TABLE OF CONTENTS

INTRODUCTION

THE FUNCTION AND THEORY OF INSURANCE

PART I

PERSONAL INSURANCE (LIFE AND ACCIDENT)

CHAPTER 1

CREATION OF THE RELATION OF INSURER AND INSURED
SECTION   PAGE

1. The Application    19

2. Delivery of the Policy   20

3. Facts Dispensing with Delivery of the Policy    49

4. Facts Making Delivery Inopera.tive    68

CHAPTER 2

RIGHTS AND POWERS OF THE INSURER

1. Creation of Rights and Powers of the Insurer    80

(a) By Facts Prior to or Contemporaneous with the Agreement    80

1.  Concealment .   °   80

2. Warranties and Representations    88

3. Assent to a Future Change in Bylaws--_    114

(b) By Facts After Agreement and Before Maturity (Failure of a

Condition)    .......... 115

1.  Nonpayment of a Premium    115

2.  Nonpayment of a "Forfeiture" Note    129

3. Nonpayment of a Policy Loan    134

4. Change of Occupation   ................   134

2. Prevention and Extinguishment of the Rights and Powers of the Insurer.. 135

(a) Waiver and Estoppel   135

(1) By Conduct Before or Contemporaneous with the Issuance of

the Policy    . 135

1. As To a Present Condition    135

2. As To a Future Condition    150

(2) By Conduct after the Issuance of the Policy_    157

1. Before Failure of a Condition    157

(ii) After Failure of a Condition (With Special Attention

   to the Facts Constituting Waiver)    159

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