AI English Translation, Pages 1-25
FIRE POLICY
No. 8205656
PREMIUM Less Return on Cancelled Policy }: ID. 4.500
Net Premium for First Period }: ID. 4.500
RENEWAL PERIOD: 3rd February 1959
RENEWAL PREMIUM: ID. 4.500
Alliance
1824
MULTI SOCIETATE TUTIORES
Assurance Company, Limited.
(INCORPORATED IN ENGLAND.)
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
This Policy of Insurance Witnesseth THAT IN CONSIDERATION OF: THE JEWISH LAY COUNCIL
(hereinafter called the Insured) paying to the ALLIANCE ASSURANCE COMPANY, LIMITED (hereinafter called the Company), the
Premium above mentioned, for insuring for the first period and as hereinafter mentioned, the following property, viz. :—
IRAQ DINARS SIXHUNDRED ONLY
On the building of a bakery ( Excluding plinths, foundations, and pavements ) belonging to the
Insured built with Bricks with arched roofing bearing No 40Z/2/233, situate at Senak Street,
Baghdad.
Lighting and heating by coal, Kerosene and/or electricity allowed in the above-mentioned
premises.
EZRA M. HAKKAK & SONS
L. L. C.
Ezra M. Hakkak
⟦and Sons⟧
⟦Baghdad⟧
BAGHDAD
Notwithstanding any provision of law to the contrary or any provisions hereof the Company shall in no event be liable for more than the
value of the property insured hereby at the time of any loss or damage happening thereto.
The Company agree with the Insured (subject to the Terms and Conditions endorsed hereon, which are to be taken as part of the Policy) that
if after payment of the Premium the Property above described, or any part thereof, shall be destroyed or damaged by Fire or Lightning, at any time
between the Third day of February 19 58, and Four o'clock in the Afternoon of the Third
day of February 19 59, or of the last day of any subsequent period in respect of which the Insured shall pay to the Company, and
the Company shall accept the sum required by the Company for the renewal of this Policy, the Company will make good by payment or re-instatement
or repair, all such loss or damage, to an amount not exceeding in respect of the several matters specified in this Policy the sum set opposite thereto
respectively, and not exceeding in the whole the sum of IRAQ DINARS SIXHUNDRED ONLY
In Witness whereof, we being the Authorised Agents of the said Company, have hereunto set our hand this
Third day of February in the year One Thousand Nine Hundred and Fiftyeight
for EZRA M. HAKKAK & SONS, LTD., Liability Co
Examined, ⟦signature⟧
Manager ⟦signature⟧ Directors ⟦signature⟧
Form No. 595 F
March 1943
Alliance Assurance Company Limited
Policy No.:
Renewal Period:
Renewal Insurance Premium: Dinars
Dinars Insurance Premium:
Dinars Amount returned upon cancellation of the policy:
Dinars Net insurance premium for the first period:
1824
MULTI SOCIETATE TUTIORES
(Incorporated in England)
Assets exceed thirty-five million pounds
Head Office - Bartholomew Lane, London E.C. 2
Marine Department - 40 Lime Street, London E.C. 3
This insurance policy witnesses that
(hereinafter called the Insured) when paying to the Alliance Assurance Company Limited (hereinafter called the Company) the insurance premium mentioned above for the insurance of the following property for
the first period and in the manner set forth hereafter and that
The Company shall in no case be liable for more than the value of the property insured under this policy at the time of the occurrence of the loss or damage even if there is a legal provision to the contrary
or despite any of the conditions of this policy.
The Company agrees with the Insured (subject to the conditions shown on this paper which must be considered part of this policy) that if the property described above or any part thereof
after payment of the insurance premium is damaged or destroyed by fire or lightning at any time between the day ⟦line⟧ of ⟦line⟧ and
four o'clock in the afternoon of the day ⟦line⟧ of ⟦line⟧ or of the last day of any subsequent period for which the Insured has
paid to the Company the amount required by it for the renewal of this policy for which if accepted by the Company, the Company shall compensate by way of payment, reinstatement or repair all the loss or damage
aforesaid to an amount not exceeding in respect of each item listed in this policy the amount shown above against that item and not exceeding in its total the sum of ⟦line⟧
And in accordance with its statement, we, the authorized agents of the mentioned Company, have signed our signatures on the day ⟦line⟧ of ⟦line⟧ in the year one thousand
nine hundred and ⟦line⟧
On behalf of Alliance Assurance Company Limited
For Ezra M. Hakkak & Sons Co. Ltd.
Manager
Alliance
FIRE POLICY
No. 8205655
PREMIUM: ID.6.000
Less Return on Cancelled Policy:
Net Premium for First Period: ID.6.000
RENEWAL PERIOD: 3rd February 1959
RENEWAL PREMIUM: ID.6.000
1824
MULTI SOCIETATE TUTIORES
Assurance Company, Limited.
(INCORPORATED IN ENGLAND.)
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
This Policy of Insurance Witnesseth THAT IN CONSIDERATION OF
THE JEWISH LAY COUNCIL
(hereinafter called the Insured) paying to the ALLIANCE ASSURANCE COMPANY, LIMITED (hereinafter called the Company), the Premium above mentioned, for insuring for the first period and as hereinafter mentioned, the following property, viz. :—
IRAQ DINARS ONETHOUSAND FIVEHUNDRED ONLY!
On the Building of a retail shop ( Excluding plinths, foundationsand pavements ) belonging to the Insured, built with bricks arched roofing bearing No 443Y/2/1, situate at Rashid Street, Baghdad.
Warranted that at any time during the currency of this policy , there be not in or upon the within mentioned premises hazardous goods as specified in the list attached hereto
Lighting heating by coal, kerosene, and/or electricity allowed
EZRA M. HAKKAK & SONS
L. L. C.
Ezra M. Hakkak & Sons
⟦illegible⟧
BAGHDAD
Notwithstanding any provision of law to the contrary or any provisions hereof the Company shall in no event be liable for more than the value of the property insured hereby at the time of any loss or damage happening thereto.
The Company agree with the Insured (subject to the Terms and Conditions endorsed hereon, which are to be taken as part of the Policy) that if after payment of the Premium the Property above described, or any part thereof, shall be destroyed or damaged by Fire or Lightning, at any time between the Third day of February 1958, and Four o'clock in the Afternoon of the Third day of February 1959, or of the last day of any subsequent period in respect of which the Insured shall pay to the Company, and the Company shall accept the sum required by the Company for the renewal of this Policy, the Company will make good by payment or re-instatement or repair, all such loss or damage, to an amount not exceeding in respect of the several matters specified in this Policy the sum set opposite thereto respectively, and not exceeding in the whole the sum of IRAQ DINARS ONETHOUSAND FIVEHUNDRED ONLY
In Witness whereof, we being the Authorised Agents of the said Company, have hereunto set our hand this Third day of February in the year One Thousand Nine Hundred and Fiftyeight
for EZRA M. HAKKAK & SONS, LTD., Liability Co.
Examined, ⟦illegible signature⟧
Manager <del>Director</del>
Form No. 595 F
March 1943
F.—AVERAGE.—April, 1933.
CONDITIONS
1. If there be any material misdescription of any of the property hereby insured, or of any building or place in which such property is contained, or any misrepresentation as to any fact material to be known for estimating the risk, or any omission to state such fact, the Company shall not be liable upon this Policy so far as it relates to property affected by any such misdescription, misrepresentation or omission.
2. No payment in respect of any premium shall be deemed to be payment to the Company unless a printed form of receipt for the same signed by an Official or duly appointed Agent of the Company shall have been given to the Insured.
3. The Insured shall give notice to the Company of any insurance or insurances already effected, or which may subsequently be effected, covering any of the property hereby insured, and unless such notice be given and the particulars of such insurance or insurances be stated in or endorsed on this Policy by or on behalf of the Company before the occurrence of any loss or damage, all benefit under this Policy shall be forfeited.
4. All insurance under this Policy
(1) on any building or part of any building,
(2) on any property contained in any building,
shall cease immediately upon any fall or displacement
(a) of such building or of any part thereof,
(b) of the whole or any part of any range of buildings or of any structure of which such building forms part,
PROVIDED that such fall or displacement is of the whole or a substantial or important part of such building or any part thereof, or of the whole or a substantial or important part of any building or any part thereof or any property contained therein subject to increased risk of fire or is otherwise material.
AND PROVIDED that such fall or displacement is not caused by fire, and loss or damage by which is covered by this Policy or would be covered if such building, range of buildings or structure were insured under this Policy.
In any action, suit or other proceeding, the burden of proving that any fall or displacement is caused by fire as aforesaid shall be upon the Insured.
5. This insurance does not cover
(a) Loss by theft during or after the occurrence of a fire.
(b) Loss or damage to property occasioned by its own fermentation, natural heating or spontaneous combustion (except as may be provided in accordance with Condition 7 (f)), or by its undergoing any heating or drying process.
(c) Loss or damage occasioned by or through or in consequence of
(1) The burning of property by order of any public authority.
(2) Subterranean Fire.
6. This insurance does not cover any loss or damage which either in origin or extent is directly or indirectly, proximately or remotely, occasioned by or contributed to by any of the following occurrences, or which, either in origin or extent directly or indirectly, proximately or remotely, arises out of or in connection with any of such occurrences, namely :—
(1) Earthquake, volcanic eruption, typhoon, hurricane, tornado, cyclone, or other convulsion of nature or atmospheric disturbance.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), mutiny, riot, civil commotion, insurrection, rebellion, revolution, conspiracy, military or usurped power, martial law or state of siege, or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
Any loss or damage happening during the existence of abnormal conditions (whether physical or otherwise), directly or indirectly, proximately or remotely, occasioned by or contributed to by or arising out of or in connection with any of the said occurrences shall be deemed to be loss or damage which is not covered by this insurance, except to the extent that the Insured shall prove that such loss or damage happened independently of the existence of such abnormal conditions.
