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The Green Bag.

mony or in conflict with a reprinted case, or the validity of the contract, Concealment, as furnishing a useful basis of comparison Representation, Warranty, Other Causes of with it. In connection with every reported Invalidity, The Peril, The Amount of Recov case, in addition to the citations, appears ь ery, Subrogation, Conditions Applicable after statement of its date and of the court which Loss, Waiver and Estoppel, Assignees and decided it. The student is also furnished Beneficiaries. It is interesting to note that with the text of such important statutes as Professor Wambaugh departs from the tra 43 Eliz. c. 12 (creating the Court of Insur ditional classification when he places Devia ance Commissioners) p. i; 14 Geo. Ill c. 48 tion, Unseaworthiness and Illegality under (the Gambling Act), p. 8; and 19 Geo. II c. the head of Other Causes of Invalidity" in 37 Sees. 1-3 (the Act forbidding marine in stead of among the warranties. It may be surances without interest) p. 6. The appendix surmised that he prefers to use the term contains forms of policies in common use in warranty" as applicable only to matter of the United States. The book is provided actual agreement between the parties and with a satisfactory index. not to those requirements of customary law Professor Wambaugh, in his preface, gives which operate independently of all agree four cautions to the student of insurance law ment. The selection of cases under "The which may be summarized here because they Amount of Recovery" is especially satislacthrow light upon the arrangement of the fory. Read in connection with the chapter work. First, he warns us that insurance is on Insurable Interest they suggest the con not a mere application of contracts and clusion that the principle of indemnity is the agency, but "a separate subject having pecu true basis of all insurance, as well in the case liar doctrines of its own." Then he reminds of insurance upon another's life, as in case us that marine, fire and life insurance are not j of fire and marine insurance. In this connec separate sciences, but are "the application of tion it may be remarked that probably the one science and that consequently it is im I most difficult and also the most interesting possible to understand one of these branches portion of the subject is that which is conwithout the other." This is important in! sidered under the heading "Insurable Inter view of the attempt so often made to deal est as Affecting the Validity of the Con with insurance law in fragments. A notable tract." Under this caption there are two sub instance of such an attempt is Biddle on In divisions, "Why an Interest Is Requisite surance, which professes to be a treatise on and "Satisfying the Requirements of an In "Non-marine Insurance." In the third place, terest." This last sub-division is again sub Professor Wambaugh observes that in insur divided to correspond with the distinctions ance cases "judges have been prone to use between marine, fire and life insurance cases. inartistic and inaccurate language" so that The selection of cases in this chapter shows the importance of ascertaining the exact close study of the authorities in all the dif facts in each reported case approaches its ferent jurisdictions. The decisions are so maximum. Finally, he calls attention to the arranged that their facts present successive fact that the solution of many questions pre variations of the fundamental problem and sented in the reported cases and in daily the student is thus furnished with material for a mental exercise which it will be neces practice may depend "not upon general prin ciples, but upon the special words of the sary for him to repeat in practice whenever policy." he has a brief to write. What clearer jus The cases from which the student is to tification can there be of this method of construct a system of insurance law are studying law than the consideration that the grouped in twelve chapters. After the intro student trained in it is doing day by day the duction, the topics group themselves in order counterpart of that which he will be called as follows: Insurable interest as affecting upon to do in his practice every time he has