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HomeMy WebLinkAbout937"The Standard Mutual Fire Insurance Company. Markham, = Ont. No. 265 Name Sarah J. Burk P.O Brougham Amount Insured, $2000. Premium, $ 15.50 Expires 16th day of March 1903 At noon You are requested to read this Policy to see that it is filled up according to your intentions; if not, write to the Head Office, Markham, Ont. Should any claim arise under this Policy, immediate notice thereof should be sent to the Head Office, Markham, Ont. Economist Print, Markham. " "The Standard Mutual No. 265 $2000 FIRE INSURANCE COMPANY Head office, = MARKHAM, ONT. Premium, $15.50 Date Mar. 16th 1900 In Consideration of a premium note or undertaking for the sum of $10.00 and a cash payment thereon of $15.50 do insure Sarah J. Burk of the Township of Pickering in the County of Ontario and Province of Ontario, against loss or damage by Fire or property as follows :-all more fully described in the application for this insurance, which forms part and parcel of this policy, that is to say: On Dwelling, Kitchen and Wood Shed_____________________________$8.00 On Household Furniture, Linen, Beds, China, Crockery and Glassware, Plate and Plated Ware, Sewing Machines, Pictures and Books (not more than $5 recoverable on any Picture or Book in even of loss) Wearing Apparel and Provisions for family use, all while contained in said Dwelling…. $ On Barn Shed and Stables_______________________________________$1000 On Driving house_______________________________________________ $100 On Pig Pen_____________________________________________________ $100 $1200 On Vehicles, Farming Implements, (excluding Threshing Machines), Tools, Utensils, Harness and Robes, not more than one Mower and one Reaper or Blinder covered under this item, and those covered are the newest and best on the farm On Live Stock, not more than $100 on any one Horse, $50 on any one Horned Cattle or $5 on any other animal recoverable in even of loss unless specially insured Total Insurance, $2000 The Property is held by Deed by the Assured and occupied by herself and situated on Lot No 21 Con 4 Township of Pickering, County of Ontario, Province of Ontario. The Property is Not otherwise insured. And the said Company do hereby covenant, promise and agree with the assured, or her legal representatives or assigns, to make good to him, her or them all such immediate loss or damage not exceeding in amount the sum hereby insured, as shall happen by fire or lightning to the property as above specified, from the Sixteenth day of March A.D. 1903 at 12o’clock noon, until the Sixteenth day of March A.D. 1903 at 12 o’clock noon. Loss, if any, payable to Lucy Almond mortgagee as for interest may appear, the amount of said interest to be agreed upon between the Assured and the hereinbefore named payee, and declared to this Company, and until such declaration is made no loss shall become payable. The said loss or damage to be estimated according to the actual cash value of the property at the time of the fire, which shall in no case exceed what it would then cost to replace the same, deducting there-from a suitable amount for any depreciation of such property from use or otherwise, and in case of buildings, not more than two-thirds of the actual cash value thereof, and in case of further insurance by the assured or any other party thereon, only the rateable proportion of two-thirds of the said actual cash value, without reference to the date of the different policies. Provided that this policy is issued and accepted subject to the By-laws of the said Company and the Statutory Conditions and variations endorsed hereon. In Witness Whereof, the President of the said Company and the Managing Director thereof have hereunto set their hands and affixed the Corporate Seal of the Company, at the Village of Markham, in the County of York, this Ninth day of April in the year of our Lord one thousand Nine Hundred M Hoover President. H. B. Reesor Managing Director, " "BY-LAWS. WHEREAS the Directors of the Standard Mutual Fire Iusurance Company of Markham deem it expedient that certain by laws for regulating the affairs of the Company should be made ; Now THEREFORE be it enacted and it is hereby enacted as follows :— 1st This Company is established for the purpose of insuring farm property and other non hazardous risks together with the contents of the same, against loss or damage by fire or lightning, causing fire or the actual death of animals, and shall be governed by not less than nine Directors, who shall elect from among themselves a President, vice President and Man aging Director. They shall also elect a Treasurer. 2nd Every person wishing to become a member of this company shall, previous to being insured, deposit his application and premium note with the Company or its agent, which said application shall be held, taken and received to be part of the policy of insurance granted thereon, and shall be held and read in connection therewith, and the application shall be taken to have warranted all the statements and representations therein contained, and the Company will not be bound by any statements made to the agent not contained in the application. 3rd. Every person on application for insurance shall state whether the property is free ho'd or leasehold whether encumbered or not, and if encumbered to what amount and in whose favor. If leasehold the name of the true owner shall be given, and the term of lease. Landlords must immediately notify the Managing Director when there is a change of Tenants, giving name of new tenant And in case it becomes vacant this Company will not be responsible for damages while unoccupied. 