In any action, suit or other proceeding, where the Company alleges that by reason of the provisions of this Condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured.
7. Unless otherwise expressly stated in the Policy this insurance does not cover
(a) Goods held in trust or on commission.
(b) Bullion or unset precious stones.
(c) Any curiosity or work of art for an amount exceeding £20.
(d) Manuscripts, plans, drawings, or designs, patterns, models or moulds.
(e) Securities, obligations, or documents of any kind, stamps, coined or paper money, cheques, books of account or other business books.
(f) Coal, against loss or damage occasioned by its own spontaneous combustion.
(g) Explosives.
(h) Any loss or damage occasioned by or through or in consequence of explosion ; but loss or damage by explosion of gas used for illuminating or domestic purposes in a building in which gas is not generated and which does not form part of any gas works, will be deemed to be loss by fire within the meaning of this Policy.
(i) Any loss or damage occasioned by or through or in consequence of the burning, whether accidental or otherwise, of forests, bush, prairie, pampas or jungle, and the clearing of lands by fire.
8. Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the Insured, before the occurrence of any loss or damage, obtains the sanction of the Company signified by endorsement upon the Policy by or on behalf of the Company :—
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other circumstances affecting the building insured or containing the insured property be changed in such a way as to increase the risk of loss or damage by fire.
(b) If the building insured or containing the insured property become unoccupied and so remain for a period of more than 30 days.
(c) If property insured be removed to any building or place other than that in which it is herein stated to be insured.
(d) If the interest in the property insured pass from the Insured otherwise than by will or operation of law.
9. This insurance does not cover any loss or damage to property which, at the time of the happening of such loss or damage, is insured by or would, but for the existence of this Policy, be insured by any Marine Policy or Policies had this insurance not been effected.
10. This insurance may be terminated at any time at the request of the Insured, in which case the Company will retain the customary short period rate for the time the Policy has been in force. This insurance may also at any time be terminated at the option of the Company, on notice to that effect given to the Insured, in which case the Company shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancelment.
11. On the happening of any loss or damage the Insured shall forthwith give notice thereof to the Company, and shall within 15 days after the loss or damage, or such further time as the Company may in writing allow in that behalf, deliver to the Company
(a) a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of all the several articles or items of property damaged or destroyed, and of the amount of the loss or damage thereto respectively, having regard to their value at the time of the loss or damage, not including profit of any kind.
(b) particulars of all other insurances, if any.
The Insured shall also at all times at his own expense produce, procure and give to the Company all such further particulars, plans, specifications, books, vouchers, invoices, duplicates or copies thereof, documents, proofs and information with respect to the claim and the origin and cause of the fire and the circumstances under which the loss or damage occurred, and any matter touching the liability or the amount of the liability of the Company as may be reasonably required by or on behalf of the Company together with a declaration on oath or in other legal form of the truth of the claim and of any matters connected therewith.
No claim under this Policy shall be payable unless the terms of this Condition have been complied with.
12. On the happening of any loss or damage to any of the property insured by this Policy, the Company may
(a) enter and take and keep possession of the building or premises where the loss or damage has happened.
(b) take possession of or require to be delivered to it any property of the Insured in the building or on the premises at the time of the loss or damage.
(c) keep possession of any such property and examine, sort, arrange, remove, or otherwise deal with the same.
(d) sell any such property or dispose of the same for account of whom it may concern.
The powers conferred by this Condition shall be exercisable by the Company at any time until notice in writing is given by the Insured that he makes no claim under the Policy or, if any claim is made, until such claim is finally determined or withdrawn, and the Company shall not by any act done in the exercise or purported exercise of its powers hereunder, incur any liability to the Insured or diminish its right to rely upon any of the conditions of this Policy in answer to any claim.
If the Insured or any person on his behalf shall not comply with the requirements of the Company or shall hinder or obstruct the Company in the exercise of its powers hereunder, all benefit under this Policy shall be forfeited.
The Insured shall not in any case be entitled to abandon any property to the Company whether taken possession of by the Company or not.
13. If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof, or if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain any benefit under this Policy ; or, if the loss or damage be occasioned by the wilful act, or with the connivance of the Insured ; or, if the claim be made and rejected and an action or suit be not commenced within three months after such rejection, or (in case of an arbitration taking place in pursuance of the 18th Condition of this Policy) within three months after the arbitrator or arbitrators or umpire shall have made their award, all benefit under this Policy shall be forfeited.
14. The Company may at its option reinstate or replace the property damaged or destroyed, or any part thereof, instead of paying the amount of the loss or damage, or may join with any other Company or Insurers in so doing, but the Company shall not be bound to reinstate exactly or completely, but only as circumstances permit and in reasonably sufficient manner, and in no case shall the Company be bound to expend more in reinstatement than it would have cost to reinstate such property as it was at the time of the occurrence of such loss or damage, nor more than the sum insured by the Company thereon.
If the Company so elect to reinstate or replace any property the Insured shall, at his own expense, furnish the Company with such plans, specifications, measurements, quantities, and such other particulars as the Company may require, and no acts done, or caused to be done by the Company with a view to reinstatement or replacement shall be deemed an election by the Company to reinstate or replace.
If in any case the Company shall be unable to reinstate or repair the property hereby insured, because of any municipal or other regulations in force affecting the alignment of streets, or the construction of buildings, or otherwise, the Company shall, in every such case, only be liable to pay such sum as would be requisite to reinstate or repair such property if the same could lawfully be reinstated to its former condition.
15. The Insured shall, at the expense of the Company, do, and concur in doing, and permit to be done, all such acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Company shall be or would become entitled or subrogated, upon its paying for or making good any loss or damage under this Policy, whether such acts and things shall be or become necessary or required before or after his indemnification by the Company.
16. If at the time of any loss or damage happening to any property hereby insured, there be any other subsisting insurance or insurances, whether effected by the Insured or by any other person or persons, covering the same property, this Company shall not be liable to pay or contribute more than its ratable proportion of such loss or damage.
17. If the property hereby insured shall, at the breaking out of any fire, be collectively of greater value than the sum insured thereon, then the Insured shall be considered as being his own insurer for the difference, and shall bear a ratable proportion of the loss accordingly. Every item, if more than one, of the Policy shall be separately subject to this Condition.
18. If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an arbitrator, to be appointed in writing by the parties in difference, or, if they cannot agree upon a single arbitrator, to the decision of two disinterested persons as arbitrators, of whom one shall be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party. In case either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint a sole arbitrator ; and in case of disagreement between the arbitrators, the difference shall be referred to the decision of an umpire who shall have been appointed by them in writing before entering on the reference and who shall sit with the arbitrators and preside at their meetings. The death of any party shall not revoke or affect the authority or powers of the arbitrator, arbitrators or umpire respectively ; and in the event of the death of an arbitrator or umpire, another shall in each case be appointed in his stead by the party or arbitrators (as the case may be) by whom the arbitrator or umpire so dying was appointed. The costs of the reference and of the award shall be in the discretion of the arbitrator, arbitrators or umpire making the award. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such arbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained.
19. In no case whatever shall the Company be liable for any loss or damage after the expiration of twelve months from the happening of the loss or damage unless the claim is the subject of pending action or arbitration.
20. Every notice and other communication to the Company required by these Conditions must be written or printed.
LIST OF HAZARDOUS GOODS.
List of Hazardous Goods
The following goods are to be deemed hazardous :—
Acetylene ( Liquid ).
Acids of all kinds (except Acetic, Citric and Tartaric).
Bamboo Mats.
Benzine.
Benzoline.
Bi-Sulphide of Carbon.
Brimstone.
Calcium Carbide.
Camphine.
Camphor.
Candles.
Cartridges.
Celluloid and Xylonite and other similar substances.
Charcoal (Powdered).
Chlorate of Potash.
Chlorate of Soda.
Cocoanut Oil.
Codilla.
Coir and Coir Yarn.
Cordite.
Cotton (whether in fully pressed bales or otherwise).
Cotton Seeds.
Crackers.
Explosives of all kinds.
Fireworks.
Fulminating Powder.
Ghee.
Grasses of all kinds.
Gunny Bags other than in fully pressed bales.
Gunpowder.
Hay.
Hemp.
Hessians other than in bales.
Jute (in fully pressed bales or otherwise).
Kerosene.
Lampblack.
Lime.
Matches of all kinds.
Mungo.
Naphtha.
Nitrate of Soda.
Nitro-Glycerine.
Oils of all kinds.
Oxalate of potash.*
Paints (Liquid).
Paraffin.
Percussion Caps.
Petrol.
Petroleum and its liquid products.
Phosphorus.
Pitch.
Potassium.
Potassium bichromate.
Potassium binoxalate.*
Potassium chlorate.*
Potassium cyanide.*
Potassium ferricyanide.*
Potassium ferrocyanide.*
Potassium hydroxide.
Potassium nitrate.
Potassium nitrite.
Potassium perchlorate.
Potassium permanganate.
Potassium peroxide.
Potassium persulphate.
Potassium sulphide.
Prussiate of potash.*
Rags.
Resin.
Rockets.
Rock Oil.
Saltpetre.
Shoddy.
Spirits of all kinds, not in bottles.
Stearine.
Straw.
Sulphur Dyes or Colours (excluding those packed in air-tight metal vessels labelled with a certificate by the manufacturers that the dyes (or colours) contain at least 10 per cent. of inert inorganic salts.)
Tallow, manufactured or unmanufactured.
Tar.
Turpentine.
Varnish.
Vegetable Fibres of all kinds.
Waste of all kinds.
* If stored on the same floors as, or on floors above, foodstuffs.
