSURANCE, applications for 855-857 definition of 851 discharge of liability by breach of conditions . . . 375-381 breach of warranty .... 878-375 concealment 872, 373 misrepresentation .... 371, 372 payment of loss 881-389 rescission or cancellation . . 370, 371 discharge of liability in 370 nature of 851, 352 policies, attachment and duration of ...... 357-361 form and contents of 355-357 liability under 357-561 scope of 862-365 scope of liability in 861-870 CREDITOR, insured in credit insurance must be a 851 CULPABLE NEGLECT 105 CUMULATIVE LIABILITY 802-305 >. 528 INDEX. DAMAGES. (See Measure of Damages.) DATE, how far conclnsiye in policy 72 DATE OF CONTRACT 72 DEATH, effect of, as affecting a change in the composition of the in- sured 115 of "risk" 157-170 DEBT, meaning of 29 DEBTOR, limitation of term in credit insurance 875, 370 DEBTS, meaning of, in credit insurance 361-370 DECLARATION, of intention in fidelity insurance 133, 139-142 DEDUCTION, of salary of <' risk " remaining unpaid in settlement of loss 313, 314 DEFAULT, meaning of 29 DEFAULTS, previous 167, 168 DEFEASANCE CLAUSES, rule of construction as to 69, 208, 362 DEFENCES, insurers as against the insured 498, 499 DEFINITIONS.. (See Sbfarate Titles.) DELAY, in giving notice of loss, effect of 278-282 in making proof of loss, effect of 282-292 DELIVERY OF POLICY 473 DEMAND, necessity of showing 445, 485 DESCRIPTION, of party insured 54, 59 of** risk" 64,69 DISCHARGE OF LIABILITY, by breach of conditions 208-277 by breach of warranty 153-207 INDEX. 529 DISCHARGE OF LIABILITY -- continued. p^ by cancellation of the policy 117-119 by misrepresentation 120-142 by release thereof on the part of the insured 823-825 by release thereof running from the insured to the *^ risk " 324, 825 by rescission of the contract of fidelity insurance . . 116, 117 by settlement of loss 278-817, 842, 843 general remarks thereon 116 in contract insurance by alteration of the contract existing between the insured and the ^* risk " 888 ' breach of warranty . . . 885, 886 breach of conditions . . . 33&-888 concealment 885,836 misrepresentation .... 885,836 rescission or cancellation .... 886 in credit insurance, how accomplished 870 in title insurance, how accomplished ...... . 896-400 under administration insurance bonds 420, 421 under statutory insurance bonds 487-446 DISHONESTY, definition of 87 what constitutes 87, 88, 97, 101 DISMISSAL OF "RISK," effect of 257-270 DISREPUTABLE HABITS AND PURSUITS, notice of 221-228 DISSOLUTION, effect of, when the insured is a copartnership 58 DOCTRINE, ' of continuity of interest 818 of laches 195-201 of spontaneous disclosure 146-153 of subrogation 452-456 of waiver 209-212 of warranty stated 157-161 DURATION OF LIABILITY, under private fidelity insurance policies 75 under public fidelity insurance policies 76-79 DUTIES, of the insured to the *' risk " 449, 450 warranty as to '< risk's " 178-188 condition relative to 213-215 . 34 530 INDEX. E. EFFECT OF MISREPRESENTATION, generally in policies of insurance 123 « EMBEZZLEMENT, definition of 80-04 discussion of, as used in fidelity insurance ... 83, 93, 94, 97 EMPLOYEE. (See **Ri8k.'') EMPLOYER. (See Insured.) ENCUMBRANCES IN TITLE INSURANCE 392 EQUITIES, in favor of the " risk *' 454 EQUITY, jurisdiction of 489-495 ERRORS OF JUDGMENT, an excepted peril ^ 275 ESTOPPEL IN PAIS 75, 877-412, 478 application thereof to breach of conditions .... 210-212 as a defence 499 EVIDENCE, what admissible as against the insurer in favor of the in- sured 292 what admissible as against the '* risk*' in favor of the in- surer 481-484 EXCEPTED PERILS, in fidelity insurance 275-277 EXCEPTED RISKS AND LOSSES, in fidelity insurance 275-277 EXCISE BONDS 431, 432, 434, 435, 437-440 EXECUTION OF POLICY 63-73 EXECUTOR'S BOND. (See Administrator's Bond.) EXPENSES, right of insurer to recover expenses from *' risk " . . 486, 487 insured to recover expenses from insurer .... 427 EXPRESS CONDITIONS, classification of, in fidelity insurance 212 definition of, in fidelity insurance 208 EXTENSION OF TIME TO *'RISK," effect of 310 EXTRA-HAZARDOUS LIABILITY 163,836 EXTRA-TERRITORIAL EFFECT OF JUDGMENT . . 