HomeMy WebLinkAbout930"FARM POLICY
THE
WATERLOO MUTUAL
FIRE
Insurance Company.
No. 185047
Sarah J. Burk
Amount Insured $1600.00
Premium - - $15.90
You are requested to read the Policy to see that it is filled up according to your
intentions; if not, write to the Head Office, Waterloo, Ont.
THIS POLICY WILL EXPIRE ON THE
16th. Day of March
1900 at Twelve o’clock, noon.
"
"THIS FORM MAY BE USED FOR PURPOSES OF SALE TRANSFER.
For Value Received, ----------hereby transfer, assign and set over unto -----------------
and-----------assigns, all -----------------right, title and interest in this Policy of Insurance,
and all benefit and advantage to be derived therefrom.
WITNESS-----------hand and seal this -------------day of ---------------189
Sealed and Delivered in presence of -------------{SEAL}
The property hereby insured having been purchased by ---------------- who has paid fifty
cents transfer fee, THE WATERLOO MUTUAL FIRE INSURANCE COMPANY consent
that the interest of ------------------------------------in the within Policy may be assigned to
said purchaser, subject, nevertheless, to all the terms and conditions therein mentioned
and referred to.
DATED at -------------this-------------------day of ---------------- 189
----------------Secretary
"
"THIS FORM MAY BE USED FOR PURPOSES OF COLLATERAL SECURITY.
The property insured by this Policy having been mortgaged for $------------------- to -------
-------------------------------------------- of -------------------- the Mortgagee, I hereby request that
loss, if any, be made payable to said Mortgagee as -------- interest may appear, and I
assign said Policy to said Mortgagee, but upon payment of said Mortgage, this
assignment becomes void.
Dated at --------------- this -------------- day of--------------- 189---
At the request of assured (as above stated), and upon receiving fifty cents, transfer fee,
loss, if any, under this Policy, is hereby made payable to ------------------------ Mortgagee,
as -------- interest may appear, and consent is given to the above assignment.
-----------------Secretary.
"
"THE WATERLOO MUTUAL
FIRE
INSURANCE COMPANY.
HEAD OFFICE
WATERLOO, ONT.
ESTABLISHED 1863
ALEXANDER & CABLE, TORONTO.
Under Cap. 52 Con. Stats U.C. and special acts Cap. 55 of 31st Vict. And Cap 59 of
44 Vict. Ont. Statutes and under the General act 50 Vict. Cap. 53 Ont. Stats and revised
Stats. Ont. Cap 161
Whereas, Sarah J. Burk of the Township of Pickering in the County of Ontario in the
Province of Ontario, called the “assured” in this Policy and in the Conditions printed
hereon, has paid or by Premium Note or Undertaking secured to the said Company the
sum of $15.90 being the amount of the deposit or presented for insuring against loss or
damage by fire to the amount of $1600.00 for the term of Three years, ending at noon on
the Sixteenth day of March in the year of our Lord One Thousand Nine Hundred on
property as follows, viz. : As per form attached hereto.
ONE THOUSAND, SIX HUNDRED DOLLARS.
Loss, if any, payable to Fred J. Richardson. Situated on Lot 21, Concession 4,
Township of Pickering, County of Ontario, the above insured property being more
particularly described in the application for this Insurance made by the assured,
and being represented in said application as otherwise not insured----------$---------,
and the said property aforesaid as being held by Deed in Fee.
Now therefore this Policy Witnesseth that the said Company covenant, promise and
agree with the said assured to make good to the said assured, or his, her or their legal
representatives, two-thirds of all such loss or damage by fire (such two-thirds not
exceeding the amount insured on the property above described), as shall occur during
the continuance of this Policy. Such loss or damage to be estimated according to the
actual cash value of the said property at the time the fire shall happen.
In Witness Whereof these presents are signed by the President or Vice President and
countersigned by the Secretary, under the corporate seal of the said Company, at the
Town of Waterloo, in the County of Waterloo, and Province aforesaid, this Sixteenth day
of March in the year of our Lord One Thousand Eight Hundred and Ninety-Seven.