N. B.—The undermentioned small quantities of articles for private use or retail purposes only may be kept on the premises insured at the non-hazardous rate :—
Oil or Ghee other than kerosene ⟦line⟧ not exceeding 1 tin or drum of 5 gallons;
Chemical products or liquids in bottles or tins ⟦line⟧ " 1 gallon or 14 lbs. as the case may be;
Loaded Cartridges ⟦line⟧ " 1,000;
Safety and/or wax matches ⟦line⟧ " 10 gross of boxes;
Candles ⟦line⟧ " 10 cases;
Kerosene Oil ⟦line⟧ " 6 cases or 50 gallons.
ALLIANCE
ASSURANCE COMPANY, LIMITED.
(INCORPORATED IN ENGLAND).
DIRECTORS.
RICHARD DURANT TROTTER, Chairman.
ANTHONY G. DE ROTHSCHILD, Deputy Chairman.
THE LORD ASHBURTON.
SIR VINCENT BADDELEY, K.C.B.
THE VISCOUNT BEARSTED, M.C.
THE EARL OF BESSBOROUGH, P.C., G.C.M.G.
SIR ERIC VANSITTART BOWATER.
SIR ROBERT A. BURROWS.
ALFRED FOWELL BUXTON.
THE DUKE OF DEVONSHIRE, K.G.
MAJOR GERALD M. A. ELLIS.
THE LORD HOWARD DE WALDEN.
D. G. M. BERNARD.
THE RT. HON. OLIVER LYTTELTON, D.S.O., M.C., M.P.
SIR MICHAEL NAPIER, BART.
THE EARL OF ROSEBERY, K.T., P.C., D.S.O., M.C.
HARRY SALMON.
ARTHUR JAMES STEWART TODD.
THE LORD WARDINGTON.
E. C. T. CARDEN, General Manager.
K. GRIFFITHS, Deputy General Manager.
W. T. ANDERSON, Assistant Manager, Fire Department.
R. H. BEALE, Assistant Manager, Fire Department.
R. L. BARNETT, Secretary.
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
Fire Policy No.: 8205655
Name:
Agency: EZRA M. HAKKAK & SONS LTD.,
BAGHDAD,
IRAQ
Conditions
1 - If there be any material misdescription of any of the property hereby insured, or of the building or place mentioned, or any incorrect statement regarding a material matter that would assist the Company in estimating the risks, or if such a matter is omitted, the Company shall not be considered liable under this Policy regarding the property affected by such misdescription, incorrect statement, or omission.
2 - Any payment of any insurance premium shall not be considered an acceptable payment by the Company unless a printed receipt is given for it by an official of the Company or a duly authorized agent on its behalf.
3 - The Insured must inform the Company of any insurance or insurances previously contracted or that may be contracted later on the property insured under this Policy, and unless such notice is given and the details of this insurance or insurances are included in this Policy or appear on it by the Company or on its behalf before any damage or loss occurs, all benefits intended from this Policy shall be forfeited.
4 - Every insurance under this Policy:-
(1) on any building or part thereof
(2) on any property existing in any building
ends immediately upon any fall or other form of defect or displacement occurring in:-
(a) that building or any part thereof
(b) the whole building or part of a series of buildings or any building of which the insured building or a part thereof forms a part.
Provided that this fall or displacement is in the whole building or in a significant or material part of it or in any part of it or in the whole building or in a significant or material part of any building or any part of it or in any property existing therein which leads to an increase in the risk of fire or has another significance.
And provided also that the said fall or displacement is not arising from a fire and that the loss or damage resulting from them are covered by this Policy or what could have been covered if the said building or series of buildings or the said building were insured under this Policy.
In every lawsuit or other transaction, the burden of proving that any fall or displacement has arisen from a fire as mentioned above falls upon the Insured.
5 - This insurance does not include:-
(a) The shortage resulting from theft during or after the fire.
(b) Damage or harm to the property arising from its spontaneous fermentation or its natural or spontaneous combustion (except as provided in paragraph 7 (f)) or from its exposure to any heating or drying process.
(c) Damage or harm resulting because of or from:-
(1) Burning of property based on official authority.
(2) Underground fire.
6 - This insurance does not include any loss or damage whether in its origin or extent arising directly or indirectly or in a near or remote way from one of the following accidents or arising from the following accidents or connected to them or resulting from them, namely:-
(1) Earthquake, volcanoes, hurricanes, storms, sea cyclones or other disturbances of nature or atmosphere.
(2) War, aggression, act of foreign enemy, warlike operations (whether war was declared or not), mutiny, sedition, civil disturbances, rebellion, revolution, conspiracy, military or usurped power, martial law or state of siege or any of the accidents or causes that lead to the declaration of martial law or state of siege.
Every damage or harm that occurs during the existence of abnormal conditions (whether physical or otherwise) and is arising directly or indirectly or in a near or remote way from one of the mentioned accidents or connected to them or resulting from them is considered a damage or harm not covered by this insurance unless the Insured proves that the mentioned damage or harm has occurred independently of the existence of those abnormal conditions.
In every lawsuit or other transaction in which the Company claims that the damage or harm is not covered by this insurance under the provisions of this article, the burden of proving that the damage or harm is covered by this insurance falls upon the Insured.
7 - Unless expressly stated in the Policy, this insurance does not include:-
(a) Goods whose possession is by way of trust or on commission.
(b) Bullion of precious metals or unmounted precious stones.
(c) Antiques and artistic relics whose value exceeds 20 pounds.
(d) Manuscripts, maps, drawings, models, and molds.
(e) Stocks, bonds, and financial papers of every kind, stamps, coins, banknotes, checks, account books, and other business books.
(f) Coal in terms of damage or harm that results from the outbreak of fire in it from its nature.
(g) Explosive materials.
(h) Every damage or harm occurred from an explosion or because of it or from its result, however, the damage or harm that affects the explosion of gas used for lighting or for domestic purposes in a building in which gas generation does not take place and is not part of a gas factory is considered damage arising from fire within the meaning intended in this Policy.
(i) Every damage or harm occurred from or because of or from the burning of forests, thickets, jungles, and lands or from cleaning the land with fire whether that occurred by fate and destiny or in another way.
8 - In any of the following circumstances, the insurance ceases to cover the damaged property unless the Insured obtains the Company's approval in the form of an endorsement from it on the Policy before the occurrence of the damage or harm:-
(a) If the trade or industry practiced has changed or if the nature of the occupation of the insured building or in which the insured property is or the circumstances surrounding the building have changed in a way that increases the risk of damage or harm by fire.
(b) If the insured building or in which the insured property is becomes unoccupied and remains so for a period exceeding thirty days.
(c) If the insured property is moved to any building or other place than that mentioned in this Policy that the property is insured in.
(d) If the right of ownership in the insured property is transferred from the Insured other than by way of inheritance or judgment of law.
9 - This insurance does not include any damage or harm that affects property that is at the time of the occurrence of the damage or harm insured or could have been insured under a marine policy or policies were it not for the existence of this Policy.
10 - This insurance may be terminated at any time based on the request of the Insured and in this case the Company retains the prescribed rate for the short period in which the Policy was in force. The Company may also terminate this insurance at any time based on a notice sent to the Insured and in this case the Company is obliged to return upon request a proportional share of the premium for the unexpired period starting from the date of cancellation.
11 - Upon the occurrence of any damage or harm, the Insured must inform the Company of that immediately and submit to the Company within 15 days of the occurrence of the damage or harm or during a longer period that the Company may allow in writing:-
(a) A written claim for the loss and damage including a detailed statement as much as possible about all materials or pieces of damaged or destroyed property and the amount of loss or damage that befell each of them separately taking into account their value at the time of the occurrence of the damage or harm and that does not include any profit of any kind.
(b) Details about all other insurances if any.
The Insured must also at all times and at his own expense provide the Company with all other details, maps, specifications, books, documents, invoices and their copies or images, documents, proofs, and information related to the claim and the origin of the fire and its cause and the circumstances in which the damage or harm occurred and any matter related to the Company's liability or the amount of this liability that the Company may request or is requested on its behalf with a statement accompanied by an oath or in another legal form of the correctness of the claim and any other matters related to that.
No claim under this Policy is paid unless the conditions of this article are observed.
12 - Upon the occurrence of any damage or harm to any of the property insured under this Policy, the Company may:-
(a) Enter the building or place where the damage or harm occurred and possess it.
(b) Possess any of the Insured's property existing in the building or place at the time of the occurrence of the damage or harm or request its delivery to it.
(c) Possess any of this property and examine, classify, arrange, move, or dispose of it in another way.
(d) Sell any of this property or dispose of it for the account of whoever it concerns.
The powers granted under this article are exercisable by the Company at any time until the Insured informs it in writing that he does not claim anything under the Policy or in the case of submitting a claim until this claim is decided upon finally or withdrawn and the Company does not bear any liability towards the Insured nor does it diminish its right to rely on any of the conditions of this Policy in response to any claim because of any act it performed in the exercise of its powers under this article or what appears to be an exercise of them.
If the Insured or any person representing him does not comply with the Company's requests or if he hinders the Company or obstructs it in the exercise of its powers under this article, then all benefits under this Policy are forfeited.
The Insured does not have the right in any case to leave any property to the Company whether the Company possessed it or did not possess it.
13 - If the claim involves any fraud or if any false statement is submitted or used to support the claim or if the Insured or any person representing him uses any fraudulent means or methods to obtain any benefit under this Policy or if the damage or harm is arising from a deliberate act by the Insured or by collusion from him or if the claim is submitted and rejected and no lawsuit or legal transaction is started within three months of this rejection or (in the case of conducting arbitration under Article 18 of this Policy) within three months of the issuance of the decision of the arbitrator or arbitrators or the umpire, then all benefits under this Policy are forfeited.