388, 389 INDEX. 531 FALSE REPRESENTATIONS, effect of 120-124 FEDERAL CONSTITUTION 489,490,491 FEDERAL COURTS 489 FIDELITY INSURANCE, acceptance of 63, 64 attachment of liability in ... 71-75 breach of conditions in 207-277 warranty in .... 155-207 cancellation of policy in 117-119 concealment in 143-154 conditions in 155-207 construction of policies of 66-70 definition of . 39 discharge of liability in 116-317 duration of liability in 75-79 effect of renewal provisions in 79, 80 implied conditions in 318-322 interpretation of policies of 66 loss, settlement of 278-317 misrepresentations in 120-142 notice of loss in 278-282 payment of loss in 300-315 policies, contents of 59, 60 form of 61-63 proof of loss in 282-292 renewal provisions in 78-80 representations in 120-142 requisites of a valid policy of 54, 64 rescission of contract of • 116,117 scope of 12,39 oflUbilityin 81-115 settlement of loss in 278-317 what constitutes acceptance of 63, 64 FIDUCIARY, meaning of .... 39 FIRE, an excepted peril • 276 FIRM. (See Partnership.) FLOATING POLICY 62 FOREIGN CORPORATIONS 68,59,489 532 INDEX. FORM, of fidelity inanrance policy 61, 62 of policy determined by the application and proposal therefor 61-53 FRAUD, actual 81-06 as a defence 498 constractive fraud 97-101 definition of 82 discussion oi^ as used in fidelity insurance . . . . 82, 86, 97 what constitutes 87,88 FRAUDS, statute of 27-31 GAMBLING, notice of same on the part of the *^ risk," to the insurer . 221-228 G£N£RAL GROUNDS upon which fidelity insurance policies will be cancelled • • 119 GENERAL RULES, applicable to construction of fidelity insurance policies cover- ing public officials 114, 115 determining the extent of the insurer's liability under the conditions of the policy 311, 312 GOVERNMENT CONTRACT BONDS 331-333, 342 GUARANTY, contrasted with insurance 14 definition of 13 GUARANTY INSURANCE, a contract of indemnity 16 contrasted with private suretyship 18-27 definition of 11 distinguished from fire, life, casualty, and marine insurance . 17 general purposes of 17 history of • 1-10 nature of 12-18 origin of 1-10 origin of name 16, 17 recent development of 11 scope of ... ' . • . • 11, 12 validity of 27,28 GUARDIAN'S BOND 411 INDEX. 533 I. ILLEGAL ACTS, doing of, effect on insurer's liability 58, 50, 818 ILLEGAL INSURANCE, liability must be a legal one 56-59, 64 ILLEGALITY, of policy as a defence 499 IMMEDIATE NOTICE, of loss 282 IMPLIED CONDITIONS, as to claims filed by the insured and the insurer being such as in themselves are legally enforceable in favor of the insured against the ** risk " 821 as to composition of the insured 820 discussion thereof 818-822 nature thereof 818-822 statement of 818-822 INCIDENTAL LIABILITY, arising out of statutory bonds 486, 487 INCREASE OR CHANGE OF RISK, by acts of the insured 888-843 INCUMBRANCES, in title insurance 892 INDEBTEDNESS, amount of " risk's " 165, 166 INDEMNIFICATION, necessary requisites to complete right of indemnification in favor of the insurer as against the ** risk " 472 right of 464-467 right of, how affected by stipulations in the contract of in- demnity 467-472 INDEMNIFY, promise to, how shown 484-486 INDEMNITY, condition as to procuring contract of 218, 219 contracts of 14 contrasted with those of suretyship or guaranty . 14 INFORMATION, requiring notice thereof to the insurer 221-249 INSOLVENCY, effect of, in indemnity insurance 270 meaning of, in credit insurance 861-868 534 nn)BX. m INSURABLE INTEREST, ^^ in contract insurance 333 in fidelity insurance 55-59 in judicial insurance 437-440 INSURANCE, a primary obligation 15 nature of the contract of 12-18 origin of guaranty 1-10 INSURED, acceptance of policy by 63 definition of 33,34 duties of, owing to the insurer 146-153, 288, 289 obligations of, to the '* risk " 450 who may be . 