_____________
President
_____________
Secretary
"
"Sarah J. Burk
On the Following Property Owned by the Assured:
On a frame & roughcast 2 Stories high, size 12x26 22x32 14x20 12x14
Feet, covered with shingles and --- years old
$800.00
On Household Furniture, Linen, Beds, Bedding, China, Crockery and Glassware,
Plate and Plated Ware, Sewing machine, Pictures and Books (not more than $5
recoverable on any one Picture or Book in event of loss) all while contained in said
Dwelling $-----
On Wearing Apparel and Provisions for family use, all while contained therein $-----
On Piano ($---) on Organ, (&---_ while contained in Dwelling $----
$800.00
On Barn No.1 on Diagram, size 30x80 feet, height of posts---feet covered with shingles
& 14x20 years old
$600.00
On Farm Produce while contained therein $---
On Barn No.2 on Diagram, size x feet, height of posts --- feet covered with ----and----
years old----$---
On Farm Produce while contained therein $---
On the following Property while contained in any of the above described outbuildings:
On Vehicles, Farming Implements (excluding Threshing Machines), Tools, Utensils,
Harness and Robes, not more than one Mower and one Reaper or Binder covered
under this item and those covered are the newest and best on the farm---$----
On Live Stock, not more than $50 on any one Horse, $25 on any one Horned Cattle or
$6 on any other animal recoverable in event of loss unless specially insured--$----
$600.00
On Threshing Machine---$----
On Driving Shed 20x20 $100.00
On Pig Pen 20x30 $100.00
On $200.00
On $1600.00
The Live Stock to be insured against being killed by Lightning in the enclosed fields on
farm, but not more than two-thirds the value of any animal will be allowed, subject to
above limitation. Loss or damage by lightning will be paid whether fire ensues or not.
THRESHING MACHINE PERMIT-The use of Steam Engine of standard make for the
purpose of threshing grain in the barn or barns described above, is allowed, subject,
however, to the following conditions, by which the applicant agrees to be bound, and
failing which, this “Permit” will not apply.
CONDITIONS-1st. That the Boiler and Furnace shall be in good condition and be
furnished with all the modern appliances for safety against fire. 2nd. That, when
working, no part of the Engine shall be placed nearer than TWENTY-FIVE FEET to
any building or stack of hay or straw, or other combustible matter. 3rd. No straw or
litter shall be allowed to collect around the engine, or between it and any building, or
stack of hay or straw, or other furnace, and a barrel of water easy of access, must be
kept close to the engine. 5th. That a competent person shall be left in attendance until
all fires are extinguished, and ashes removed from the furnace must be immediately
drenched with water.
The neglect, omission, or non-fulfillment or any or either of those conditions,
will vitiate the Policy of Insurance to which this “Permit” applies.
When the Steam Engine above referred to is located at least 100 feet from stack or
building, the above conditions do not apply
Attached to and forming part of Policy No 185047 of the Waterloo Mutual Fire
Insurance Company.
"
"STATUTORY CONDITIONS
Misrepresentation or omission.
1. If any person or persons insures his or their buildings or goods, and causes the
same to be de-scribed otherwise than as they really are, to the prejudice of the
Company, or misrepresents or omits to communicate any circumstance which is
material to be made known to the Company, in order to enable it to judge of the risk it
undertakes, such insurance shall be of no force in respect to the property in regard to
which the misrepresentation or omission is made.
Policy sent to be deemed as applied for unless variance pointed out.
2. After application for insurance, it shall be deemed that any policy sent to the
assured is intended to be in accordance with the terms of the application,
unless the Company points out, in writing, the particulars wherein the policy differs
from the application.
When a change as to risk shall avoid a policy. Notice of change, etc.
3. Any change material to the risk, and within the control or knowledge of the assured,
shall avoid the policy as to the part affected thereby, unless the change is promptly
notified in writing to the Company or its local agent; and the Company when so
notified may return the premium for the unexpired period and cancel the policy,
or may demand in writing an additional premium, which the assured shall,
if he desires the continuance of the policy, forthwith pay to the Company;
and if he neglects to make such payment forthwith after receiving such demand,
the policy shall be no longer in force.