14 - The Company has the option to restore the situation to what it was or replace the damaged or destroyed property or any part of it instead of paying the amount of damage or harm or to participate with any other company or other insurers in doing so but the Company is not obliged to restore the situation to what it was exactly or in a complete way but rather as much as circumstances allow and in a sufficient and reasonable way and the Company is not obliged in any case to spend in restoring the situation to what it was more than what it costs to restore those properties to the state they were in at the time of the occurrence of the damage or harm nor more than the amount insured with the Company.
If the Company chooses to restore the situation to what it was or replace any property, the Insured must provide the Company at his own expense with maps, specifications, measurements, quantities, and any other details that the Company may request and any act performed by the Company or ordered to be performed with the intention of restoring the situation to what it was or replacement is not considered as an option by the Company to do so.
If it is impossible for the Company in any case to restore the situation to what it was or repair the insured property because of any municipal or other regulations related to the alignment of streets or building construction or otherwise, then the Company is liable in such a case only for paying the amount that was necessary to restore the situation to what it was or repair those properties if it were legally possible to restore them to their previous state.
15 - The Insured must perform at the Company's expense all that is necessary or what the Company reasonably requests of acts and procedures or allow them to be performed with the intention of implementing any rights or compensations or obtaining assistance or compensation from other parties that the Company would have been entitled to subrogate the Insured in or may be entitled to that upon its payment or compensation for any damage or harm under this Policy whether these acts and procedures were necessary or requested before the Company's compensation to the Insured or after it.
16 - If there exists at the time of the occurrence of any damage or harm to any property insured under this Policy any other insurance or insurances existing whether contracted by the Insured or any other person covering the same property, then the Company is not liable for paying or contributing more than its proportional share of this damage or harm.
17 - If the insured property at the outbreak of any fire is of a total value exceeding the amount insured on it, then the Insured is considered an insurer for himself for the difference and bears a proportional share of the damage or harm accordingly. And every item of the Policy items if they are more than one is subject to this condition separately.
18 - If a dispute arises about the amount of damage or harm, then that dispute is independent of all other issues and is referred for decision to an arbitrator appointed in writing by the two disputing parties and if they do not agree on one arbitrator each of the parties appoints two arbitrators by authorization to appoint one arbitrator from them within two months from the date of one party's request from the other party to do so in writing. And if one of the parties refuses to appoint an arbitrator or did not appoint him within two months after the arrival of a written request for that, then the other party has the freedom to appoint a sole arbitrator. And in the case of the two arbitrators' disagreement, the dispute is referred to an umpire who has been appointed by them in writing before starting the arbitration and who must sit with the two arbitrators and preside over their sessions. The death of any party does not invalidate or affect the authority or power of the arbitrator or the two arbitrators or the umpire and does not affect it. And if one of the two arbitrators or the umpire dies, another is appointed instead of him in every case by the party who appointed him or by the two arbitrators who appointed the umpire who died. The expenses of arbitration and the decision fall under the power of estimation of the arbitrator or the two arbitrators or the umpire who issues the decision. And it is stipulated and expressly declared that it is not permissible to start any lawsuit or legal transaction before the courts regarding this Policy in the case of a dispute occurring about the amount of damage or harm except after obtaining first the decision of the arbitrator or the two arbitrators or the umpire in the amount of the mentioned damage or harm.
19 - The Company is not bound in any case by any damage or harm after the lapse of twelve months from the occurrence of the damage or harm unless the claim is the subject of an existing lawsuit or arbitration.
20 - Every news or warning or review of the Company from what is requested under these conditions must be written or printed.
The Arabic and English insurance contract in this Policy relies on the English text
EZRA M. HAKKAK & SONS
BAGHDAD
IRAQ
F.—AVERAGE—April, 1933.
1. If there be any material misdescription of any of the property hereby insured, or of any building or place in which
such property is contained, or any misrepresentation as to any fact material to be known for estimating the risk, or any
omission to state such fact, the Company shall not be liable upon this Policy so far as it relates to property affected by
such misdescription, misrepresentation or omission.
2. No payment in respect of any premium shall be deemed to be payment to the Company unless a printed form of
receipt for the same signed by an Official or duly appointed Agent of the Company shall have been given to the Insured.
3. The Insured shall give notice to the Company of any insurance or insurances already effected, or which may
subsequently be effected, with any other Company or Companies, covering any of the property hereby insured, and unless the particulars
of such insurance or insurances be stated in or endorsed on this Policy by or on behalf of the Company before the occurrence of
any loss or damage, all benefit under this Policy shall be forfeited.
4. All insurance under this Policy
(1) on any building or part of any building,
(2) on any property contained in any building,
(3) on rent or other subject matter of insurance
contained in any building,
shall cease immediately upon any fall or displacement
(a) of such building or of any part thereof,
(b) of the whole or any part of any range of buildings or of any structure of which such building forms part,
PROVIDED that such fall or displacement is of the whole or a substantial or important part of such building or
impairs the usefulness of such building or any part thereof or leaves such building or any part thereof or any property
contained therein subject to increased risk of fire or is otherwise material.
AND PROVIDED that such fall or displacement is not caused by fire, loss or damage by which is covered by this
Policy or would be covered if such building, range of buildings or structure were insured under this Policy.
In any action, suit or other proceeding, the burden of proving that any fall or displacement is caused by fire as afore-
said shall be upon the Insured.
5. This insurance does not cover
(a) Loss by theft during or after the occurrence of a fire.
(b) Loss or damage to property occasioned by its own fermentation, natural heating or spontaneous combustion
(except as may be provided in accordance with Condition 7 (f)), or by its undergoing any heating or drying
process.
(c) Loss or damage occasioned by or through or in consequence of
(1) The burning of property by order of any public authority.
(2) Subterranean Fire.
6. This insurance does not cover any loss or damage which either in origin or extent is directly or indirectly, proximately
or remotely, occasioned by or contributed to by any of the following occurrences, or which, either in whole or in part, arises
directly or indirectly, proximately or remotely, arises out of or in connection with any of such occurrences, namely :—
(1) Earthquake, volcanic eruption, typhoon, hurricane, tornado, cyclone or other convulsion of nature or
atmospheric disturbance.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, mutiny,
riot, civil commotion, insurrection, rebellion, revolution, conspiracy, military or usurped power, martial law or state of
siege, or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
Any loss or damage happening during the existence of abnormal conditions (whether physical or otherwise), directly
or indirectly, proximately or remotely, occasioned by or contributed to by or arising out of or in connection with any of the
said occurrences shall be deemed to be loss or damage which is not covered by this insurance, except to the extent that the
Insured shall prove that such loss or damage happened independently of the existence of such abnormal conditions.
In any action, suit or other proceeding, where the Company alleges that by reason of the provisions of this Condition
any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon
the Insured.
7. Unless otherwise expressly stated in the Policy this insurance does not cover :—
(a) Goods held in trust or on commission.
(b) Bullion or unset precious stones.
(c) Any curiosity or work of art for an amount exceeding £20.
(d) Manuscripts, plans, drawings, or designs, patterns, models or moulds.
(e) Securities, obligations, or documents of any kind, stamps, coined or paper money, cheques, books of account or
other business books.
(f) Coal, against loss or damage occasioned by its own spontaneous combustion.
(g) Explosives.
(h) Any loss or damage occasioned by or through or in consequence of the burning, whether accidental or otherwise,
of gas used for illuminating or domestic purposes in any building in which property is insured hereunder, or which
form part of any gas works, will be deemed to be loss or damage by fire within the meaning of this Policy.
(i) Any loss or damage occasioned by or through or in consequence of the burning of property by order of any public authority
of forests, bush, prairie, pampas or jungle, and the clearing of lands by fire.
8. Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the
Insured, before the occurrence of any loss or damage, obtains the sanction of the Company signified by endorsement upon
the Policy, by or on behalf of the Company.
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other circumstances
affecting the building insured or containing the insured property be changed in such a way as to increase the
risk of loss or damage by fire.
(b) If the building insured or containing the insured property become unoccupied and so remain for a period of
more than 30 days.
(c) If property insured be removed to any building or place other than that in which it is herein stated to be insured.
(d) If the interest in the property insured pass from the Insured otherwise than by will or operation of law.
9. This insurance does not cover any loss or damage to property which, at the time of the happening of such loss or
damage, is insured by or would, but for the existence of this Policy, be insured by any marine policy or policies except in
respect of any excess beyond the amount which would have been payable under the marine policy or policies had this
insurance not been effected.
10. This insurance may be terminated at any time at the request of the Insured, in which case the Company will retain
the customary short period rate for the time the Policy has been in force. ⟦...⟧
THE RT. HON. OLIVER LYTTELTON, D.S.O., M.C., M.P.
THE HON. G. W. B. PORTMAN.
THE EARL OF ROSEBERY, K.T., P.C., D.S.O., M.C.
HARRY SALMON.
ARTHUR JAMES STEWART TODD.
THE LORD WARDINGTON.
E. C. T. CARDEN, General Manager.
K. GRIFFITS, Deputy General Manager.
W. T. ANDERSON, Assistant Manager, Fire Department.
R. H. BEALE, Assistant Manager, Fire Department.
R. L. BARNETT, Secretary.
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
Fire Policy No.: 8205655
Name:
Agency: EZRA M. HAKKAK & SONS, LTD.,
Location: BAGHDAD,
Country: IRAQ.
* The Policy should be examined, and in the event of any error being found, it should be
immediately returned to be rectified. If Insurances on the same Property are being, or
have been, effected, it should be seen that the wording and terms of the Policies coincide,
so that, in the event of a loss, delay in the settlement may be avoided.
The conditions and texts mentioned in this policy are as follows:-
EZRA M. ⟦...⟧ & SONS
BAGDAD L.L.C.