34 INSURER, under no obligation to accept either an application or pro- posal for policy 47, 49 INSURERS, defi.nition of 33 guarantors are insurers 15 indemnitors are insurers 15 obligations of, to the << risk *' 448-450 sureties are insurers 15 INTENTION, declaration of 133, 140, 142 INTEREST, insurable, in contract insurance 318 fidelity insurance 55-59 judicial insurance 333 recoverable, when 313-315 INTERPRETATION, of conditions 209 policy 66 INVESTIGATION, of claims 480 J. JUDGMENT, extraterritorial efi^ect of, in credit insurance 388, 389 probative effect of 425-427 JUDICIAL BONDS, embody a contract with the state 402 when issued for compensation constitute contracts of insur- ance , • 402 INDEX. 535 JUDICIAL INSURANCE, Puge bonds, construction of .... 402-406 classification of contracts of 401 definition of 401 nature of 402 parties to contracts of 407-410 scope of 12 validity of 406, 407 JURISDICTION, of courts 499 JURY, trial by 490,491 what are questions for the jury 870 K. KNOWLEDGE, of insured of fraudulent acts on the part of the '' risk." (See also Condonation.) 154 of insurer as to alteration of contract between the insured andthe«risk" 338-340 L. LACHES, doctrine of, stated 195^-201 effect of 146, 147 LARCENY, contrasted with theft 93 definition of 93 discussion as to what constitutes 89, 93, 94, 97 LEGISLATIVE ENACTMENTS, as to effect of misrepresentations 123, 124 LEX LOCI CONTRACTUS 352,353 LIABILITY, attachment of, under administration insurance bonds . .411, 412 contract insurance policies 329 credit insurance policies .... 357-361 fidelity insurance policies .... 71-75 statutory insurance bonds .... 431, 432 discharge of, under administration insurance bonds . . 420-427 contract insurance policies .... 335-343 credit insurance policies 370-389 fidelity insurance policies .... 116, 117 statutory insurance bonds .... 437-446 536 INDEX. LIABILITT ~ continued. F^ duration of, under administration InBurance bonds . • . 411, 412 contract insurance policies 829 credit insurance policies 857-361 fidelity insurance policies 75-80 statutory insurance bonds 431, 432 scope of, under adminiBtration insurance bonds .... 412-420 contract insurance policies 334, 335 credit insurance policies 301-370 fidelity insurance policies 81-115, 276, 277, 301- 315 statutory insurance bonds 432-437 title insurance policies ....... 892-396 LIENS, mechanics', in contract insurance 829-333 in title insurance 894-396 LIMITATION, of action, as to the right of action under the policy . . . 295-300 of liability 254-277 of right of action under a policy does not apply to actions to recover back premiums 389 LOSS, for which liability is sought to be enforced against the in- surer, must in itself constitute an enforceable liability in favor of the insured as against the risk 812, 813 notice of acts that may involve 229-249 payment of . .842,343 LOSSES, when they become payable 816, 317 MALICIOUS ATTACHMENT, liability for 486, 437 MARSHALLING CLAIMS, manner of, in contract insurance 349, 850 MATERIALITY, of representations 120-124, 133-139 MATERIAL MEN 329-383 MEASURE OF DAMAGES, in contract insurance 343-850 credit insurance 381-389 fidelity insurance 800-322 judicial insurance 424-427, 442-440 INDEX. 637 MEASURE OF DAMAGES -- continued, Fi^ in title insuranco 399, 400 under administration insnranoe bonds 424-427 statutory insurance bonds 442-446 MEASURE OF "RISK'S" liability to insurer 486, 487 MECHANICS' LIENS, liability for, in title insurance 894-396 METHOD OF CHECKING "RISK'S" ACCOUNTS, warranty as to 193-201 METHOD OF CONDUCTING BUSINESS, warranty asto. • 185-192 MINORITY OF "RISK" 38 MISAPPLICATION, meaning of 86 MISAPPROPRIATION, meaning of 86 MISCARRIAGE, meaning of 29 MISREPRESENTATIONS, as a defence .......' 498 contrasted with warranties 122-124 defined 120 general discussion thereof, fidelity insurance 120-122 in contract insurance • . • . . 835, 336 credit insurance 371, 372 relation to statutory insurance bonds ...... 437-440 title insurance 896-399 , under administration insurance bonds 423, 424 statutory insurance bonds 437-440 MORTGAGEE, as insured under title insurance policy 394-396 MUNICIPALITY, duty of, in regard to making payments to ** risk " covered by a contract insurance bond . 