Page:United States Statutes at Large Volume 76A.djvu/307

–211– -211Article C—Notice and Proofs of Loss § 3501. Notice of fire loss In case of loss upon an insurance against fire, an insurer is exonerated if notice thereof is not given to him without unnecessary delay by a person insured or a person entitled to the benefit of the insurance. § 3502. Notice of casualty loss; 20-day period Except in the case of life, marine, or tire insurance, notice of an accident, injury, or death may be given at any time within 20 days after the event, to the insurer under a policy against loss therefrom. In such a policy, a requirement of notice within a lesser period is not valid. Notice deposited in the mails properly addressed within the time stated is sufficient, though it does not reach the insurer within that time. § 3503. Preliminary proofs Wlien preliminary proof of loss is required by a policy, the insured is not boimd to give such proof as would be necessary in a court of justice. It is sufficient for him to give the best evidence which he has in his power at the time. § 3504. Waiver of defects All defects in a notice of loss, or in preliminary proof thereof, which the insured might remedy, and which the insurer omits to specify to him, without unnecessary delay, as grounds of objection, are waived. § 3505. Waiver of delay Delay in the presentation to an insurer of notice or proof of loss is waived, if caused by any act of his, or if he omits to make objection promptly and specifically upon that ground. § 3506. Proof by third party If a policy requires, by way of preliminary proof of loss, the certificate or testimony of a person other than the insured or beneficiary, there is sufficient compliance with the requirement if the insured or beneficiary: (1) uses reasonable diligence to procure the certificate or testimony; and (2) in case of refusal to give the certificate or testimony to him, furnishes reasonable evidence to the insurer that the refusal was not induced by just grounds of disbelief in the facts necessary to be certified or testified. Subchapter IX—Double Insurance § 3521. Definition of double insurance A double insurance exists where the same person is insured by several insurers separately in respect to the same subject and interest. § 3522. Contribution in case of double insurance In case of double fire insurance, each insurer shall contribute ratably toward the loss, without regard to the dates of several policies. Subchapter X—Reinsurance § 3531. Definition of reinsurance contract A contract of reinsurance is one by which an insurer procures a third person to insure him against loss or liability by reason of the insurance.

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