. If, therefore, the printed portion excludes certain
articles from the risk, and the written portion covers them, they are
included. Conditions also written or printed on the margin or back of
the policy are regarded as portions of it, and these too will control
the printed portions. Besides, the written application is usually
considered a part of the contract and the policy is construed or
interpreted in connection with it. This is especially so where the
proposals and conditions are attached to the policy. If the intent of
the policy is not clear from the language used, the surrounding
circumstances may be shown for the purpose of ascertaining the intent
of the parties. The known usage of trade may also be taken into
account in construing the language of a policy.
The language of the policy should be so construed as to cover the
property within the intention of the parties, and support, if
possible, the contract of indemnity. Mere clerical errors or mistakes
in describing it may be corrected even after it has been destroyed.
The location is an essential element, and the policy will not be
stretched to cover property not within the description. If a building
is described this does not include separate structures used in
connection with it, nor fixtures constituting no part of the
structure. Unless expressly excepted, however, insurance covers those
things which have been so annexed as to become a part of the realty
but none others. The term store fixtures covers fittings, fixtures,
furniture used in the course of trade, whether they are part of the
realty or not. Likewise the term "stock" used in a mercantile business
includes everything usually kept for sale, in that business, but
nothing more; while household furniture includes all articles
necessary and convenient for housekeeping. With respect to future
additions these are covered by the policy unless it is so drawn as to
show a clear intent to exclude them.
The risk usually begins with the date of the policy, unless it is
effected by a preliminary contract. In such a case the risk begins
from the date of the preliminary contract, and continues for the
period fixed in the policy, or, if none has been fixed, for a
reasonable time.
A misrepresentation voids a policy generally. It must not only be
false in fact, but the insured must have known that it was false when
making it in a substantial and material respect. The misstatement of
an agent of the insured wi
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