A Treatise On the Law of Fire Insurance : Adapted to the Present State of the Law, English And American, With Copious Notes And Illustrations

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Co., 112 Mass. 49. The phrase " not concerned in the loss as a creditor" cannot be sup- posed to disqualify every magistrate who may chance to be a creditor, even to a small amount, of the assured ; and it is to be interpreted as requiring the certificate of a magistrate who is not concerned in the loss by reason of having an interest in the property insured, or in the policy, as security for an obligation to him. The certificate was therefore sufficient.
' Bailey v. Sope Ins. Co. , .56 Me. 474
....
2 Wright V. Atlantic Ins. Co., 36 Wis. 522.
"McMasters v. Westchester, etc., Ins. Co., 2.5 Wend. (N. Y.) 379.
^Turley v. N. American Ins. Co., ante; Germania F. Ins. Co., v. Curran,8 Kan. 9.
964 Notice and Pboofs of Loss.
that ground, within a reasonable time, the defect is waived, and cannot afterwards be set up by the insurer to defeat its liability upon the policy.^ And this is so, even though the insured is, be- fore proofs of loss are furnished, informed by the insurer that com- pliance with the requirements of the policy as to proofs of loss, to the very letter, will be insisted on.


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