ll have the same effect. Indeed, any fraud
of the insured in procuring the policy has the effect of voiding it if
the insurer chooses to do so. Of course, the wrongful facts or acts of
the insured possess a varied character. His conduct in concealing
facts that ought to have been made known to the insurer may have that
effect. Thus to conceal a fact of which the insured had knowledge, and
which, if known by the insurer the risk probably would not have been
taken, is a fraud rightly available to the insurer.

The parties to an insurance contract may agree that the questions put
by the insurer and the answers given by the insured shall become a
warranty. This, as experience has shown, is a simpler way of effecting
a policy of insurance. When this is done a misrepresentation
constitutes a breach of warranty and the contract becomes void.

The modern policy provides that it shall be void if the insured "now
has or shall hereafter make or procure any other contract of
insurance, whether valid or not, on property covered in whole or in
part by this policy." If the insured effects other insurance he must
not forget to obtain consent of the insurer, and should he forget his
good intention will not preserve his policy. Nor can the insured
protect himself by canceling the prior policy if he breaks the
condition. Nor does its expiration revive the subsequent policy. An
overstatement of existing insurance under an express warranty will
also violate the policy. While forgetfulness or good intention will
not save the insured in such cases, insurance obtained by a third
person without the knowledge of the insured on the same property will
not endanger his rights under his policy.

If a fire occurs and a loss results, this may be total or partial. In
every case of loss fire must be the proximate cause of the loss. What
loss is covered by a policy has been the subject of frequent
controversy. Damage by water used to extinguish a fire is usually
covered; also damage to or loss of goods removed to prevent their
destruction from fire in the insured or another building. Likewise
the loss caused by blowing up a building to check a fire, likewise
damage from an explosion which is the direct result of a fire, "but an
explosion due to the ignition of a match or spark of an explosive
substance, no fire resulting, is not within the terms of an ordinary
fire policy." The standard policies contain a clause relieving the
insured from liability to