Change of Property
4. If the property insured is assigned without a written permission endorsed hereon
by an agent of the Company duly authorized for such purpose, the policy shall thereby
become void ; but this condition does not apply to change of title by succession,
or by the operation of the law, or by reason of death.
Partial damage—salvage.
5. Where property insured is only partially damaged, no abandonment of the same
will be allowed unless by the consent of the Company or its agent; and in case of the
removal of property to escape conflagration, the Company will contribute to the loss
and expenses attending such act of salvage proportionately to the respective interest
of the Company or Companies and the assured.
Money, securities. etc.
6. Money, books of account, securities for money, and evidences of debt or title are
not insured.
Plate, paintings, clocks, etc.
7. Plate, plate glass, plated ware, jewelry, medals, paintings, sculptures, curiosities,
scientific, and musical instruments, bullion, works of art, articles of vertu, frescoes,
clocks, watches, trinkets, and mirrors, are not insured unless mentioned in the policy.
Prior, or subsequent Insurance.
8. The Company is not liable for loss if there is any prior insurance in any other
Company, unless the Company's assent thereto appears herein or is endorsed
hereon, nor if any subsequent insurance is effected in any other Company, unless and
until the Company assents thereto, or unless the Company does not dissent in writing
within two weeks after receiving written notice of the intention or desire to effect the
subsequent insurance, or does not dissent in writing after that time, and before the
subsequent or further insurance is effected.
Case of assent to other Insurance.
9. In the event of any other insurance on the property herein described having been
assented to as aforesaid, then this Company shall, if such other insurance remains in
force, on the happening of any loss or damage, only be liable for the payment of a
ratable proportion of such loss or damage without reference to the dates of the
different policies.
Liability In case of non-ownership.
10. The company is not liable for the losses following, that is to say:
(a) For loss of property owned by any other party than the assured, unless the interest
of the assured is stated in or upon the policy.
Riot, invasion, etc.
(b) For loss caused by invasion, insurrection, riot, civil commotion, military or usurped
power ;
Chimneys, ashes, stoves.
(c), Where the insurance is upon buildings or their contents—for loss caused by the
want of good and substantial brick or stone chimneys; or by ashes or embers being
deposited, with the knowledge and consent of the assured, in wooden vessels; or
by stoves or stove pipes being, to the knowledge of the assured, in an unsafe
condition, or improperly secured;
Goods to which fire heat is being applied.
(d) For loss or damage to goods destroyed or damaged while undergoing any
process in or by which the application of fire heat is necessary,
Repairs by carpenters, etc.
(e) For loss or damage occurring to buildings or their contents while the buildings
are being repaired by carpenters, joiners, plasterers, or other workmen, and in
consequence thereof, unless permission to execute such repairs has been previously
granted in writing, signed by a duly authorized agent of the Company. But in dwelling
houses fifteen days are allowed in each year for incidental repairs, without such
permission;
Gunpowder, coal oil, etc
(f) For loss or damage occurring while petroleum, rock, earth, or coal oil,
camphene, gasolene, burning fluid, benzine, naphtha, or any liquid products
thereof, or any of their constituent parts (refined coal oil for lighting purposes only,
not exceeding five gallons in quantity, or lubricating oil, not being crude petroleum,
nor oil of less specific gravity than required by law for illuminating purposes,
not exceeding nve gallons in quantity excepted), or more than twenty-five pounds
weight of gunpowder is or are stored or kept in the building insured, or containing
the property insured, unless permission is given in writing by the Company.
Explosion. Lightning.
11. The Company will make good loss caused by the explosion of coal gas in a
building not forming part of gas works, and loss by fire caused by any other explosion,
or by lightning.
Proof of loss when payable to other than assured.
12. Proof of loss must be made by the assured, although the loss be payable to a third
party.
Directions to be observed on making claim
13. Any person entitled to make a claim under this policy is to observe the following
directions
(a) He is forthwith after loss to give notice in writing to the Company;
(b) He is to deliver as soon afterwards as practicable, as particular an account of the
loss as the nature of the case permits
(c) He is also to furnish therewith a statutory declaration, declaring,
(1) That the said account is just and true:
(2) When and how the fire originated, so far as the declarant knows or believes;
(3) That the fire was not caused through his wilful act or neglect, procurement, means,
or contrivance;
(4) The amount of other insurances;
(5) All liens and encumbrances on the subject of insurance;
(6) The place where the property insured, if movable, was deposited at the time of the
fire.
