iv   PREFACE

several instances. Thus, since the fact-situations raising the sub-rogation problem are necessarily set out, in other connections, in the chapter on the rights and powers of the insured, that problem is developed there, rather than in the chapter on the rights and powers of the insurer, where the matter would logically fall.

This plan of classification places under one head such matters as waiver and estoppel, incontestability and supervening impossibility as different methods for terminating the insurer's rights and powers. It also throws into one category the question as to what kind of a death (e. g., natural, "seven years absence," suicide, air-plane, legal execution, murder by beneficiary, death in battle, etc.), what kind of accident, what kind of disability, etc., operates to mature the policy. While the organization is on a legal basis, it is believed that the plan lends itself to the functional consideration of the various types of insurance as risk-shifting devices, and to aid in such a development some material from economic sources is sifted into the cases at appropriate places.

Where a reported or cited case has been written upon in a legal periodical, the comment or note is cited with the case. Throughout the book "comment" indicates the shorter type of student contribution, and "note" indicates the longer and more exhaustive type of discussion. Restated facts or the editor's interpolations in the opinions are inclosed in brackets. Portions of many opinions and many citations found in the opinions have been omitted. Such omissions are indicated by asterisks.

The writer wishes to express his deep indebtedness to Professor William R. Vance for the very substantial aid received from long use of his Cases on Insurance, and from his valuable articles on the subject, from which extracts have been reprinted herein. Concealment, representation, warranty, waiver and estoppel reflect much of Professor Vance's research. Grateful acknowledgment is made to Professor Arthur L. Corbin for invaluable aid. The analysing and classifying of material has been greatly influenced by his outstanding contributions in the field of contracts and legal analysis. Appreciation is expressed also to Professor Edwin W. Patterson for the aid obtained from his scholarly and analytical articles on insurance. Copious extracts from his contributions are reprinted herein. Professor Patterson's influence is especially marked in the classification of the material on insurable interest in life. And finally, thanks are due to Professor Edwin H. Wood-ruff for many suggestions obtained from his valuable collection of Cases on Insurance.