Page:United States Statutes at Large Volume 47 Part 1.djvu/1310

 1286 72d CONGRESS. SESS. II. CH. 128 . FEBRUARY 27, 1933 . unexpired time, after deducting from the whole premium any claim for loss or damage under the policy which has previously accrued. CROSS REFERENCE Return for fraud, see section 1220. When not allowed. SEC. 1219 . WHEN NOT ALLOWED : -If a peril insured against has existed, and the insurer has been liable for any period, however short, the insured is not entitled to return of premiums so far as that particular risk is concerned. Return for fraud. SEC. 1220. RETURN FOR FRAUD .-A person insured is entitled to a return of the premium when the contract is voidable, on account of the fraud or misrepresentation of the insurer, or on account of f acts, of the ex isten ce of whic h the insu red was ig noran t wit hout his fault ; or when, by any default of the insured other than actual' fraud, the 'insurer never incurred any liability under the policy. CROSS REFERENCE Ante, p. 1255. Return of premium, see section 1218. Overinsurance by SEC. 1221 . OVERINSURANCE BY SEVERAL INSURERS.In case of an several insurers. overinsurance by several insurers, the insured is entitled to a ratable return for the premium, proportioned to the amount by which the a ggreg ate sum in sured in all the pol icies exce eds the in surab le va lue of the thing at risk. Post, p. 1287. Contribution. Post, p .1287. Proportionate contri- bution. SEC. 1223. PROPORTIONATE CONTRIBUTION .-When a n overi nsura nce is effected by successive policies, tho se on ly contribute to a return of the pr emi um who are exonerated by pr ior insurance f rom the liability as sumed by t hem, and in pro porti on as the sum for wh ich the premium was paid exceeds the amount for which, on account of prior insurance, they could be made liable. Loss. Perils, remote and proximate. Post, p. 1287. L oss incurred rescue. CROSS REFERENCE Double insurance, defined, see section 1234. SEC. 1222 . CONTRIBUTION.-When an overinsurance is affected by simultaneous policies, the insurers contribute to the premium to be returned in proportion to the amount insured by their respective policies. CRO SS R EFERE NCE Contribution in cases of double insurance, see section 1235. LOSS SEC. 1224 . PERILS, REMOTE AND PROXIMATE :An insurer is liable for a l oss of which a peril insured against was the proximate cause,. although a peril not contemplated by the contract may have been a remote cause of the loss ; but he is not liable for a loss of which the peril insured against was on ly a remote cause. CRO SS RE FERE NCE Negligence of insured, see section 1227. in SEC. 1225 . Loss INCURRED IN RES(. FROM PERIL .-An insurer is lia ble w here the t hing insur ed is resc ued f rom a peri l ins ured aga inst, that woul d oth erwis e hav e cau sed a loss, if in the cou rse of such rescue the thing is exposed to a peril not insured against, which permanently deprives the insured of its possession, in whole or in part ; or where a loss is caused by efforts to rescue the thing insured fr om a pe ril insured against.