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HomeMy WebLinkAbout936"The Maple Leaf Farmer’s Mutual Fire Insurance Company Policy No. 24037 You are requested to read this policy and if not filled up according to your intentions or should any claim arise under this policy, in either case notify the Secretary. NAME Mrs. Emma Burk Locust Hill P.O. Expires on March 16, 1921 Amount $2000.00 Premium Note, $56.00 Reformer Print, Oshawa " "No. 24037 AMOUNT INSURED $2000.00 THE MAPLE LEAD FARMERS’ MUTUAL Established in 1895 Fire Insurance Company By this Policy of Insurance, in consideration of Premium Note for the sum of $56.00 and a cash payment of $14.00 received by the Maple Lead Farmers’ Mutual Fire Insurance Company, from Mrs. Emma Burk of the Township of Pickering, in the County of Ontario, Province of Ontario (hereinafter called the assured) and in consideration of the statement of the assured contained in the application hereinafter mentioned, the whole of which statement the assured warrants to be true, which application shall form part of this Policy, and be subject to the laws of the said Province, and the By-laws of this Company , insure the said Assured her heirs, executors, administrators and assigns against loss of damage by fire or lightning, for a term of three years, ending at noon on the Sixteenth day of March, one thousand nine hundred and twenty-one, to property hereinafter mentioned (the Company’s liability for animals killed by lightning to be limited to animals killed on the property described herein and to the amount mentioned in By-law No. 5), and on the property following, namely On Dwelling House 22 x 30 and attachments 18 x 24, 18 x 24 12 x 20 Eight hundred Dollars 800.00 On ordinary contents of Dwelling House while contained therein ----Dollars---- On Piano $ Organ $ , Books Pictures and Paintings $ ---------- Dollars---- On Barn No. one 38x80 $--- , Barn No. two 30 x 50, $One thousand Dollars 1000.00 On Barn No. three 15 x 18 On Stable No. one x $ , Stable No. two x , $ ----------------Dollars---- On Pig Pen 20 x 30 $100 Driving House 20 x 30 $100 Two Hundred Dollars 200.00 On ordinary contents inside-----------Dollars 2000.00 On ordinary contents inside-----------Dollars--- On ordinary contents inside-----------Dollars--- On ordinary contents inside-----------Dollars--- On ordinary contents inside-----------Dollars--- Situated on Lot No. Twenty-one Concession Four Township of Pickering The loss or damage to be estimated according to the true and actual cash value of the property at the time the same shall happen. In no case shall the Company pay for more than two-thirds of the actual cash value of the buildings and contents at the time of loss. Loss, if any, payable to Mrs. N.J.Gould as her interest may appear. Provided, that if any dwelling becoming vacant for 30 days or any abandonment of the property insured, the assured shall at once give notice in writing to the Secretary, and shall have the consent of the Company, written on this policy, such writing to be signed by the Secretary, otherwise, this Policy shall be void. PROVIDED FURTHER, that any smoking or carrying of any candle, lamp or taper, not properly protected by a lantern, or lighted match, in any stable, barn or other building in which straw, hay, hemp, flax, or other inflammable materials are stored, shall cause a forfeiture or all claims under this policy. IN WITNESS WHEREOF these presents are signed by the President and countersigned by the Secretary, under the Corporate Seal of the said Company, this 15 day of April 1918. N. Smith President Wm. Purvis Secretary, Columbus ORDINARY CONTENTS The term Ordinary Contents, applied to a Dwelling House, will cover Household Furniture, Bedding, Sewing Machine, Cream Separator, Wearing Apparel, China, Crockery, Glassware, Provisions, Root Crop, Twenty Barrels of Apples, Wool, Dairy Products, the tools in common use on a farm, Robes and Saddlery, and nothing else, unless especially mentioned. As applied to outbuildings, it will cover Farm Produce generally, Live Stock, Farming Implements, including Saddlery, Cream Separator, (not more than $125 allowed for any horse, $60 for horned or Neat Cattle, or $10 for any other animal,) only one binder, and that the best on the place, (not threshing machines), vehicles, hay fork and apparatus, and nothing else, unless especially mentioned. Such property must be the bona fide property of the Applicant. BY-LAW NO. 3. TO REGULATE THE WORKING OF STEAM THRESHING MACHINES UNDER POLICIES OF THE MAPLE LEAF FARMERS-MUTUAL FIRE INSURANCE CO. All policies issued, or to be issued, by the Maple Leaf Farmers' Mutual Fire Insurance Company, shall be and remain valid while steam machines are operating on the property covered by such Policies, under the following-conditions. 1,—.The proprietor of the buildings or grain will be required to see that the engineer of the steam thresher employed by him is experienced and competent. 2.-—Every steam engine or steam threshing machine, working or threshing on any property insured by this company, shall, at all times, have a spark extinguisher in full operation, whether the wind be blowing on the buildings or stacks, or in any other direction. 3.—it shall be the duty of the proprietor of the buildings or grain where the steam engine is operating to remain, or cause to remain around the building or stacks a trustworthy or responsible person or persons, during the time the workman or engineer be at meals, or during any intermission from work, from any other cause. 4.