Page:United States Statutes at Large Volume 76A.djvu/309

–213– -213ment is not satisfied within 30 days after the date when it is rendered, the judgment creditor may proceed by a civil action against the defendant and the insurance company to reach and apply the insurance money to the satisfaction of the judgment. (b) Except as provided by this subchapter, an action brought under subsection (a) of this section is subject to the conditions of the contract or policy of insurance and to the defenses that may be pleaded by the insurer to the direct action instituted by the insured. CHAPTER 87—FIRE INSURANCE Sec.

3571. 3572. 3573. 3574. 3575. 3576. 3577. 3578. 3579.

Alteration of use or condition of insured property. Alteration without increase of risk. Acts of insured. Measure of indemnity; effect of valuation. Same; open policy. Request for examination of property; valuation. Payment of loss under valued policy. Limit of liability. Stipulations in valued policy.

§ 3571. Alteration of use or condition of insured property An insurer is entitled to rescind a contract of fire insurance if the use or condition of the subject-matter insured is altered from that to which it is limited by the policy, and the alteration is made without the consent of the insured by means within the control of the insured and increases the risk. § 3572. Alteration without increase of risk When a contract of fire insurance does not restrict the use or condition of the insured subject-matter, the contract is not aflfected by an alteration in the use or condition thereof if the alteration does not increase the risk. § 3573. Acts of insured After the execution of a contract of insurance, an act of the insured does not aflfect the contract unless the act violates the provisions of the policy, even though the act increases the risk and causes a loss. § 3574. Measure of indemnity; effect of valuation The eflfect of a valuation in a fire policy is the same as in a marine policy. § 3575. Same; open policy Under an open policy, the measure of indemnity in fire insurance is the expense to the insured of replacing the thing lost or injured in its condition at the time of the injury, the expense being computed as of the time of the commencement of the fire. § 3576. Request for examination of property; valuation Whenever the insured desires to have a valuation named in his policy insuring any building or structure against fire, he may require the building or structure to be examined by the insurer, and the value of the insured's interest therein shall be fixed at that time by the parties. The cost of the examination shall be paid by the insured. A clause shall be inserted in the policy stating substantially that the value of the insured's interest in the building or structure has been thus fixed. § 3577. Payment of loss under valued policy In the absence of any change increasing the risk without the consent of the insurer or of fraud on the part of the insured, and except as

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