twenty days after the receipt of an affidavit that the insured is unable to furnish such amendments. There can be no abandonment to this company of any property. Apportionment of loss. This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by, and expenses of, removal from the premises endangered by fire, than the amount hereby insured bears to the entire insurance covering such property whether valid or not, or by solvent or insolvent insurers. Loss when payable. A loss hereunder shall be payable in thirty days after the amount thereof has been ascertained either by agreement or by appraisement; but if such ascertainment is not had or made within sixty days after the receipt by the company of the preliminary proof of loss, then the loss shall be payable in ninety days after such receipt. Nonwaiver by appraisal or examination. This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof, by assenting to the amount of the loss or damage or by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for. Subrogation. If this company shall claim that the fire was caused by the act or neglect of any person or corporation, this company shall, on payment of the loss be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such payment. Time for commencement of action. No suit or action on this policy for the recovery of any claim shall be sustained, until after full compliance by the insured with all of the foregoing requirements, nor unless begun within fifteen months next after the, commencement of the fire. Definitions. Wherever in this policy the word "insured" occurs, it shall be held to include the legal representatives of the insured in case of his death, and wherever the word "loss" occurs, it shall be deemed the equivalent of "loss or damage," and wherever the words "the time of loss or damage" are used they shall be deemed the equivalent of "the time of the commencement of the fire." What to be printed on outside fold of policy. § 2. There shall be printed on the outside fold of said policy in type not smaller than small pica the following words in this form: READ THIS POLICY. Ins. Co. is liable only for actual cash value. POLICY IS VOID in case of any fraud, false swearing, misrepresentation or concealment about material facts. POLICY IS VOID, unless otherwise agreed in writing, if 1st. It is assigned before loss; 2nd. Insured has or shall procure other insurance; 3rd. Any change occurs in location of property; 4th. Insured building is on ground not owned in fee simple by insured; 5th. Insured is not sole and unconditional owner. POLICY IS SUSPENDED, unless otherwise agreed in writing, if 6th. Described building becomes vacant or unoccupied for ten days; 7th. Mechanics are employed more than 15 days in repairing same; 8th. Property is or becomes encumbered by chattel mortgage; 9th. Illuminating gas or vapor is generated in or adjacent to described building; 10th. Explosives or prohibited quantities of gasoline, etc., are kept on premises. INSURANCE CEASES if described building or any material part falls except as result of fire. Policy does not cover certain enumerated personal property. NOTE particularly duty of insured in case of loss; ALSO provisions avoiding or suspending policy, including changes of ownership or possession. Special agreement regarding appraisement. § 3. By special agreement indorsed on the policy or added thereto the provisions regarding appraisement or apportionment of loss may be waived and the valuations of all or any of the insured property in case of total loss may be agreed upon in advance of loss. Policy to be plainly printed. § 4. Said standard form of policy shall be plainly printed and no portion thereof shall be in type smaller than small pica and subheads shall be in type larger than pica, and the lines of the policy shall be numbered consecutively. County fire companies excepted. § 5. This act shall not apply to any company organized under an act entitled "An act to provide for the organization and management of county fire insurance companies," approved April 1, 1897, or amendments to that act, but all other fire insurance policies on property in California shall be on said standard form, and, except as herein provided, shall not contain additions thereto. No parts of the standard form shall be omitted therefrom. What may be added to policy. § 6. The blanks in said standard form shall be appropriately filled. The company may add to the standard form any matter relating to its financial condition, directors, officers, stockholders and history, and the address of its home office and principal office in the United States; also in red ink any provisions respecting any limitation of liability of the company, its stockholders or members which it is required or permitted by the law of the state or country of its organization to insert in its policies. Clauses as to mortgagees. § 7. Clauses may be added to the standard form providing for and defining the rights, duties and obligations of mortgagees, assignees and other parties who have acquired or may acquire an interest in, right to or lien upon the insured property. Earthquake clause may be inserted, how. § 8. No clause shall be inserted or rider attached affecting the