⟦illegible⟧
1 - If a material discrepancy is found in the description of any of the property insured hereby or in the description of the building or place where the property
aforesaid may be, or if an incorrect statement is found regarding a matter the knowledge of which is material for estimating the risk, or if it is found that such matter was omitted to be mentioned,
then the company shall not be liable under this policy in respect of the property regarding which the discrepant description, incorrect statement,
or omission aforesaid occurred.
2 - No payment for insurance premium shall be considered a payment to the company unless a printed receipt form is given to the insured for it, signed
by an employee of the company or a duly appointed agent thereof.
3 - The insured must inform the company of every insurance transaction that has previously occurred or may occur hereafter, or of all such transactions if they pertain
to any of the property insured hereby, and all rights under this policy shall be forfeited if the said notification is not made and the details of the
insurance transaction or transactions aforesaid are not included in this policy or do not appear thereon by the company or its representative before
the occurrence of any loss or damage.
4 - Every insurance under this policy:-
(1) On any building or part thereof
(2) On any property contained in any building
(3) On rent expenditure or any other aspect of insurance related to any building or any property contained in any building
terminates immediately upon the fall or displacement of:-
(a) The said building or any part thereof
(b) All or part of the range of buildings or structures of which that building forms a part
provided that the said fall or displacement applies to the whole of the said building or to a comprehensive or significant part thereof
or that it impairs the utility thereof or the utility of a part thereof, or makes the said building or a part thereof or any property contained therein exposed
to a greater fire risk than before, or otherwise has a material effect.
It is also stipulated that the said fall or displacement must not have been caused by a fire for which the loss or damage resulting therefrom is covered by this policy,
or would have been covered if the said building were insured under this policy, or if the range of buildings or structures
aforesaid were insured under it.
In every claim or other proceeding, the cost of proving that the fall or displacement was caused by fire as aforesaid shall fall upon the insured.
5 - This insurance does not cover:-
(a) Loss resulting from theft during or after the occurrence of a fire.
(b) Loss or damage to property if it arises from its own fermentation, natural heating, or working according to its nature
(except as provided in paragraph (f) of Condition 7) or if it occurs as a result of a heating or drying process applied to it.
(c) Loss or damage arising due to or as a result of:-
(1) Burning of property by order of a public authority.
(2) Underground fire.
6 - This insurance does not cover loss or damage which, either in its origin or in its amount, has arisen from or is related
directly or indirectly to one of the following events, or resulted from them as a proximate or remote consequence, or for which those events
were the proximate or remote, direct or indirect causes, whether in its origin or in its amount, and those events are:-
(1) Earthquake, volcanic eruption, typhoons, cyclones, storms, and other natural disturbances or atmospheric disturbances.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), mutiny,
riot, civil commotion, revolution, conspiracy, military or naval or usurped power, martial law, or any
events or causes which necessitate the proclamation or maintenance of martial law.
ordinary for the period during which this policy remained in force. This insurance may also be terminated at any time at the company's option
by giving notice to the insured, and in such case the company shall be liable to return on demand a proportionate part of the premium for
the unexpired term from the date of cancellation.
11 - Upon the occurrence of any loss or damage, the insured must inform the company thereof immediately and within fifteen days after
the loss or damage, or within such further time as the company may allow in writing in this regard, deliver to the company:-
(a) A written claim for the loss or damage containing as detailed a description as is reasonably practicable of all the items
or separate particulars of the property damaged or destroyed and the amount of loss or damage sustained therein as the case may be,
having regard to its value at the time of the loss or damage, without including any kind of profit.
(b) Particulars of all other insurances, if any.
The insured shall also produce, procure, and give to the company at all times at his own expense all particulars, plans,
designs, books, vouchers, invoices, and duplicates or copies thereof, and other statements and information regarding
the claim and the origin and cause of the fire and the circumstances under which the loss or damage occurred, and every matter relating to the company's liability or the amount
of its liability as may be reasonably required by or on behalf of the company, together with a declaration on oath or in other legal form
stating the truth of the claim and all matters relating thereto.
No claim under this policy shall be payable unless the terms of this condition have been complied with.
12 - Upon the occurrence of any loss or damage to any property insured under this policy, the company may:-
(a) Enter the building or place where the loss or damage occurred and place and keep it at its disposal.
(b) Take possession of or require to be delivered to it any property of the insured in the building or place at the time of the loss or damage.
(c) Keep possession of the said property and examine, sort, arrange, remove, or otherwise deal with it.
(d) Sell the said property or deal with it for the account of whom it may concern.
The powers conferred by this condition may be exercised by the company at any time even if the insured gives notice in writing that he makes no claim
under this policy, and if any claim has been made, the said powers shall be exercised until the said claim is finally settled
or withdrawn, and the company shall not incur any liability toward the insured by any act done in the exercise or intended exercise of its said powers,
nor shall it affect its right to rely on any of the conditions of this policy in response to any claim.
If the insured or his representative does not comply with the company's requirements or prevents the company from exercising its powers under this condition or
obstructs it, all rights under this policy shall be forfeited.
The insured shall not in any case have the right to abandon any property to the company, whether the company has taken possession of it or not.
13 - If the claim is fraudulent in any respect, or if a false statement is made or used in support thereof, or if fraudulent means or
devices are used by the insured or his representative to obtain any benefit under this policy, or if the loss
or damage is caused by the willful act of the insured or with his connivance, or if the claim is submitted and received and no action is brought within
three months from the date of the said rejection, or within three months from the date of the award of the arbitrator or arbitrators or umpire
in case an arbitration takes place under Condition 18 of this policy, then all rights under this policy shall be forfeited.
14 - The company has the option to reinstate the damaged or destroyed property or any part thereof or replace it instead of paying the amount of loss or
damage, and it may agree with any other company or other insurers to do so, but the company is not bound to carry out the said reinstatement
exactly or completely, but only as far as circumstances permit and in a reasonably sufficient manner, and in any case the company
is not bound to spend on the said reinstatement more than it would have cost to reinstate the said property as it was at the time of the occurrence of the loss or damage
aforesaid, nor more than the sum insured by the company thereon.
If the company chooses to reinstate or replace any property as aforesaid, the insured must provide the company at his own expense with plans, designs,
6 - This insurance does not cover loss or damage which, either in its origin or in its amount, has arisen from or is related
directly or indirectly to one of the following events, or resulted from them as a proximate or remote consequence, or for which those events
were the proximate or remote, direct or indirect causes, whether in its origin or in its amount, and those events are:-
(1) Earthquake, volcanic eruption, typhoons, cyclones, storms, and other natural disturbances or atmospheric disturbances.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), mutiny,
riot, civil commotion, revolution, conspiracy, military or naval or consular power, martial law, or any
events or causes which necessitate the proclamation or maintenance of martial law.
Any loss or damage occurring during the existence of abnormal conditions (whether physical or otherwise) which was directly or indirectly
a proximate or remote result of one of the said events, or for which those events were causes or related to it in a
direct or indirect, proximate or remote manner, shall be considered loss or damage not covered by this policy except to the extent that the insured proves
that the said loss or damage occurred independently of the existence of the said abnormal conditions.
In every claim or other proceeding, whenever the company alleges that the loss or damage is not covered by this insurance due to the provisions of this condition,
the cost of proving that the insurance covers the loss or damage shall fall upon the insured.
7 - This insurance does not cover the following items unless expressly stated otherwise in this policy, namely:-
(a) Goods held in trust or on commission.
(b) Bullion and unset precious stones.
(c) Curiosities and works of art for an amount exceeding twenty pounds.
(d) Manuscripts, maps, drawings, patterns, and models.
(e) Shares, bonds, and papers of any kind, stamps, coins, banknotes, checks, account books,
and other business books.
(f) Coal, in respect of loss or damage caused by its own spontaneous combustion.
(g) Explosive materials.
(h) Any loss or damage caused by, through, or in consequence of explosion; however, loss or damage caused by the explosion of gas
used for lighting or domestic purposes in a building where gas is not generated and which does not form part of a gasworks shall be considered damage
arising from fire within the meaning of this policy.
(i) Any loss or damage caused by, through, or in consequence of the burning of forests, bush, jungle, and prairies, or from
clearing land by fire, whether accidental or otherwise.
8 - Under any of the following circumstances, the insurance ceases to attach to the property insured unless the insured obtains the company's confirmation
by endorsement by it or on its behalf on this policy before the occurrence of loss or damage, namely:-
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of the building insured or containing the property insured
or other circumstances affecting it be changed in such a way as to increase the risk of loss or damage by fire.
(b) If the building insured or containing the property insured becomes unoccupied and remains so for a period exceeding thirty days.
(c) If the property insured be removed to any building or place other than that in which it is stated in this policy to be insured.
(d) If the interest of the insured in the property insured passes from him otherwise than by will or operation of law.
9 - This insurance does not cover any loss or damage to property which at the time of the occurrence of the loss or damage is or would be insured
at that time by a marine policy or policies but for this policy, except in respect of any excess beyond the amount which would have been
payable under the said marine policy or policies had this insurance not been effected.
10 - This insurance may be terminated at any time at the request of the insured, and in such case the company shall retain the premium according to short-period rates.
three months from the date of the said rejection, or within three months from the date of the award of the arbitrator or arbitrators or umpire
in case an arbitration takes place under Condition 18 of this policy, then all rights under this policy shall be forfeited.
14 - The company has the option to reinstate the damaged or destroyed property or any part thereof or replace it instead of paying the amount of loss or
damage, and it may agree with any other company or other insurers to do so, but the company is not bound to carry out the said reinstatement
exactly or completely, but only as far as circumstances permit and in a reasonably sufficient manner, and in any case the company
is not bound to spend on the said reinstatement more than it would have cost to reinstate the said property as it was at the time of the occurrence of the loss or damage
aforesaid, nor more than the sum insured by the company thereon.