340, 341 MUTUAL RIGHTS AND OBLIGATIONS, as between the insurer and the " risk " 447-487 N. NAME, guaranty insurance, origin of 16, 17 NATURE OF POLICY, determined by application and proposal therefor ... 51, 53 538 INDEX. NEGLIGENCE, Pig, culpable 102-105 liability for, in fidelity insurance 101, 146 of insurer in examining abstract of title 800, 391 NON-FIDUOIARY CHARACTER of commercial insurance 326 NON-PAYMENT OF PREMIUM, as a defence 498 NOTE FOR PREMIUM, effect of giving 218 NOTICE OF ACTS, of the <* risk '< that may involve loss 229-249 NOTICE OF LOSS, failure to famish as a defence 499 in credit insurance 377, 378 in fidelity insurance 278-282 necessity of showing 478-480 0. OBLIGATIONS, mutual obligation as between insurer and ** risk ''.... 447, 487 OCCUPATION OF "RISK," warranty as to 178, 183 OFFICERS. official acts 115 public policies covering 74, 75, 76-79 ORAL AGREEMENT, to insure 28, 31 OTHER OR DOUBLE AND OVER INSURANCE, conditions relative to 306-311 P. PAROL CONTRACT, to insure, valid 28-31 PAROL TESTIMONY, to vary terms of proposals or applications ...... 50, 51 PARTICULAR REPRESENTATIONS 41-45, 133-142 PARTICULAR WARRANTIES, as to absence of default of ** risk " when in previous employ of the insured or third party 167, 168 amount of additional security required of " risk " dur- ing period of liability under policy 176, 177 INDEX. 539 PARTICULAR WARRANTIES — continued. Paga as to condition of ** risk's '' accounts at time of issuance of policy or any renewal of same 168-175 financial status of <* risk" 165,166 manner, time, method of checking ** risk's " accounts 103-201 method of conducting business of insured in so far as it may concern ** risk" 186-192 mode of supervision on part of insured of the ^* risk " 201-206 nature of ^* risk's '* duties and powers 178-183 number and duties of assistants of ^* risk '' .... 192 previous application for policy of fidelity insurance as to whether the same has been required in similar employments 166 previous personal and business history of the ''risk " 164, 165 responsibility of " risk " 18^-185 '* risk " having other business than that of his employ- ment with the insured . 206, 207 salary of ** risk " and manner of payment of same . . 178 PARTIAL LOSS 898 PARTIES, the insurer defined 88 the insured defined 88, 34 to statutory bonds 431 who may be 32 PARTNERSHIP, composition of 57, 58, 321 PAYMENT OF LOSS. (See Settlement of Loss.) PECUNIARY INTEREST. (See Insurable Interest.) PERILS, arising through actual fraud or dishonesty of the " risk " . 81-07 constructive fraud or dishonesty of the "risk" 97-101 negligence of the «< risk " 101-105 PERSONAL CONTRACT, fidelity insurance is a • 58, 320 PERSONALITY, of the '• risk " 820 PLACE OP CONTRACT 182,852,353 PLEADING, nature of, in guaranty insurance 496-499 POLICY, alteration and modification of 63 construction of 66-70 540 INDEX. FOLICY^ continued. Pag« defined 54 execution of 63 not affected by misrepresentations on the part of an officer of the insured acting in collusion with the *' risk " • . 131-133 requisites of a valid 54-65 what constitutes acceptance of 63 POWER, to issue policies 33 to make representations 125-133 POWERS OF "RISK," warranty asto 178-183 condition relative to 213-215 PRACTICE 488-495 PREMIUM, definition of 54 necessity for payment of 54 non-payment of, as a defence 498 payment of, a condition precedent 217, 218 right to recover back, in credit insurance 389 PRIMA FACIE EVIDENCE 86, 288-292 PROFITS from public funds belong to state 115 PROMISSORY representations, declaration of intention 139-142 defined 133 warranties classified 175, 176 defined 161 PROOF OF LOSS, failure to furnish as a defence 282-292, 499 necessity of showing 478-480 pro rata division of loss in credit insurance 35 rules relative thereto 292 PROPOSALS, contents of 41-43 determination of form and nature of policy requested . . 51-53 inadmissibility of parol testimony to vary 50, 51 insurer not obliged to accept 47, 48, 49 legal effect of acceptance 40 purpose of requiring 40 what constitutes acceptance of 46 when part of the policy 45 INDEX. 