—The said proprietor must also see that there are at least 40 gallons of water kept in readiness between the engine and the building or stacks during the whole time the machine is operating. Two pails and a pair of blankets are also to be kept beside the water and none of these articles are to be used for any other purpose, except in the case of fire. " "STATUTORY CONDITIONS DIVISION I. 1. If any person insures property, and causes the same to be described otherwise than as it really is 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. 2. 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 unearned, portion, if any, of the premium which has been paid for the unexpired period and cancel the policy, or may demand in writ-ing 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. 3. If the property insured is assigned without a written permission indorsed 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. 4. Money, books of account, securities for money, and evidences of debt or title, are not Insured. 5 If the assured now has any other insurance on any property covered by this policy which is not disclosed to the company or hereafter effects any other insurance thereon without the written assent of the company, he shall not be entitled to recover in excess of sixty per cent, of the loss or damage In respect or such property; but if for any fraudulent purpose the assured does not disclose such other insurance to the company this policy shall be void. (a) If within two weeks after written notice of such other insurance or of any intended insurance, or after that time and before such other insurance is effected, the company does not dissent by notice in writing to the assured, it shall be deemed to have assented thereto. 6. The company is not liable for the losses following, that is to say: (a) For the loss of property owned by any other person than the assured, unless the interest of the assured is stated in or upon the policy; (b) For loss caused by invasion, insurrection, riot, civil commotion, military or usurped power : (c) Where the insurance is upon buildings or their contents— for loss caused by the want of good and substantial brick or stone or cement chimneys; or by ashes or embers being deposited, with the knowledge and consent of the assured, in wooden vessels; or by stoves or stovepipes being, to the knowledge of the assured, In an unsafe condition or Improperly secured; (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; (e) For loss or damage occuring to buildings or to their contents while the buildings are being altered or repaired by carpenters, joiners, plasterers or other workmen, and m consequence thereof, unless permission to execute such repairs has been previously granted in writing, signed by a duly authorized agent of the company, but fifteen days 'are allowed in each year for incidental alterations or repairs, without such permission; (f) For loss or damage occuring while petroleum, or rock earth or. coal-oil, camphene, gasoline, 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 five gallons in quantity, excepted), or more than twenty-five pounds weight of gun-powder is or are stored or kept by the assured or to his knowledge by any other person under his control, in the building insured or containing the property insured, unless permission is given in writing by the company. 7. Any written notice to the company may be delivered at the head office or chief-agency of the company in Ontario, or sent by registered post addressed to the company, its manager or agent, at such head office or chief agency or may be delivered or sent by registered post to an authorized agent of the company. DIVISION II. 8. 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. 9. In the event of there being any other insurance on property herein described at the time of the happening of any loss or damage in respect thereof, then this company shall be liable only for the payment of a rateable proportion of such loss or damage or of such amount as the assured shall be entitled to recover as provided by Condition No. 5. 10. The company will make good loss or damage caused by the explosion of coal or natural gas in a building not forming part of gas works, and loss or damage by fire caused by any other explosion or loss or damage caused by lightning, whether fire ensues therefrom or not, but if dynamos, exciters, lamps, switches, motors, or other electrical appliances or devices are insured any loss or damage to them caused by lightning on other electrical currents, artificial or natural, is expressly excluded, and the company is liable only for such loss or damage to them as may occur from resultant fire, originating outside the machines themselves. 11 The insurance may be terminated by the company by giving seven days' notice to that effect, and, if on the cash plan, by tendering therewith a rateable proportion of the premium paid, for the unexpired term, calculated from the termination of the notice, and the policy shall cease after such notice or notice and tender as the case may be, and the expiration of the seven days. 12. The insurance, if, on the cash plan, 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. 13. 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. 14. 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. 15. Any written notice to the assured may be by letter delivered to the assured or by registered letter addressed to him at his last post office address notified to the company or where no address is notified and the address is not known, addressed to him at the post office of the agency, if any, from which the application was received. DIVISION III. 16. 