If the company chooses to reinstate or replace any property as aforesaid, the insured must provide the company at his own expense with plans, designs,
measurements, quantities, and other details required by the company, and all acts done or ordered to be done by the company
with a view to the said reinstatement or replacement shall not be deemed an election by the company to reinstate or replace.
If the company is unable to reinstate or repair the property insured in any case due to existing municipal regulations
or otherwise regarding the alignment of streets or construction of buildings or otherwise, the company shall only be bound in every case to
pay the amount that would have been required to reinstate or repair the said property if it could lawfully be reinstated to its former condition.
15 - The insured shall do and concur in doing and permit to be done all such acts and things as may be necessary or as may be reasonably required by the company
at the expense of the company for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity
from other parties to which the company shall be or would become entitled or subrogated upon its paying for or making good any loss or damage under this
policy, whether such acts and things shall be or become necessary or required before or after indemnification by the company.
16 - If at the time of the occurrence of any loss or damage to any property insured hereby there be any other insurance or insurances in force covering the same
property, whether effected by the insured or any other person or persons, then this company shall not be liable to pay or contribute
more than its ratable proportion of such loss or damage.
17 - If the property insured shall, at the breaking out of any fire, be collectively of greater value than the sum insured thereon, then the insured shall be considered as being his own insurer
for the difference and shall bear a ratable share of the loss accordingly. Every item of the policy, if there be
more than one, shall be separately subject to this condition.
18 - If any difference arises as to the amount of loss or damage, such difference shall independently of all other questions be referred for decision
to an arbitrator appointed in writing by the two parties, and if they cannot agree on a single arbitrator, to two disinterested persons as
arbitrators, one to be appointed by each of the parties in writing within two calendar months after being required in writing
so to do by the other party. If either party refuses to appoint an arbitrator or fails to appoint one within two calendar months after receipt of a written
notice to that effect, the other party shall be at liberty to appoint a sole arbitrator. In case of disagreement between the arbitrators, the difference between them shall be referred for decision to
a third umpire who shall have been appointed by them in writing before entering upon the arbitration and who shall sit with the arbitrators and preside over their meetings.
The death of either party shall not revoke or affect the authority or power of the arbitrator, arbitrators, or umpire. And if
any arbitrator or umpire dies, another shall be appointed in his place in every case by the party who appointed the deceased arbitrator or umpire, or by those
who appointed him from the parties or arbitrators as the case may be. The costs of the arbitration and the award shall be at the discretion of the arbitrator, arbitrators,
or umpire making the award. It is hereby expressly stipulated and declared that the obtaining of an award from the arbitrator,
arbitrators, or umpire as to the amount of the loss or damage in dispute shall be a condition precedent to any right of action
under this policy.
19 - The company shall not be liable in any case for any loss or damage after the expiration of twelve months from the occurrence of
the loss or damage unless the claim is the subject of pending action or arbitration.
20 - Every notice, warning, or communication to the company required by these conditions must be in writing or printed.
In case of discrepancy between the Arabic and English texts in this policy, the English text shall prevail.
Alliance Assurance Company Limited
Dinars Insurance Premium:
Dinars Refundable amount upon cancellation of the policy:
Dinars Net insurance premium for the first period:
Policy Number:
Renewal Period:
Renewal Insurance Premium: Dinars
1824
MULTI SOCIETATE TUTIORES
(Established in England)
Assets exceed thirty-five million pounds
Head Office - Bartholomew Lane, London E.C. 2
Marine Department - 40 Lime Street, London E.C. 3
This insurance policy witnesses that
(hereinafter called the Insured) upon paying to the said Alliance Company (hereinafter called the Company) the insurance premium mentioned above for the insurance of the following property for the first period and in the manner set forth below, and that
The Company shall in no case be liable for more than the value of the property insured under this policy at the time of the occurrence of the loss or damage, even if there is a legal provision to the contrary or despite any condition of this policy.
The Company agrees with the Insured (subject to the conditions endorsed on this paper which must be considered part of this policy) that if the property described above or any part thereof, after payment of the insurance premium, is destroyed or damaged by fire or lightning at any time between the day ⟦line⟧ of ⟦line⟧ and four o'clock in the afternoon of the day ⟦line⟧ of ⟦line⟧ or from the last day of any subsequent period for which the Insured has paid to the Company the amount required by it for the renewal of this policy, if accepted by the Company, the Company shall compensate by way of payment, reinstatement, or repair all such loss or damage to an amount not exceeding, in respect of each item listed in this policy, the amount specified above against that item and not exceeding in total the sum of ⟦line⟧
In witness whereof, we, the authorized agents of the said Company, have signed our names on the day ⟦line⟧ of ⟦line⟧ in the year one thousand ⟦line⟧ nine hundred and ⟦line⟧
On behalf of Alliance Assurance Company Limited
For Ezra M. Hakkak & Sons Company Limited
Manager
Alliance
Assurance Company, Limited.
(INCORPORATED IN ENGLAND.)
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
FIRE POLICY No.: 8205657
RENEWAL PERIOD: 3rd February 1959
RENEWAL PREMIUM: ID.4.000
PREMIUM: ID.4.000
Less Return on Cancelled Policy:
Net Premium for First Period: ID.4.000
This Policy of Insurance Witnesseth THAT IN CONSIDERATION OF
The Jewish Lay Council
(hereinafter called the Insured) paying to the ALLIANCE ASSURANCE COMPANY, LIMITED (hereinafter called the Company), the Premium above mentioned, for insuring for the first period and as hereinafter mentioned, the following property, viz. :—
IRAQ DINARS EIGHTHUNDRED ONLY
On the building of a house used as a dairy ( Excluding plinths, foundations, and pavements) built of bricks with roofs of bricks and/or mud on chandals bearing No 40D/233, situate at Senak Street, Baghdad.
Lighting and heating by coal, kerosene, and/or electricity allowed in the above-mentioned premises
EZRA M. H. HAKKAK & SONS
LTD. C.
Ezra M. Hakkak and Sons
Limited Liability
Baghdad
BAGHDAD
Notwithstanding any provision of law to the contrary or any provisions hereof the Company shall in no event be liable for more than the value of the property insured hereby at the time of any loss or damage happening thereto.
The Company agree with the Insured (subject to the Terms and Conditions endorsed hereon, which are to be taken as part of the Policy) that if after payment of the Premium the Property above described, or any part thereof, shall be destroyed or damaged by Fire or Lightning, at any time between the Third day of February 1958, and Four o'clock in the Afternoon of the THIRDeight day of February 1959, or of the last day of any subsequent period in respect of which the Insured shall pay to the Company, and the Company shall accept the sum required by the Company for the renewal of this Policy, the Company will make good by payment or re-instatement or repair, all such loss or damage, to an amount not exceeding in respect of the several matters specified in this Policy the sum set opposite thereto respectively, and not exceeding in the whole the sum of IRAQ DINARS EIGHTHUNDRED ONLY
In Witness whereof, we being the Authorised Agents of the said Company, have hereunto set our hand this Third day of February in the year One Thousand Nine Hundred and Fiftyeight
for EZRA M. HAKKAK & SONS, LTD., Liability Co
⟦signature⟧
Manager <del>Director</del>
Form No. 595 F
March 1943
F.—Average—April, 1933.
CONDITIONS.
1. If there be any material misdescription of any of the property hereby insured, or of any building or place in which such property is contained, or any misrepresentation as to any fact material to be known for estimating the risk, or any omission to state such fact, the Company shall not be liable upon this Policy so far as it relates to property affected by any such misdescription, misrepresentation or omission.
2. No payment in respect of any premium shall be deemed to be payment to the Company unless a printed form of receipt for the same signed by an Official or duly appointed Agent of the Company shall have been given to the Insured.
3. The Insured shall give notice to the Company of any insurance or insurances already effected, or which may subsequently be effected, covering any of the property hereby insured, and unless such notice be given and the particulars of such insurance or insurances be stated in or endorsed on this Policy by or on behalf of the Company before the occurrence of any loss or damage, all benefit under this Policy shall be forfeited.
4. All insurance under this Policy—
(1) on any building or part of any building,
(2) on any property contained in any building,
(3) on rent or other subject matter of insurance in respect of or in connection with any building or any property contained in any building,
shall cease immediately upon any fall or displacement
(a) of such building or of any part thereof,
(b) of the whole or any part of any range of buildings or of any structure of which such building forms part,
PROVIDED THAT such fall or displacement is of the whole or a substantial or important part of such building or impairs the usefulness of such building or any part thereof or leaves such building or any part thereof or any property contained therein subject to increased risk of fire or is otherwise material.
AND PROVIDED that such fall or displacement is not caused by fire, loss or damage by which is covered by this Policy or would be covered if such building, range of buildings or structure were insured under this Policy.
In any action, suit or other proceeding, the burden of proving that any fall or displacement is caused by fire as aforesaid shall be upon the Insured.
5. This insurance does not cover
(a) Loss by theft during or after the occurrence of a fire.
(b) Loss or damage to property occasioned by its own fermentation, natural heating or spontaneous combustion (except as may be provided in accordance with Condition 7 (f)), or by its undergoing any heating or drying process.
(c) Loss or damage occasioned by or through or in consequence of
(1) The burning of property by order of any public authority.
(2) Subterranean Fire.
6. This insurance does not cover any loss or damage which either in origin or extent is directly or indirectly, proximately or remotely, occasioned by or contributed to by any of the following occurrences, or which, either in origin or extent directly or indirectly, proximately or remotely, arises out of or in connection with any of such occurrences, namely:—
(1) Earthquake, volcanic eruption, typhoon, hurricane, tornado, cyclone, or other convulsion of nature or atmospheric disturbance.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), mutiny, riot, civil commotion, insurrection, rebellion, revolution, conspiracy, military, or usurped power, martial law or state of siege, or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
In any action, suit or other proceeding, where the Company alleges that by reason of the provisions of this Condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured.