standard form liability of the insurer for loss or damage by fire occasioned either directly or indirectly by earthquake, hurricane, volcanic action or other disturbance of nature, unless the same shall be printed in red ink in type larger than small pica and at the head of the policy there shall be printed in red ink in large bold faced type the words, "This poliey contains limitations of liability not permitted in the California standard form." Other additional clauses. § 9. Clauses may be added to the standard form (a) covering property and risks not otherwise covered; (b) assuming greater liability than is otherwise imposed on the insurer; (e) granting insured permits and privileges not otherwise provided; (d) waivers of any of the matters avoiding the policy or suspending the insurance; (e) waivers of any of the requirements imposed on the insured after loss. Separate riders. § 10. Except as herein otherwise provide clauses may be attached to the standard form by separate riders in type larger than pica imposing specified duties and obligations upon the insured and limiting the liability of the insurer. Insurers other than corporations. § 11. Any insurers, other than corporations, issuing policies on property in California, shall use the standard form, changing only such words as refer to the corporation or company or to officers or agents of the corporation or company, and in regard to its organization; and such other insurers may substitute in place of such words having peculiar reference to corporations, appropriate words having similar reference to themselves. Penalty for violation of act. § 12. Any insurer, or the agent countersigning or issuing a fire insurance policy covering in whole or in part property in California vary. ing from the California standard form of policy except as herein provided is guilty of a misdemeanor but any policy so issued shall notwithstanding be binding upon the company issuing the same. § 13. This act shall take effect and be in force from and after the first day of August, 1909. ACT 1671. An act to extend the time for filing with the insurance commissioner statements of insurance business transacted during the year ending December 31, 1905, within the time prescribed by law, and to remit penalties for failing to file the same. [Approved June 14, 1906. Stats. 1906, p. 30.] ACT 1672. An act providing for the insurance companies. 631.] organization and management of mutual fire This act appears in full in Civil Code, Appendix, p. 817. ACT 1672a. An act relating to life, health, and accident insurance of livestock on TITLE 236. ACT 1673. An act fixing the rates of interest and charges on loans upon chattel mortgages on certain personal property, and prescribing penalties for the violation of the act. Approved March 20, 1905. Stats. 1905, p. 422.] Unconstitutional: In re Sohncke, 148 Cal. 262. Compare Act 758, ante. ACT 1674. To regulate the interest of money. [Stats. 1850, p. 92.] Amended 1867-68, p. 553; 1869-70, p. 669. Superseded by Civil Code, 1917-1920. Citations. Cal. 44/131, 369; 46/208; 49/402; 120/109. TITLE 237. ACT 1679. In relation to interpreters before grand jury. [Stats. 1871-72, p. 540.] ACT 1680. To authorize the appointment of an interpreter of the Italian language in cities of one hundred thousand inhabitants. [Stats. 1885, p. 108.] Amended 1895, p. 37. Codified by Amendment of Penal Code, 1905. See note to § 925, Penal Code. "Superseded as to San Francisco by c. I of art. V of the charter of that city." -Code Commissioner's Note. This act appears in full in Penal Code, Appendix, p. 807. TITLE 238. ACT 1685. INTOXICATING LIQUORS. To prohibit the collection of accounts for liquors sold at retail. [Stats. 1858, p. 193.] Superseded, although not in terms repealed, by the act of 1873-74, p. 509, to the same effect. ACT 1686. To prevent the sale of intoxicating liquors to persons addicted to the inordinate use thereof. [Stats. 1889, p. 352.] This act can be found in the Appendix to the Penal Code, p. 809. ACT 1687. Permitting voters of every township or incorporated city to vote on question of granting license to sell. [Stats. 1873-74, p. 434.] Repealed, 1875-76, p. 10. Unconstitutional: Ex parte Wall, 48 Cal. 279. ACT 1688. To prevent the sale of intoxicating liquors to minor children. [Stats. 1891, p. 91.] Probably superseded by Penal Code, § 397b, adopted 1905. ACT 1689. To prevent the selling, giving, or delivering intoxicating liquors to minor children, and to prevent minor children visiting saloons or public houses where intoxicating liquors are sold. [Stats. 1903, p. 319.] Codified by § 397b of Penal Code, 1905. See note to § 397b, Penal Code. ACT 1690. To prevent the sale of intoxicating beverages on election day. [Stats. 1873-74, p. 297.] Citations. Cal. 92/198. Codified by § 63b of Penal Code, 1905. See note to § 63b, Penal Code. ACT 1691. To prohibit the sale of intoxicating liquors in the state capitol building. [Stats. 1880, p. 80.] Codified by 172 of Penal Code, 1905. See note to § 172, Penal Code. ACT 1692. To prevent the sale of intoxicating liquors in the immediate vicinity of soldiers' home. [Stats. 1895, p. 161.] Codified by § 172 of Penal Code, 1905. See note to § 172, Penal Code. |