4th. Ordinary contents of dwellings shall be held to cover Furniture, Carpets, Bedding, Wearing Apparel, Fuel, Provisions for Household use only. Printed Books, Crockery, Glass ware, one Clock and one Sewing Machine, but not Musical Instruments, Pictures Plate, Jewelry, or such other articles as are mentioned in Statutory Condition No. 7, unless specially mentioned in the policy. 5th. Ordinary contents of Outbuildings shall be held to cover Farm Produce, Implements, Vehicles, Harness, Robes, and Live Stock. (Threshing Machines and Stallions excluded) 6th. Ordinary contents of Dwellings and ordinary contents of Outbuildings shall for the purpose of this Policy in the event of loss or damage be valued at date of loss as follows, viz : (A) Ordinary contents of Dwellings at their net cash value (B) Produce of all kinds at its market value, less the cost of marketing, except stacks of straw which in no case will be insured if not in barn yard, and not more than Fifty Dollars ($50 00) will be allowed for straw and chaff on each 100 acres or fraction thereof Stack' of Grain or Hay will not be insured unless placed over 80 feet from Railway property or Bush land. (C) Implements. Vehicles, Harness and Robes at their cash value at date of loss. (D) Live Stock actually killed by lightning at their cash value, but in no case will Thorough Bred Stock of any kind be va'ued at more than ordinary Farm Stock, unless they are separately named and valued in the policy, and in cases of death by lightning then the amount paid shall in no case exceed the sum of $10000 for a horse, $50.00 for each horned animal and $5 co per head for sheep or pigs, unless specially mentioned in the application (E) Implements, Vehicles and Live Stock owned and insured by members of this Company shall be deemed insured, although the same may have been temporarily removed from the assured's premises, so long as the same are in buildings or on premises either insured or insurable by this Company, or on the highway. 7th. This Company will allow the use of steam power on and about the premises insured by this Company without in any way vitiating or effecting their policies, providing the following conditions are complied with : (1) That the engine be provided with all the necessary arrangements and improvements for the prevention of fire. (2) That the engine shall be placed at as great a distance as practicable from any building and not less than twenty (20) feet from stacks of grain, hay or straw or other combustible matter and no straw or litter will be allowed to collect near the engine. (3) That there be one barrel filled with water and at least two pails kept constantly on hand near the engine and that a ladder of sufficient length to reach the roof of barn or top of stacks be placed in readiness on side of barn on which engine is placed and a competent person remain in charge until all fire is extinguished or properly secured (4) That the Company will not be liable for any loss that may occur from the violation of any of the foregoing conditions, nor for the culpable neglect of the assured or the party operating the engine, nor for its being out of repair. 8th Smoking or the carrying of any lighted match, candle, lamp or taper not properly protected by a lantern, in any barn or outbuilding in which any hay, straw or other inflammable materials are stored, shall cause a forfeiture of all claims under this policy. 9th. The Board of Directors shall meet in Markham at 10 a m. on the first Saturday of each month. 10th. Any person having his property entered in the books of this Company shall not withdraw his name or note while the policy is in force without permission from the Board of Directors All applications to cancel insurance shall be made in writing to the Managing Director and signed by the applicant. 11th. As soon as the amount of loss has been ascertained and adjusted by the Board it shall be the duty of the Managing Director to notify the owner of the property said to be destroyed of such adjustment, and after ninety days the amount so adjusted shall become due and payable. The Company shall retain the loser's note for future assessments until the period of insurance for which said note was given has expired subject in all cases to the conditions and stipulations endorsed upon the policy issued by the Company, forming the basis of insurance and shall be as binding on the insured as if inserted therein 12th. AND WHEREAS it is necessary to fix and determine certain classes and rates of insurance with this Company ; BE IT THEREFOR RESOLVED, (A) That the property insured be classified as follows :— FIRST CLASS—Dwellings of brick, stone or concrete covered with slate, metal or shingles laid in mortar, although having a kitchen (with brick chimney) and woodshed of other material attached. SECOND CLASS—Dwellings of brick, brick clad stone or concrete covered with shingles, although hnving a kitchen (brick chimney) and woodshed of other material attached. THIRD CLASS—Dwellings of wood or other material than above, and outbuildings of all kinds. (B) That insurance be taken thereon on the following scale viz : — First class, premium notes, 3 % Second class, premium notes, 3 ¼ Third class, premium notes, 3 1/2 "" 13th. Each person upon becoming a member shall pay the sum of twenty per cent, on premium note, provided that such sum shall not be less than two dollars 14th. That Household Contents Farm Stock, Produce and Farming Implements be taken at the same rate as applied to the buildings in which they are contained. 