7. Unless otherwise expressly stated in the Policy this insurance does not cover
(a) Goods held in trust or on commission.
(b) Bullion or unset precious stones.
(c) Any curiosity or work of art for an amount exceeding £20.
(d) Manuscripts, plans, drawings, or designs, patterns, models or moulds.
(e) Securities, obligations, or documents of any kind, stamps, coined or paper money, cheques, books of account or other business books.
(f) Coal, against loss or damage occasioned by its own spontaneous combustion.
(g) Explosives.
(h) Any loss or damage occasioned by or through or in consequence of explosion; but loss or damage by explosion of gas used for illuminating or domestic purposes in a building in which gas is not generated and which does not form part of any gas works, will be deemed to be loss by fire within the meaning of this Policy.
(i) Any loss or damage occasioned by or through or in consequence of the burning, whether accidental or otherwise, of forests, bush, prairie, pampas or jungle, and the clearing of lands by fire.
8. Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the Insured, before the occurrence of any loss or damage, obtains the sanction of the Company signified by endorsement upon the Policy, by or on behalf of the Company:—
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other circumstances affecting the building insured or containing the insured property be changed in such a way as to increase the risk of loss or damage by fire.
(b) If the building insured or containing the insured property become unoccupied and so remain for a period of more than 30 days.
(c) If property insured be removed to any building or place other than that in which it is herein stated to be insured.
(d) If the interest in the property insured pass from the Insured otherwise than by will or operation of law.
9. This insurance does not cover any loss or damage to property which, at the time of the happening of such loss or damage, is insured by or would, but for the existence of this Policy, be insured by any Marine Policy or Policies except in respect of any excess beyond the amount which would have been payable under the Marine Policy or Policies had this insurance not been effected.
10. This insurance may be terminated at any time at the request of the Insured, in which case the Company will retain the customary short period rate for the time the Policy has been in force. This insurance may also at any time be terminated at the option of the Company, on notice to that effect being given to the Insured, in which case the Company shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancelment.
11. On the happening of any loss or damage the Insured shall forthwith give notice thereof to the Company, and shall within 15 days after the loss or damage, or such further time as the Company may in writing allow in that behalf, deliver to the Company
(a) a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of all the several articles or items of property damaged or destroyed, and of the amount of the loss or damage thereto respectively, having regard to their value at the time of the loss or damage, not including profit of any kind.
(b) particulars of all other insurances, if any.
The Insured shall also at all times at his own expense produce, procure and give to the Company all such further particulars, plans, specifications, books, vouchers, invoices, duplicates or copies thereof, documents, proofs and information with respect to the claim and the origin and cause of the fire and the circumstances under which the loss or damage occurred, and any matter touching the liability or the amount of the liability of the Company as may be reasonably required by or on behalf of the Company together with a declaration on oath or in other legal form of the truth of the claim and of any matters connected therewith.
No claim under this Policy shall be payable unless the terms of this Condition have been complied with.
12. On the happening of any loss or damage to any of the property insured by this Policy, the Company may
(a) enter and take and keep possession of the building or premises where the loss or damage has happened.
(b) take possession of or require to be delivered to it any property of the Insured in the building or on the premises at the time of the loss or damage.
(c) keep possession of any such property and examine, sort, arrange, remove, or otherwise deal with the same.
(d) sell any such property or dispose of the same for account of whom it may concern.
The powers conferred by this Condition shall be exercisable by the Company at any time until notice in writing is given by the Insured that he makes no claim under the Policy or, if any claim is made, until such claim is finally determined or withdrawn, and the Company shall not by any act done in the exercise or purported exercise of its powers hereunder, incur any liability to the Insured or diminish its right to rely upon any of the conditions of this Policy in answer to any claim.
If the Insured or any person on his behalf shall not comply with the requirements of the Company or shall hinder or obstruct the Company in the exercise of its powers hereunder, all benefit under this Policy shall be forfeited.
The Insured shall not in any case be entitled to abandon any property to the Company whether taken possession of by the Company or not.
13. If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof, or if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain any benefit under this Policy; or, if the loss or damage be occasioned by the wilful act, or with the connivance of the Insured; or, if the claim be made and rejected and an action or suit be not commenced within three months after such rejection, or (in case of an arbitration taking place in pursuance of the 18th Condition of this Policy) within three months after the arbitrator or arbitrators or umpire shall have made their award, all benefit under this Policy shall be forfeited.
14. The Company may at its option reinstate or replace the property damaged or destroyed, or any part thereof, instead of paying the amount of the loss or damage, or may join with any other Company or Insurers in so doing, but the Company shall not be bound to reinstate exactly or completely, but only as circumstances permit and in reasonably sufficient manner, and in no case shall the Company be bound to expend more in reinstatement than it would have cost to reinstate such property as it was at the time of the occurrence of such loss or damage, nor more than the sum insured by the Company thereon.
If the Company so elect to reinstate or replace any property the Insured shall, at his own expense, furnish the Company with such plans, specifications, measurements, quantities, and such other particulars as the Company may require, and no acts done, or caused to be done by the Company with a view to reinstatement or replacement shall be deemed an election by the Company to reinstate or replace.
If in any case the Company shall be unable to reinstate or repair the property hereby insured, because of any municipal or other regulations in force affecting the alignment of streets, or the construction of buildings, or otherwise, the Company shall, in every such case, only be liable to pay such sum as would be requisite to reinstate or repair such property if the same could lawfully be reinstated to its former condition.
15. The Insured shall, at the expense of the Company, do, and concur in doing, and permit to be done, all such acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Company shall be or would become entitled or subrogated, upon its paying for or making good any loss or damage under this Policy, whether such acts and things shall be or become necessary or required before or after his indemnification by the Company.
16. If at the time of any loss or damage happening to any property hereby insured, there be any other subsisting insurance or insurances, whether effected by the Insured or by any other person or persons, covering the same property, this Company shall not be liable to pay or contribute more than its ratable proportion of such loss or damage.
17. If the property hereby insured shall, at the breaking out of any fire, be collectively of greater value than the sum insured thereon, then the Insured shall be considered as being his own insurer for the difference, and shall bear a ratable proportion of the loss accordingly. Every item, if more than one, of the Policy shall be separately subject to this Condition.
18. If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an arbitrator, to be appointed in writing by the parties in difference, or, if they cannot agree upon a single arbitrator, to the decision of two disinterested persons as arbitrators, of whom one shall be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party. In case either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint a sole arbitrator; and in case of disagreement between the arbitrators, the difference shall be referred to the decision of an umpire who shall have been appointed by them in writing before entering on the reference and who shall sit with the arbitrators and preside at their meetings. The death of any party shall not revoke or affect the authority or powers of the arbitrator, arbitrators or umpire respectively; and in the event of the death of an arbitrator or umpire, another shall in each case be appointed in his stead by the party or arbitrators (as the case may be) by whom the arbitrator or umpire so dying was appointed. The costs of the reference and of the award shall be in the discretion of the arbitrator, arbitrators or umpire making the award. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such arbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained.
19. In no case whatever shall the Company be liable for any loss or damage after the expiration of twelve months from the happening of the loss or damage unless the claim is the subject of pending action or arbitration.
20. Every notice and other communication to the Company required by these Conditions must be written or printed.
ALLIANCE
ASSURANCE COMPANY, LIMITED.
(INCORPORATED IN ENGLAND).
DIRECTORS.
RICHARD DURANT TROTTER, Chairman.
ANTHONY G. DE ROTHSCHILD, Deputy Chairman.
THE LORD ASHBURTON.
SIR VINCENT BADDELEY, K.C.B.
THE VISCOUNT BEARSTED, M.C.
THE EARL OF BESSBOROUGH, P.C., G.C.M.G.
SIR ERIC VANSITTART BOWATER.
SIR ROBERT A. BURROWS.
ALFRED FOWELL BUXTON.
THE DUKE OF DEVONSHIRE, K.G.
MAJOR GERALD M. A. ELLIS.
THE LORD HOWARD DE WALDEN.
W. J. KESWICK.
THE RT. HON. OLIVER LYTTELTON, D.S.O., M.C., M.P.
THE HON. G. W. B. PORTMAN.
THE EARL OF ROSEBERY, K.T., P.C., D.S.O., M.C.
HARRY SALMON.
ARTHUR JAMES STEWART TODD.
THE LORD WARDINGTON.
E. C. T. CARDEN, General Manager.
K. GRIFFITS, Deputy General Manager.
W. T. ANDERSON, Assistant Manager, Fire Department.
R. H. BEALE, Assistant Manager, Fire Department.
R. L. BARNETT, Secretary.
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
* The Policy should be examined, and in the event of any error being found, immediately returned to be rectified. If Insurances on the same Property are being, or have been, effected, it should be seen that the wording and terms of the Policies coincide, so that, in the event of a loss, delay in the settlement may be avoided.
The conditions and texts mentioned in this policy are as follows:-
1 - If a material discrepancy is found in the description of any of the property insured hereby or in the description of the building or place where the
said property may be, or if an incorrect statement is found regarding any matter whose knowledge is material for assessing the risk, or if it is found that such matter has been stated -
then the company shall not be liable under this policy in respect of the property for which the conflicting description, incorrect statement,
or mentioned negligence occurred.
2 - No writing for the insurance premium shall be considered payment to the company unless a printed receipt form is given to the insured for it, signed
by an employee of the company or an agent thereof duly authorized.
3 - The insured must inform the company of every insurance transaction that has previously occurred or may occur thereafter, or of all such transactions if they pertain
to any of the property insured hereby, and all rights under this policy shall be forfeited if the said notification is not made and the details of the
said insurance transaction or transactions are not included in this policy or do not appear on it by the company or its representative before
the occurrence of any loss or damage.