(d) He is in support of his claims, if required and if practicable, to produce books of
account, warehouse receipts and stock lists, and furnish invoices and other vouchers;
to furnish copies of the written portion of all policies; to separate as far as reasonably
may be the damaged from the undamaged goods, and to exhibit for examination all
that remains of the property which was covered by the policy.
(e) He is to produce, if required, a certificate under the hand of a magistrate, notary
public, commissioner for taking affidavits, or municipal clerk, residing in the vicinity in
which the fire happened, and not concerned in the loss or related to the assured or
sufferers, stating that he has examined the circumstances attending the fire, loss or
damage alleged, that he is acquainted with the character and circumstances of the
assured or claimant, and that he verily believes that the assured has by misfortune and
without fraud or evil practice sustained loss and damage on the subject assured to the
amount certified.
Proof of lass may be made by agent.
14. The above proofs of loss may be made by the agent of the assured, in case of the
absence or inability of the assured himself to make the same, such absence or
inability being satisfactorily accounted for.
False statement or fraud vitiates claim
15. Any fraud or false statement in a statutory declaration in relation to any of the
above particulars, shall vitiate the claim.
Arbitration in case of differences
16. If any difference arises as to the value of the property insured, of the property
saved, or amount of the loss, such value and amount and the proportion thereof (if any)
to be paid by the Company, shall, whether the right to recover on the policy is disputed
or not, and independently of all other questions, be submitted to the arbitration of
some person to be chosen by both parties, or if they cannot agree on one person,
then to two persons, one to be chosen by the party assured and the other by the
Company, and a third to be appointed by the persons so chosen, or on their failing
to agree, then by the County Judge of the County wherein the loss has happened;
and such reference shall be subject to the provisions of the laws applicable to
references in actions; and the award shall, if the Company is in other respects liable,
be conclusive as to the amount of the loss, and proportion to be paid by the Company:
where the full amount of the claim is awarded the costs shall follow the event, and in
other cases, all Questions of costs shall be in the discretion of the arbitrators.
Loss when payable.
17. The loss shall not be payable until sixty days after completion of the proofs of loss,
unless otherwise provided for by the contract of insurance.
Company may replace, instead of paying.
18. The Company, instead of making payment, may repair, rebuild or replace,
within a reasonable time, the property damaged or lost, giving notice of their intention
within fifteen days after receipt of the proofs herein required.
Insurance terminable on notice.
19. The insurance may be terminated by the Company by giving notice to that effect,
and, if on the cash plan, by tendering therewith a ratable proportion of the premium for
the unexpired term, calculated from the termination of the notice: in the case of
personal service of the notice, five days' notice, excluding Sunday, shall be given.
Notice may be given by any Company having an agency in Ontario by registered
letter addressed to the assured at his last post office address notified to the Company,
and where no address notified, then to the post office of the agency from which
application was received, and where such notice is by letter, then seven days from the
arrival at any post office in Ontario shall be deemed good notice. And the policy shall
cease after such tender and notice aforesaid, and the expiration of the five or seven
days as the case may be.
(a) The insurance, if for cash, may also be terminated by the assured by giving written
notice to that effect to the Company or its authorized agent, in which case the
Company may retain the customary short rate for the time the insurance has been in
force, and shall repay to the assured the balance of the premium paid.
Waiver of condition
20. No condition of the policy, either in whole or in part, shall be deemed to have
been waived by the Company, unless the waiver is clearly expressed in writing,
signed by an agent of the Company.
Officers assuming to agree in writing to be deemed agents.
21. Any officer or agent of the Company, who assumes on behalf of the Company to
enter into any written agreement relating to any matter connected with the insurance,
shall be deemed prima facie to be the agent of the Company for the purpose.
Actions to be brought within one year.
22. Every action or proceeding against the Company for the recovery of any claim
under or by virtue of this policy shall be absolutely barred, unless commenced within
the term of one year next after the loss or damage occurs.
