This section is from the book "Popular Law Library Vol9 Bills And Notes, Guaranty And Suretyship, Insurance, Bankruptcy", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
The forms of requisites for making a contract do not differ greatly from those in the case of other contracts. A contract of insurance does not come within the provisions of the Statute of Frauds. Such a contract is not included within the provisions of the statute governing agreements, "not to be performed within one year from the making thereof," because the loss may occur in less than a year.1
An oral contract of insurance is good. "Upon an oral contract of insurance, where nothing is said about conditions, if a policy is to be issued, the parties are presumed to intend that it shall contain the conditions usually inserted in policies of insurance in like cases, or as have been before used by the parties. That a particular condition is usual must be shown by the party who insists upon it, who has the affirmative." 2
Contracts of insurance, however, are almost invariably reduced to writing. Such a written contract is called an insurance policy. Such a contract merges prior or contemporaneous parol agreements relative to the transaction.
 
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