Page:United States Statutes at Large Volume 76A.djvu/301

–205– -205§ 3305. Interest of carrier or depositary A carrier or depositary of any Icind has an insurable interest in a thing held by him as such, to the extent of its value. § 3306. Lack of insurable interest If the insured has no insurable interest, the contract is void. § 3307. When insurable interest must exist An interest insured must exist when the insurance takes eflfect, and when the loss occurs, but need not exist in the meantime; and interest in the life or health of a person insured must exist when the insurance takes eflfect, but need not exist thereafter or when the loss occurs. § 3308. Waiver of requirement void Every stipulation in a policy of insurance for the payment of loss whether the person insured has or has not an interest in the property insured, or that the policy shall be received as proof of such interest, is void. § 3309. Efifect of transfer Except in the cases specified by sections 3310-3312 of this title, and in the cases of life and disability insurance, a change of interest in any part of a thing insured, unaccompanied by a corresponding change of interest in the insurance, suspends the insurance to an equivalent extent, until the interest in the thing and the interest in the insurance are vested in the same person. § 3310. Change of interest after loss A change of interest in a subject insured, after the occurrence of an injury which results in a loss, does not aflfect the right of the insured to indemnity for the loss. § 3311. Change of interest in separate subject A change of interest in one or more of several distinct subjects, separately insured by one policy, does not avoid the insurance as to the others. § 3312. Transfer of interest between partners In the case of partners, joint owners, or owners in common, who are jointly insured, a transfer of interest by one to another thereof does not avoid insurance, even though it has been agreed that the insurance slnill cease upon an alienation of the subject insured. § 3313. Transfer of subject matter The mere transfer of subject matter insured does not transfer the policy, but suspends it until the same person becomes the owner of both the policy and the subject matter insured. Subchapter V—Concealment and Representations Article A—Concealment § 3331. Definition of concealment Neglect to communicate that which a party knows, and ought to communicate, is concealment. § 3332. Eflfect of concealment Concealment, whether intentional or unintentional, entitles the injured party to rescind insurance. § 3333. Required disclosure Each party to a contract of insurance must communicate to the other, in good faith, all facts within his knowledge which are or which he believes to be material to the contract and as to which he makes no warranty, and which the other party has not the means of ascertaining?.

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