The law of fire and life insurance / by George Beaumont.

  • Beaumont, George Duckett Barber.
Date:
1833
Catalogue details

Licence: Public Domain Mark

Credit: The law of fire and life insurance / by George Beaumont. Source: Wellcome Collection.

Provider: This material has been provided by Royal College of Physicians, London. The original may be consulted at Royal College of Physicians, London.

    24/126 (page 8)
    The same rule of construction which applies to all other instruments applies equally to policies of insurance, viz. that they are to be construed according to their sense and meaning as collected from the terms used in them, which terms are to be understood in their plain, ordinary and popular sense, unless by the known use of trade they have acquired a peculiar meaning, or unless the context points out that, to effect the immediate intention of the parties, they must have another special or peculiar meaning (o). A policy may be in form of a bond, or of anv other form, so that the scope and meaning is an insurance (f). But there seem to be some cases in which a washer was decided to be illegal because it had the fo7'm of Alterations of the policy after execution in immaterial points do not make a new stamp necessary. Robinson V. Touray, l JVI. & S. 215. Saxutell v, London, 1 Marsh. 99. Sanderson v. Symons, 4 J. B. Moore, 42 ; Tb. 5. Lnnghorn V. Cologan, 4 Taunt. 329. Ramstromv. Bell, 5 M. Ik S. 267. But indorsements which are the ground of action must be stamped. Rex v. Goulson, 1 Taunt 25. If it is covenanted in a mortgage-deed to insure for seven years, and the premiums paid are to be secured on the mort- gage property, this charge is considered as “ without limit,” and liable to a stamp of 25 L, and not to the less stamp due when the charge is limited and certain. Hake v. Peters, 2 B. & Adol. 807. Receipts for premium need only a stamp as to the money received for premium, not as to the sum insured, nor as to the duty on the policy. 55 Geo. 3, c. 184, Schedule “ Receipt.” (0) Rohertso7i v. French, 4 East, 135, S. C. (p) Kent V. Bird, Cowp. 583 ; 12 East, 126.