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 removal of property to prevent damage thereto, 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; and that part of this policy in excess of its proportion of any loss and of the value of the property remaining in the original location, shall for the ensuing seven days only or for the unexpired term of the policy If less than seven days, cover the property so removed in the new location or locations in the proportion that the value in any one such new location bears to the value in all such new locations. 17. Subject to condition 19 proof of loss must be made by the assured, although the loss Is payable to a third person. 18. Any person entitled to make a claim under this policy shall (a) Forthwith after loss give notice in writing to the company; (b) Deliver as soon after as practicable, as particular an account of the loss as the nature of the case permits; (c) Furnish therewith a statutory declaration declaring, That the account is just and true; When and how the loss occurred, and if caused by fire how the fire originated, so far as the declarant knows or believes; That the loss did not occur, or if caused by fire, that the fire was not caused through any wilful act or neglect, or the procurement, means or contrivance of the assured; The amount of other insurances; All Hens, and incumbrances on the subject of insurance; The place where the property insured, if movable, was deposited at the time of the fire; (d) If required and if practicable, produce books of account, warehouse receipts and stock lists, and furnish Invoices and other vouchers, verified by a statutory declaration in support of his claim, and furnish copies of the written portion of all policies, separate as far as reasonably may be the damaged from the undamaged property and exhibit for examination all that remains of the property which was covered by the policy The evidence furnished under this clause shall not be considered proofs of loss within the meaning of condition 22. 19. 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, or in the like case or if the assured refuses to do so, by a person to whom any part of the insurance money is payable. 20. Any fraud or false statement in any statutory declaration, in relation to any of the above particulars, shall vitiate the claim of the person making the declaration. 21. If any difference arises as to the value of the property insured, the property saved, or the 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 falling to agree, then by a Judge of the County or District Court of the County or District in which the loss has happened; and such reference shall be subject to the provisions of THE ARBITRATION ACT; and the award shall, If the company is in other respects liable, be conclusive as to the amount of the loss and the 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. 22. The loss shall be payable in sixty days after the completion of the proofs of loss, unless a shorter period is provided for by the contract of insurance. 23. 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. 24. 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 one year next after the loss or damage occurs. VARIATIONS IN CONDITIONS ""This policy is issued on the above Statutory Conditions with the following variations, omissions and additions, which, are, by virtue of The Ontario Insurance Act, in force so only as they shall be held to be just and reasonable to ""be exacted by the company."" Statutory condition No. 2 is varied ""by striking out the words ""or its local agent."" Statutory condition No. 3 is varied by striking out the words ""an agent,"" and substituting the words ""the Secretary."" Statutory condition No. 6 clause E is varied by striking out the words ""a duly authorized Agent"" and substituting therefor the words ""the Secretary."" Statutory condition No. 7 is varied by striking out the words ""an authorized Agent"" and substituting therefor the words ""the Secretary."" Statutory condition No. 13 is varied by striking out the words ""an Agent"" and substituting the words ""the Secretary."" " "(crossed out) ABSOLUTE ASSIGNMENT OF POLICY For value received I hereby assign, transfer, and set over unto Elizabeth Gibbons, William Gibbons and Adam Spears, __ of Thomas Gibbons Executors, Administrators and Assigns, the foregoing Policy and all my right, title and interest therein and thereto, and all benefits and advantages derivable therefrom. As Witness my Hand and Seal the 1st Day of December A.D. 1919 In the presence of ___ ____ Emma Burk (L.S.) In consideration of 50 cts. Transfer Fee received, the consent of the Company is hereby given to the Assignment of this policy to subject to all the conditions affecting the same. ASSIGNMENT AS SECURITY For value received I hereby assign, transfer and set over unto Elizabeth Gibbons, William Gibbons and Adam Spears, ___ of Thomas Gibbons Executors, Administrators and Assigns, the foregoing Policy and all my right, title and interest therein and thereto, and all benefits and advantages derivable therefrom. This assignment, however, is made for securing payment of a mortgage dated the 27th day of November A.D. 1919 for the sum of $1700 and interest, made by Milton B. Burk and other as Mortgagers to the said Assignees as my rights under the said Policy. As Witness my Hand and Deal the 1st Day of December A.D. 1919 In the presence of ___ _____ MBB Burk In consideration of 50 cts. Transfer Fee received, the consent of the Company is hereby given to the Assignment of this policy to __ __ Gibbons __ subject to all the terms and conditions of and affecting the same. Wm. Purvis Secretary " "SURRENDER To the Directors of the Maple Leaf Farmers’ Mutual Fire Insurance Company: Gentleman-I hereby surrender all my right, title and interest in and to this Policy, as mortgage. Given under my hand this 12t day of December, A.D. 1919 Witness __________ Mary Gold "