who are exonerated by prior insurances from the liability Arnould Ins., 1229; 2 Pars. Mar. Law, 191; Fisk v. Mas- ARTICLE VIII. PERILS AND THEIR CAUSES. SECTION 1135. Perils, remote and proximate. 1136. Excepted perils. 1137. Extrication from peril. 1138. Negligence and fraud. remote and § 1135. Insurers are liable for a loss of which a peril Perils, insured against was the proximate cause; although a peril proximate. not contemplated by the contract may have been a remote cause of the loss; but they are not liable for a loss of which the peril insured against was only a remote cause.* Matthews v. Howard, 11 N. Y., 1. "This is doubtless the general principle. The difficulty perils. § 1136. Where a peril is excepted in the contract, a loss, Excepted of which such peril is the remote cause, is also thereby ex Loss incur red in extri peril. cepted; although the immediate cause of such loss was a St. John v. Am. Mut. Fire Ins. Co., 11 N. Y., 516; 1 § 1137. The insurer is also liable for the loss where the cation from thing insured is extricated from a peril contemplated by the policy that would otherwise have caused a loss, but by unanticipated means is taken from and never again restored to the possession of the insured, so that to him the loss is the same as if the peril had continued to operate. Negligence and fraud. Tilton v. Hamilton Fire Ins. Co., 1 Bosw., 367. § 1138. If the peril is caused by gross negligence or fraud on the part of the insured himself, the insurers are exonerated; but they are not exonerated by his ordinary negligence, nor by fraud or any degree of negligence on the part of his agents or others. Ang. Ins., 166-180 息 Notice of loss, and proof. ARTICLE IX. NOTICE OF LOSS. SECTION 1139. Notice of loss, and preliminary proof. § 1139. In case of loss the insured or other person entipreliminary tled to the benefit of the insurance' must without any unnecessary delay' give notice thereof to the insurers. If the policy prescribes the requisites of such notice, or that it shall be accompanied with preliminary proofs, such require ments must be substantially fulfilled unless waived by the insurers. 1 Cornell v. Le Roy, 9 Wend., 163. 2 Truman v. Western Fire Ins. Co., 12 Wend., 452. 3 O'Neil v. Buffalo Fire Ins. Co., 3 N. Y., 122; Etna Fire Ins. Co. v. Tyler, 16 Wend., 385. ARTICLE X. DOUBLE INSURANCE. SECTION 1140. What it is. 1141. Contribution in case of double insurance. § 1140. A double insurance exists where the same person is insured by several insurers by separate policies or agreements, in respect to the same subject and interest. See Mut. Fire Ins. Co. v. Hone, 2 N. Y., 235. § 1141. In case of double insurance, unless the policies or agreements otherwise provides, the insured may claim payment of a loss from any one of the insurers, who on paying it may require the others to contribute thereto, ratably. Gordon v. London Assur. Co., 1 Burr., 492; Lucas v. Double insurance. Contribuof double tion in case insurance. ARTICLE XI. RE-INSURANCE. SECTION 1142. Re-insurance defined. 1143. Disclosure required. 1144. Presumed to be against liability. rance defined. § 1142. A contract of re-insurance is that by which one Re-insuwho has become an insurer upon a certain risk procures a third person to insure him against loss or liability by reason of such original insurance. required. 1143. Where an insurer obtains re-insurance, he must Disclosure communicate, not only all the representations of the original insured, but all the knowledge and information he possesses, whether previously or subsequently acquired, and which is material to the risk. 2 Duor Ins., 429. Re-insu rance presumed to be against liability. Original insured has 1144. Unless it otherwise appears by the contract a re-insurance is a contract of indemnity against liability, and not merely against damage. Ang. Ins., 138; Hastie v. De Peyster, 3 Cai., 190. § 1145. The original insured has no interest in the con no interest. tract of re-insurance. Herckenrath v. Am. Ins. Co., 3 Barb. Ch., 63; Carring ton v. Com. Fire Ins. Co., 1 Bosw., 152. ARTICLE XII. Usual kinds of insurance Other kinds VARIOUS KINDS OF INSURANCE. SECTION 1146. Usual kinds. 1147. Other kinds. § 1146. The most usual kinds of insurance are, Fire Insurance; Life and Health Insurance. They are all subject to the provisions of this chapter, except so far as the rules specially applicable to each, herein. after prescribed, otherwise provide. § 1147. Any other contingent or unknown event, which may damnify a person having an insurable interest, or create a liability against him, may be insured against, subject to the provisions of this chapter. CHAPTER I. MARINE INSURANCE. NOTE. Those rules respecting marine insurance which are but applications of the principles of international law to this subject are not embraced in these provisions, as they are not within the scope of a municipal statute. ARTICLE I. Marine insurance defined. II. Insurable interest. III. Concealment. IV. Representations. V. Implied warranties. VI. The voyage, and deviation. VII. Loss. VIII. Abandonment. IX. Measure of interest. ARTICLE I. MARINE INSURANCE DEFINED. SECTION 1148. Definition. § 1148. Marine insurance is an insurance against risks connected with navigation, to which a ship, cargo or freight, freight money, profits, or other insurable interest in. movable property, may be exposed during a certain voyage or a fixed period of time. 3 Kent, 203. The term "freight" is used here, as in the |