641 PROSECUTION OF THE « RISK," P.ge conditions relative thereto 298, 294 PROXIMATE AND REMOTE CAUSE 56,276 PUBLIC POLICY 58,65,318,470-472,499 Q. QUALIFICATION of '< risk '* as a public officer 115 QUANTUM MERUIT . . . . ' 888 B. REAL ESTATE TITLE, insurer not a surety 890 REASONABLE TIME 278,289 RECEIPT, effect of, as evidence 467-472 RECEIVER'S BOND, liability thereunder 412,4ia-416 RECEPTACLES, for saf^-keeping 219, 220 REFERENCE 489 REINSURANCE 309 RELEASE, of securities held by the insured as indemnity against loss through acts of the '* risk," effect thereof on the insurer's liability under the policy 177, 825 of the insurer's liability by the insured, effect thereof . . . 824 of the *' risk's" liability running from the insured to the '* risk," effect thereof on the insurer's liability under the policy 324, 825 RELEASE OF LIABILITY AS A DEFENCE 499 REMEDIES 489, 495 REMOVAL OF SUITS 489 RENEWAL, policies 80 provisions, effect of, as to duration of liability in fidelity insurance 79, 80 RENEWAL PROVISIONS, effect of, as to duration of liability in credit insurance 359, 868-870 REPLEVIN BONDS 442,443 542 INDEX. REPRESENTATIONS, P»«e affirmative, classified 133 classified 133 contrasted with warranties 122 power to make 125-133 promissory 133, 139-142 REQUEST FOR POLICY BY "RISK," how shown 472, 473 REQUISITES, necessary to establish complete right of indemnification in favor of the insurer as against the '' risk " 472 of fidelity insurance policy 64-66 of valid policy 54 RESCISSION, grounds for, in commercial insurance 335 fidelity insurance 116, 119 judicial insurance 421-423 RES GESTJE 486 RETIREMENT OF "RISK," effect of 257-270 RESPONSIBILITY OF "RISK," warranty as to 183-185 RETROACTIVE, effect 72 RIGHTS AND OBLIGATIONS — MUTUAL, between insurer and the '< risk " 447-487 « RISK," changes in the liability of the " risk " to the insured after a loss has occurred for which the insurer is liable under the policy 321, 322 changes in personality thereof 820 defined 35, 36, 37, 67, 58 duty to indemnify the insurer after payment of loss . . 464-467 how affected by stipulation in policy 467-472 holding position of public trust 105 not a party to the contract of insurance 407 position of, a personal trust 414 rights of, as against the insurer 448-452 who may become a 37, 38 ROBBERY, an excepted peril • 276 INDEX. 543 RULES, Page determinatiye of the extent of insurer's liability under the poUcy 311-516 for construction of policy 68-70 relative to construction of fidelity insurance policies covering public officials 114, 115 S. SALARY OF "RISK," warranty asto • 178 condition relative to 213-215 SALE, of property insured, title insurance 397, 398 SCHEDULE POLICIES 62 SCOPE OF LIABILITY, in fidelity insurance, general discussion thereof .... 81-115 under contract insurance, beneficiary policies of contract insurance 329-533 under policies of contract insurance 335 where the " risk " holds a position of public trust . • . 105-115 SET-OFF 813-815 SETTLEMENT OF LOSS, after investigation by insurer 480 in fidelity insurance 278-317 must relate to such claims as are valid and enforceable under the policy 480-484 under statutory insurance bonds 442-446 SIGNING POLICY 63 SINGLE POLICY 62 SOLVENCY OF MERCHANTS 351,352 SOURCES AND ORIGIN OF GUARANTY INSURANCE . 1-10 SPECIAL PROMISE, meaning of .... • 29 SPONTANEOUS DISCLOSURE DOCTRINE 146-163 STATE, entitled to profits on state funds 115 not affected by misrepresentations, concealment, or laches . 115 STATUTE OF FRAUDS, applicability of, to guaranty insurance 28-31 STATUTORY INSURANCE BONDS, attachment and duration of liability thereunder • . 431, 432 construction of 430, 43) 644 INDEX. STATUTORY INSURANCE BONDS— con/intierf. discharge of liability by breach of oonditionB 440-442 misrepresentation 437-440 settlement of loss 442-446 general remarks thereon 428 incidental liability thereunder 436» 437 nature of 428, 429 parties to 481 part of the judicial proceedings 402 purpose of 428, 429 scope of liability under 432-435 validity of 429, 430 STATUTORY LIMITATION OF ACTIONS 499 STORAGE OP PROPERTY, receptacles for 219, 220 STRANGERS TO CONTRACT OF INSURANCE .... 