[1] Appeal—Action on Reinsurance Policy—Availability of Special Defense—Amendment of Complaint—Decision not Law of the Case.—In an action upon a policy of reinsurance, the decision on a former appeal that a special defense, a demurrer to which had been erroneously sustained by the trial court, was available to the defendant, is not the law of the ease, where upon the return of the case an important change in respect to the facts of the case was created by an amendment of the complaint.

[2] FntE Insurance—Reinsurance—Indorsements on Policy.—A clause in a standard form policy of fire insurance providing that liability for reinsurance shall be as specifically agreed hereon gives a controlling degree of importance to the terms of whatever indorsements are placed upon a policy of reinsurance by the immediate parties thereto, and in the ease of any inconsistency between the terms of such an indorsement and the terms of the general form, the latter in so far as they are inconsistent must' give way.

[3] Id.—Indorsement on Policy of Reinsurance—Adjustment and Settlement by Original Insurer—Liability of Reinsurer.—An indorsement on a policy of reinsurance that the policy is subject to the same risks, valuations, conditions, and adjustments as are or may be taken by the reinsured, and loss, if any, thereunder is payable pro rata with the reinsured and at the same time and place, makes a voluntary, bona fide settlement by the original insurer binding on the reinsurer, where there is no question as to the liability of the original insurer and the reinsurer upon their respective policies up to the time of the occurrence of the disaster out of which their respective liabilities are claimed to have arisen.

[4] Id.—Action on Reinsurance Policy—Bad Faith in Adjustment of Loss—Absence of Evidence—Disregard by Court.— In an action on a policy of reinsurance, the court is entitled to disregard the issue of the bad faith of the plaintiff in making its adjustment of the loss, in directing the jury to find a verdict in .plaintiff’s favor, where no evidence is presented on such issue.

[5] Id.—Rubber Stamp Reinsurance Clause—Effect of.—The rule declared by section 1651 of the Civil Code that where a contract is partly written and partly printed, or where part of it is written or printed under the special direction of the parties, \and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form, applies to a reinsurance clause stamped upon the face of the policy by a rubber stamp, and gives such clause predominance over a fallen building clause contained in the policy.

[6] Id.—Predominance of Reinsurance Clause—Effect of Clause in Policy as to Interests Other Than Insured.—A reinsurance clause stamped on a policy of reinsurance by a rubber stamp is given predominance over a fallen building clause in the policy, by a printed condition contained in the policy to the effect that as to anyone other than the insured having an interest, “the conditions hereinbefore contained” shall apply in the manner “written upon, attached or appended hereto."

[7] Id.—Action on Reinsurance Policy—Evidence—Palling of Building Before Pire—Failure to Show Relevancy.—In an action on a reinsurance policy, it cannot be claimed that error was committed in rejecting evidence to the effect that the building had fallen before the fire, where it was not made plain that the defendant was counting on such evidence, which in the state of the record was immaterial, as merely a link in the chain of evidence to show had faith on the part of the plaintiff in settling with the insured in violation of a supplemental agreement between the two insurance companies set out in the answer but not offered in evidence.