15th. All Chimneys must be made of brick or stone, and all flues for stove pipes passing through floors or partitions must be brick, stone, concrete or metal. Stove-pipes passing through roof or sides of Cook houses for use in summer only will be allowed provided they pass through a double fireproof metal safe. 16th. Agents taking applications for insurance upon property out of the usual course. may accept the same to be forwarded to the Board for approval, but must give no interim receipt so as to bind the Company, until such approval is obtained. This Form to be used for purposes of Collateral Security. The property insured by this Policy having been mortgaged for $............. to.................................of.................P. O......................................I hereby request that loss, if any, be made payable to said Mortgagee as.............interest may appear. Dated at.............................this.....................day of........................I. Assured. At the request of the assured (as above stated), loss, if any, is hereby made payable to.............................................as. . . . ... .interest may appear, the amount of said interest to be agreed upon between the assured and the hereinbefore named payee, and declared to this Company, and until such declaration is made no loss shall become payable. MARKHAM,..................... .....................................Secretary. THIS POLICY IS NOT ASSIGNABLE FOR PURPOSES OF COLLATERAL SECURITY, But in all such cases it is to be wade "" Payable in case of loss, etc by endorsement on Policy. In case of actual sale and transfer of title the form subjoined may be used, which must be executed at time of said transfer. The property hereby insured having been purchased by......................................... THE STANDARD 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..................................................................... Secretary. FOR VALUE RECEIVED,..........hereby transfer, assign, and set over unto...................... ..................of...................................................P.O.........................................................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............................Signed and Delibered in presence of .......................................... " "STATUTORY CONDITIONS Misrepresentation or omission. 1. If any person or persons insures his or their buildings or goods, and causes the same to be described otherwise than as they really are, to the pre judice 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 vertue, 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 Campany'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-owner-ship. 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, gasoline, burning fluid, benzine, naphtha, or any liquid pro ducts 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 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 nny 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 claims. 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 the 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 head 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 loss may be made by agent. 14. The above proofs of loss may be made by the agent of the assured, in case ot 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 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 J udge 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 arLitrators. 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 preminm 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 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 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 is 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 the fact be not respectively made known to the Managing Director 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 above Statutory Condition No 9. is enlarged by adding thereto the following condition after the word “policies,” “And in case such other policy on each property hereby insured for such sum or sums as 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 polices 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 on the company to submit to arbitration any question as to the value of the property insured property saved or the amount of the loss and proportion to be paid by the Company, or any other question what soever, 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 Managing Director 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 endeavor to preserve the property or 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 or after the fire. 30. The assured shall not be entitled to recover from this Company and other Companies having insurances upon the same property mare than two thirds of the actual value of such property. 31. The use of steam or steam power is not permitted upon the premised of the insured or containing the property insured, except for threshing grain, filling silos or cutting stray, and then only subject to the terms and conditions attached to and forming part of the written 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 it is covenanted as a condition of this contract. That if the note taken for such premium or any other thereof, or the account therefore 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 part payment of such premium note or undertaking, and if the said last mentioned promissory note be not pain 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 null and void. 35. No renewal of this policy or the insurance therein mentioned shall be binding or valid unless the instrument or receipt in writing evidencing the same be signed by the Managing Director and sealed with the corporate seal of the Company. These variations and additions are by virtue of the Ontario Statues in that behalf in force so far as by the court or judge before whom a question is tired relating thereto, they shall be held to be just and reasonable to be exacted by the Company. "