478 STRICTISSIMI JURIS RULE 19, 20 application to commercial insurance 827-329, 354 judicial insurance 402-406 has no application to fidelity insurance 18-27 has no general application to guaranty insurance ... 24, 25 SUBORDINATES, acts of " risk's " 276 SUBROGATION, effect of impairing the right of 337 impairment of right of, as a defence 499 right of, in commercial insurance 458-460 fidelity insurance 294, 456-458 guaranty insurance 452-456 judicial insurance 460-464 SUITS, conditions relative to the bringing of 295-dOO SUPERSEDEAS BOND 442 SUPERVISION OF "RISK," warranty as to 201-206 effect of 257-270 SUPPRESSIO VERI 118, 148, 144, 216 SURETIES, are favorites of the law 19, 838 common 13 SURETYSHIP, a primary obligation . . '. 15 contrasted with guaranty 13 INDEX. 545 SURETYSHIP — continued. P«g« contrasted with guaranty insurance 18-27 indemnity contracts 14 definition of 13 distinguished from guaranty insurance 55 T. TAX COLLECTOR, policy covering 100, lOS, 112, 114 TENANCY OF PRESENT OCCUPANTS^ title insurance 308, 399 THEFT, contrasted with larceny 03 definition of 03 as an excepted peril . , ^ 276 TIME AND PLACE, elemenU of 81, 182, 310-321 TITLE GUARANTY. (See Titl& Insurajcce.) TITLE INSURANCE, application for 302 conditions in 306-300 construction of policies in 392 definition of , , . . 300 discussion of 390 measure of damages in , • . 399, 400 nature of the liability in 390-392 representations in 396-399 scope of liability 392-398 warranties in 396--399 TREASURER OF BOARD OF COUNTY COMMISSIONERS, policy covering Ill TREASURER OF SCHOOL DISTRICT, policy covering 108-111 TRUSTEE'S BOND 416, 417-420 U. UBERRIMA FIDES DOCTRINE 148, 150 ULTRA VIRES ACTS 35 UNDERWRITERS. (See Insurer.) UNITED STATES, \ as a party to contract insurance 329, 333 35 V 546 INDEX. V. VALIDITY, Pj^ of commercial insurance 327 of fidelity insurance 27, 28 of judicial insurance 406, 407 VALID POLICY, essentials of. : 64, 65 VERIFICATION OF PROOFS 283, 292 VOID AND ILLEGAL INSURANCES 64-66 VOLUNTARY PAYMENTS, by the insurer 321, 480 by third person 473 VOUCHER, effect of same in evidence as against the *'risk" when showing payment of loss by the insurer to the insured, 467--472 WAGER POLICY 56 WAIVER, as a defence 499 doctrine thereof and its application to breach of condition, 209-212, 281 WAREHOUSEMEN 327 WARRANTIES, affirmative, defined 161 discussed. * 161-163 as to the absence of default of the ^' risk " when in the pre- vious employ of the insured or third parties. 167, 168 as to additional securities required of the " risk " during the period of liability under the policy 176, 177 as to the condition of the *^ risk's " accounts at the time of the issuance of the policy or of any renewal of the same, 168-175 as to the financial status of the '* risk " 165 as to the manner, time, and method of checking the " risk's *' accounts 193-201 as to the method of conducting the business of the insured in so far as it may concern the ** risk " 185-192 as to the mode of supervision on the part of the insured to the "risk" 201-206 INDEX. 547 WARRANTIES — continued. Page as to the nature of the ** risk's ** duties and powers. 178 as to the number of the assistants of the ^* risk ^. 192 as to previous applications for policies of fidelity insurance, and as to whether the same have been required in previous employments .' 166 as to the previous personal business history of the '^ risk/' 164, 165 as to responsibility of the " risk " 183-185 as to the *^ risk's" having other business than that of his employment with the insured 206, 207 as to the salary of the ** risk " and the manner of payment of the same 178 breach of, in contract insurance 335, 336 in credit insurance 373-375 in title insurance 396-399 under administration insurance bonds. 423,424 classified 124, 161 contrasted with representation 122 defined 124, 155 discussed 155, 156 doctrine of, applicable to fidelity insurance .... 