What constitutes written notice.
23. Any written notice to a Company for any purpose of the statutory conditions,
where the mode thereof is not expressly provided, may be by letter delivered at the
head office of the Company in Ontario, or by registered post letter addressed to the
Company, its manager or agent, at such head office, or by such written notice given in
any other manner to an authorized agent of the Company.
VARIATIONS IN CONDITIONS.
This Policy is issued on the above Statutory Conditions, with the following Variations
and Additions;
24. The above Statutory Condition, No. 1, is varied by adding thereto, at the end
thereof, the following words: "" And the omission to communicate, or the understating
of the amount of any mortgage, execution, or other incumbrances upon insured
property, or an erroneous statement as to the title of the insured to the insured
property, shall be deemed to be a misrepresentation, or omission to communicate a
circumstance which s material to be made known to the Company within the meaning
of this condition.""
25. The above Statutory Condition, No. 3, is varied so far as it is inconsistent with
this condition :—If the premises insured, or part thereof, become untenanted or
vacant, and so remain for more than fifteen days, and the fact be not respectively
made known to the Secretary of the Company in writing, and his consent obtained
thereto, the insured shall not be entitled to any benefit under this Policy, and in every
such case this Policy shall be void.
26. The Statutory Condition, No. 9, is enlarged by adding thereto the following
condition after the word ""policies"" : —"" And in case such other Policy or Policies,
or any of them, are specific, then this Policy, if general, shall be treated as a specific
Policy on each property hereby insured for such sum or sums as a shall bear the
same proportion to the total sum hereby insured as the specific sum or sums insured
upon such property by such other Policy or Policies bears to the total amount of such
other Policy or Policies.""
27. The above Statutory Condition, No. 16, is varied in this respect, that whenever
the right to recover on the Policy shall be disputed, it shall not be incumbent upon the
Company to submit to _____ any question as to the value of the property insured,
property saved, or amount of the loss and proportion to be paid by the Company,
or any other question whatsoever ; but all such questions may, at the option of the
Company be decided in the action or suit to be | brought to determine the Company's
liability.
28. Any assignment of any interest of the assured in the Policy will make the Policy
void, unless the consent of the Directors to the same has been signified by the
Secretary, or other Agent of the Company, by endorsement hereon, and the sum of
fifty cents has been paid to the Company.
29. In case of fire, or loss or damage thereby, or exposure to loss or damage
thereby, it shall be the duty of the assured to use his, her or their best endeavors to
preserve the property, and to extinguish the fire if possible; and the Company shall not
be liable for loss caused by neglect to use all ordinary means to save and preserve the
property from damage before, at and after the fire.
30. The assured shall not be entitled to recover from this Company, and other
Companies having insurances upon the same property, more than two-thirds of the
actual value of such property.
31. The use of Steam or Steam Power is not permitted upon the premises insured,
or containing the property insured, except for threshing grain, and then only subject to
the terms and conditions of the permit attached to and forming part of the within Policy,
32. This Policy shall not be valid or binding until the premium is actually paid thereon,
unless credit is given for a definite time ; in which case it is covenanted as a condition
of this contract, that if the note taken for such premium, or any part thereof,
or the account therefor, be not paid at maturity, the whole amount of premium on this
Policy shall be considered as earned, and this Policy shall be null and void so long
as any part thereof remains unpaid.
33. In the event of the assured having given a premium note or undertaking,
for the insurance within mentioned, and having also given a promissory note,
as and for a pan payment of such premium note or undertaking, and if the said
last mentioned promissory note be not paid at maturity, this Policy shall be null and
void.
34. If any mortgage or incumbrance on the insured property be made or effected,
or subsist, without the Company's written consent thereto, this Policy shall be void.
35. No renewal of this Policy, or of the insurance therein mentioned, shall be
binding or valid, unless the instrument or receipt in writing, evidencing the same,
be signed by the Secretary, and sealed with the corporate seal of the Company.
""These variations and additions are, by virtue of the Ontario Statute in that behalf,
in force so far as by the Court or Judge before whom a question is tried relating
thereto, they shall be held to be just and reasonable to be exacted by the Company.""
"
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