Gifford's English Lawyer; Or, Every Man His Own Lawyer, by John Gifford. Or, Every Man His Own Lawyer, by John Gifford (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1825. Excerpt: ... These insurances, when a loss happens upon them, must be paid according to the tenor of the agreement in the full sum insured, as this sort of policy, from the nature of it, being on the life or death of man, does not admit of the distinction between total and partial losses. It became a doubt in the reign of King William, when a policy on a life was to run from the day of the date thereof till that day twelvemonth, and the person died on the day named, whether the insurer was liable. The court held that he was. The case was this: --A policy of insurance was made to insure the life of Sir Robert Howard for one year from the day of the date thereof: the policy was dated on the 3d of September, 1697. Sir Robert died on the 3d of September, 1608, about one o'clock in the morning. Lord Holt held, that from the day of the date excludes the day, but from the date includes it; so that the day of the date must be excluded here, and the underwriter is liable. '. In policies of insurance upon lives, it is usual, in order to prevent disputes, to insert ' the first and last days included." Policies on lives are equally vitiated by fraud or falsehood, as those on marine insurances; because they are equally contracts of good faith, in which the underwriter from necessity must rely upon the integrity of the insured for the statement of circumstances. Where there is an express warranty, that the person is in good health, it is sufficient that he is in a reasonable good state of health; for it can never mean, that the cestui/qui vie is perfectly free from the seeds of disorder. Nay, even if the person, whose life was insured, laboured under a particular infirmity, if it can be proved by medical men, that it did not at all, in their judgment, contribute to his death, the wa...