 | Sir Joseph Arnould, Edward Louis De Hart, Ralph Iliff Simey - 1901 - 912 pages
...avoided by the insurer as from the commencement of the risk, the premium is returnable, provided that there has been no fraud or illegality on the part of the assured ; but if the risk is not apportionable, and has once attached, the premium is not returnable. (b) Where... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers, Douglas Owen - 1901 - 216 pages
...avoided by the insurer as from the commencement of the risk, the premium is returnable, provided that there has been no fraud or illegality on the part of the assured; but if the risk is not apportionable, and has once attached, the premium is not returnable. 4 (b.)... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers, Douglas Owen - 1903 - 244 pages
...payment of con- of the premium totally fails, and there has been no fraud sideration. ... ,. , , , , . , or illegality on the part of the assured or his agents,...premium is thereupon returnable to the assured. 2 (2.) Where the consideration for the payment of the premium is apportionable and there is a total failure... | |
 | Thomas Moffitt Stevens, Herbert Jacobs - 1903 - 536 pages
...assured ; where the consideration partially fails, a proportionate part is returnable, but only if the premium is apportionable and there is a total...failure of any apportionable part of the consideration. Thus premium, or a part of it, is returnable, if the policy is void or is avoided by the underwriter... | |
 | Edward Louis De Hart, Ralph Iliff Simey - 1907 - 152 pages
...payment of the consideration, premium totally fails, and there has been no fraud or illegality (r) on the part of the assured or his agents, the premium is thereupon returnable to the assured. (p) See Arnould, § 1215; see also Duvs, Brown &• Co. v. Binning (1906), 11 Com. Gas. 190 (apportionment... | |
 | Great Britain, Sir Mackenzie Dalzell Edwin Stewart Chalmers, Douglas Owen - 1907 - 242 pages
...avoided by the insurer as from the commencement of the risk, the premium is returnable, provided that there has been no fraud or illegality on the part of the assured ; but if the risk is not apportionable, and has once attached, the premium is not returnable.4 (6.)... | |
 | Edward Louis De Hart, Ralph Iliff Simey - 1907 - 152 pages
...avoided by the insurer as from the commencement of the risk, the premium is returnable, provided that there has been no fraud or illegality on the part of the assured ; but if the risk is not apportionable, and has once attached, the premium is not returnable (f) ;... | |
 | Western Australia - 1908 - 368 pages
...avoided by the insurer as from the commencement of the risk, the premium is returnable, provided that there has been no fraud or illegality on the part of the assured; but if the risk is not apportionable, and has once attached, the premium is not returnable: (b.) Where... | |
 | Sir Joseph Arnould - 1909 - 970 pages
...returnable to the assured. (§ 1263.) 84. — (1.) Where the consideration for the payment of the Return for premium totally fails, and there has been no fraud...the premium is thereupon returnable to the assured. (§§ 537, 1248, 1253. 1256.) (2.) Where the consideration for the payment of the premium is apportionable... | |
 | George Richards - 1909 - 1002 pages
...of the property.7 § 61. Premium when Returnable. — Where the consideration for the payment of the premium totally fails, and there has been no fraud...illegality on the part of the assured or his agents, the prc1 Michael v. Prussian National F. 18 Ch. D. 1; Powles v. Innes, 11 M. & Ins. Co., 171 NY 25, 63... | |
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Where the policy is void, or is avoided by the insurer as from the commencement of the risk... 
