Page:United States Statutes at Large Volume 47 Part 1.djvu/1311

 72d CONGRESS. SESS. II. CH. 128. F EBRU ARY 27, 19 33. SEC. 1226. EXCEPTED PERILS .-Where a peril is specially excepted in Excepted perllg . a co ntra ct of insurance, a loss, which woul d not have occur red but for such pe ril, is ther eby exce pte d, a ltho ugh the imme dia te c ause of the loss was a peril which was not excepted. S EC. 1227 . N EGLI GEN CE AND FRAUD .-An ins ur er is not liable for a rr Neegligence loss caused by the willful act of the insured ; but he is not exonerated by the negligence of the insured, or of his agents or others. NOTICE OF _LOSS SEC. 1228. NOTICE of Loss.-In case of loss upon an insurance Notice of loss. ag ain st fire, an insurer is exonerated if notice thereof be not given to him by some person insured, or entitled to the benefit of the insurance, without unnecessary delay. SEC. 1229 . TIME FOR 'GIVING NOTICE OF ACCIDENTS, ETC .-No con- Time for giving no- ditions, stipu lations, or agree ments contained h. any application for rice' insurance in any casualty or accident insurance company, or con - tained in any policy issued by any .such company, or in any way made by any such company, limiting the time within which notice. of the accident or injury, or death, shall be given to such company to a per iod of less tha n tw enty da ys a fter the hap peni ng of the a cci- dent, or injury, or death, shall be valid. Said notice r4 ay be given to the corupan y insuring, at any time within twenty days afte r the happening of the accident, or injury, or death, and shall be valid and bi nd ing on the company ; and not ice dep osit ed in the ma ils pro perl y addressed within the time stated is sufficient, though it does not reach the ins ur er within that time. S EC. 1230 . PRELIMINARY PROOFS .-When preliminary proof 'of loss Preliminary proofs. is required by a policy, the insured is not bound to give such proof as would be necessary in a court of justice ; but it is sufficient for him to give the best evidence which he has in his power at the time . SEC. 1231. WAIVER OF DEFECTS IN NOTICE, ETC .-All defects in a waiver of defects in notice of loss, or in preliminary proof thereof, which the insured notice, etc . might remedy, and which the i nsurer omits to specify to him, with- out unnecessary delay, as grounds of objection, are waived. S EC. 1232 . WAIVER OF DELAY .-Delay in the presentation to an Waiver of delay. ins urer of noti ce or p roof of loss is wai ved, if caus ed by any act of hi s, or if he omits to make objection promptly and specifically upon that ground. SEC. 1233 . CERTIF ICATE, WHEN DIS PENSED WITH .-If a policy pews When ass . re quir es, by way of p reli mina ry proof of los s, the c ert ific ate or testimony of a person other than the insured, it is sufficient for the ins ured to use rea sona ble dili genc e to pr ocur e it, and in cas e of the refusal of such person to give it, then to furnish reasonable evidence to the insu rer tha t su ch r efus al was not indu ced by any just grounds of disbelief in the facts necessary to be certified. nOUBLs INSUR ANCE SEC. 1234. Do uBLE INSURANCE. - A double insurance exists where Double insurance, the sa me person is in sur ed by se ve ral insurers separately in respect to the same subject and interest. SEC. 1235. CON TRIB UTIO N IN CA SE OF DOUBLE IN SURA NCE .-In ca se Contribution in case of doub le f ire ins uran ce, each ins urer mu st c ontr ibut e ra tabl y toward of. the los s, w itho ut rega rd to the da tes of the seve ral poli cies. Cross REFERENCE Return of premium by successive insurers, see sections 1221 and 1223. Ank' P . 12. 1287 and