conditions of
the contract, a manual delivery of the policy to the insured is not
essential to render it binding on the company. If the contract has
become binding by the issuance of the policy and the placing it in the
hands of an agent for delivery, then the fact that such delivery is
not actually made to the insured until after the loss has occurred,
will not defeat recovery by the insured."
The premium usually must be paid at the time of issuing the policy,
unless a different agreement is made concerning it. Credit may be
given, and an agent generally has authority to do this. A valid
payment may also be made in other means than money; a check or note
may be given for it.
An insurance policy may be assigned, though it usually contains a
clause that the consent of the insurer is needful. When the policy
contains this clause and the insurer without valid reason refuses to
consent to an assignment, "the assignee acquires the same right as
though consent had been given."
Consent to an assignment may be given by the president of the company,
without formal vote by the directors. It may also be given by the
secretary or by any other agent duly authorized.
When can a policy be canceled? Unless this right is reserved in the
contract, or given by statute, the insurer cannot cancel the contract
without the consent of the insured. It often is reserved, and if
exercised, this must be done before a loss occurs, and a cancellation
made afterwards, though without knowledge of it, is void. The motive
for making it is not important. If, as a condition of cancellation,
the unearned portion of the premium is to be returned, the failure to
return it renders the cancellation worthless. Nor is this effective
until notice has been given to the insured.
A court of equity will reform a contract of insurance on the ground of
accident, fraud, and mistake. Oral evidence is admissible to prove the
fraud or mistake; it must, however, be clear before a court will grant
relief. If mistake is the ground for asking relief, the insured must
not have been guilty in causing it, and must act promptly after his
discovery. This rule does not prevent him from seeking relief when the
agent of the insurer has been negligent. Furthermore it may be granted
even after the happening of a loss.
Should there be a conflict between the written and printed portions of
a policy, the written portion will be presumed to represent the intent
of the parties
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