4 - Every insurance under this policy:-
(1) On any building or part thereof
(2) On any property contained in any building
(3) On rent of a building or any other aspect of insurance regarding any building or any property contained in any building
terminates immediately upon the fall or displacement of:-
(a) The said building or any part thereof
(b) All or part of the range of buildings or structures of which that building forms a part
provided that the said fall or displacement applies to the whole of the said building or to a substantial or important part thereof
or that it impairs the utility thereof or the utility of a part thereof, or that it makes the said building or a part thereof or any property contained therein exposed
to a greater fire risk than before or has a material effect in another way.
It is also stipulated that the said fall or displacement must not have been caused by a fire for which this policy covers the loss or damage
resulting therefrom, or would have covered it if the said building were insured under this policy or if the said range of buildings or structures
were insured under it.
In every claim or other proceeding, the cost of proving that the fall or displacement was caused by fire as aforementioned shall fall upon the insured.
5 - This insurance does not cover:-
(a) Loss resulting from theft during the fire or after its occurrence.
(b) Loss or damage to property if it arises from its own fermentation, its own natural heating, or spontaneous combustion
(except as provided in paragraph (f) of Condition 7) or if it occurs as a result of a heating or drying process applied to it.
(c) Loss or damage arising due to or as a result of:-
(1) Burning of property by order of a public authority.
(2) Underground fire.
6 - This insurance does not cover loss or damage which, either in its origin or in its amount, has arisen from or is related
directly or indirectly to any of the following events, or resulted from them as a proximate or remote consequence, or for which those events
were the proximate or remote direct or indirect causes, whether in its origin or in its amount, and those events are:-
(1) Earthquake, volcanic eruption, typhoons, cyclones, storms, and other natural disturbances or atmospheric disturbances.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), mutiny,
riot, civil commotion, revolution, conspiracy, military or naval or usurped power, martial law, or any
events or causes which determine the proclamation or maintenance of martial law.
Any loss or damage occurring during the existence of abnormal conditions (whether physical or otherwise) which was caused directly or
indirectly, as a proximate or remote consequence of any of the aforementioned events, those events shall be considered causes of it or related to it
directly or indirectly, proximately or remotely, in determining the loss or damage not covered by this policy except to the extent that the insured
proves that the said loss or damage occurred independently of the existence of the said abnormal conditions.
In every claim or other proceeding where the company alleges that the loss or damage is not covered by this insurance due to the provisions of this condition,
the cost of proving that the insurance covers the loss or damage shall fall upon the insured.
7 - This insurance does not cover the following items unless expressly stated otherwise in this policy, namely:-
(a) Goods held in trust or on commission.
(b) Bullion and unset precious stones.
(c) Curiosities and works of art for an amount exceeding twenty pounds.
(d) Manuscripts, maps, drawings, patterns, and molds.
(e) Shares, bonds, and papers of any kind, stamps, coins, banknotes, cheques, and account books
and other business books.
(f) Coal, in respect of loss or damage caused by its own spontaneous combustion.
(g) Explosive materials.
(h) Any loss or damage caused by, through, or in consequence of explosion; however, loss or damage caused by the explosion of gas
used for lighting or domestic purposes in a building in which gas is not generated and which does not form part of a gas works shall be deemed damage
caused by fire within the meaning of this policy.
(i) Any loss or damage caused by, through, or in consequence of the burning of forests, bush, jungle, and prairies, or the
clearing of land by fire, whether accidental or otherwise.
8 - In any of the following circumstances, the insurance ceases to attach to the property mentioned unless the insured obtains the company's confirmation
by endorsement by it or on its behalf on this policy before the occurrence of loss or damage, namely:-
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other circumstances affecting the insured building or containing the insured property
be changed in such a way as to increase the risk of loss or damage by fire.
(b) If the building insured or containing the insured property becomes unoccupied and remains so for a period exceeding thirty days.
(c) If the property insured be removed to any building or place other than that in which it is stated in this policy to be insured.
(d) If the interest of the insured in the property insured passes from him otherwise than by will or operation of law.
9 - This insurance does not cover any loss or damage to property which at the time of the occurrence of such loss or damage is insured, or would but for
the existence of this policy be insured, by any marine policy or policies, except in respect of any excess beyond the amount which would have been
payable under the said marine policy or policies had this insurance not been effected.
10 - This insurance may be terminated at any time at the request of the insured, in which case the company shall retain the premium according to the customary short period rate
for the time the policy has been in force. This insurance may also be terminated at any time at the option of the company
by giving notice to the insured, in which case the company shall be liable to repay on demand a ratable proportion of the premium for
the unexpired term from the date of cancellation.
11 - On the occurrence of any loss or damage, the insured shall forthwith give notice thereof to the company and shall within fifteen days after
the loss or damage, or such further time as the company may in writing allow in that behalf, deliver to the company:-
(a) A claim in writing for the loss or damage containing as particular an account as may be reasonably practicable of all the several articles
or items of property damaged or destroyed, and of the amount of the loss or damage thereto respectively, having
regard to their value at the time of the loss or damage, not including profit of any kind.
(b) Particulars of all other insurances, if any.
The insured shall also at all times at his own expense produce, procure, and give to the company all such particulars, plans,
specifications, books, vouchers, invoices, and duplicates or copies thereof, documents, proofs, and information with respect
to the claim and the origin and cause of the fire and the circumstances under which the loss or damage occurred, and any matter touching the liability or the amount
of the liability of the company as may be reasonably required by or on behalf of the company together with a declaration on oath or in other legal
form of the truth of the claim and of any matters connected therewith.
No claim under this policy shall be payable unless the terms of this condition have been complied with.
12 - On the occurrence of any loss or damage to any property insured under this policy, the company may:-
(a) Enter the building or place where the loss or damage has happened and take and keep possession of it.
(b) Take possession of or require to be delivered to it any property of the insured in the building or on the premises at the time of the loss or damage.
(c) Keep possession of the said property and examine, sort, arrange, remove, or otherwise deal with it.
(d) Sell the said property or dispose of it for the account of whom it may concern.
The powers conferred by this condition may be exercised by the company at any time even if the insured has denied that the company is liable
for anything under this policy, and if any claim has been made, upon the withdrawal by the insured or if the said claim is finally proved
or cancelled or withdrawn, the company shall not incur any liability to the insured by any act done in the exercise or intended exercise of its said powers,
nor shall this affect its right to rely on any of the conditions of this policy in answer to any claim.
If the insured or any person on his behalf shall not comply with the requirements of the company or shall hinder or obstruct the company in the exercise of its powers
under this condition, all benefit under this policy shall be forfeited.
The insured shall not in any case be entitled to abandon any property to the company whether taken possession of by the company or not.
13 - If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof, or if any fraudulent means or
devices are used by the insured or any one acting on his behalf to obtain any benefit under this policy, or if the loss
or damage be occasioned by the willful act or with the connivance of the insured, or if the claim be made and rejected and an action or suit be not commenced within
three months after such rejection, or within three months after the award of an arbitrator or arbitrators or umpire
in case of an arbitration taking place under the 18th condition of this policy, all benefit under this policy shall be forfeited.
14 - The company may at its option reinstate or replace the property damaged or destroyed, or any part thereof, instead of paying the amount of the loss or
damage, or may join with any other company or insurers in so doing, but the company shall not be bound to reinstate
exactly or completely, but only as circumstances permit and in reasonably sufficient manner, and in no case shall the company
be bound to expend in reinstatement more than it would have cost to reinstate such property as it was at the time of the occurrence of such loss or damage,
nor more than the sum insured by the company thereon.
If the company elects to reinstate or replace any property, the insured shall at his own expense furnish the company with such plans, specifications,
measurements, quantities, and such other particulars as the company may require, and no acts done or caused to be done by the company
with a view to reinstatement or replacement shall be deemed an election by the company to reinstate or replace.
If in any case the company shall be unable to reinstate or repair the property insured because of any municipal or other regulations
in force regarding the alignment of streets or the construction of buildings or otherwise, the company shall only be liable in every case to
pay such sum as would be required to reinstate or repair such property if the same could lawfully be reinstated to its former condition.
15 - The insured shall, at the expense of the company, do and concur in doing, and permit to be done, all such acts and things as may be necessary or as may be reasonably required by the company
for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the company shall be or would become entitled or subrogated,
upon its paying for or making good any loss or damage under this
policy, whether such acts and things shall be or become necessary or required before or after his indemnification by the company.
16 - If at the time of any loss or damage happening to any property hereby insured there be any other subsisting insurance or insurances, whether effected by the insured
or by any other person or persons, covering the same property, this company shall not be liable to pay or contribute
more than its ratable proportion of such loss or damage.
17 - If the property insured hereby shall, at the breaking out of any fire, be collectively of greater value than the sum insured thereon, then the insured shall be considered as being his own insurer
for the difference and shall bear a ratable share of the loss accordingly. Every item, if more than one, of the policy
shall be separately subject to this condition.
18 - If any difference arises as to the amount of any loss or damage, such difference shall independently of all other questions be referred to the decision
of an arbitrator, to be appointed in writing by the parties in difference, or if they cannot agree upon a single arbitrator, to two disinterested persons
as arbitrators, of whom one shall be appointed in writing by each of the parties within two calendar months after having been required so to do in writing
by the other party. In case either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing
requiring an appointment, the other party shall be at liberty to appoint a sole arbitrator; and in case of disagreement between the arbitrators, the difference shall be referred to the decision
of an umpire who shall have been appointed by them in writing before entering on the reference and who shall sit with the arbitrators and preside at their meetings.
The death of any party shall not revoke or affect the authority or powers of the arbitrator or arbitrators or umpire respectively; and in the
event of the death of an arbitrator or umpire, another shall be appointed in his stead by the party or arbitrators (as the case may be) by whom the
arbitrator or umpire so dying was appointed. The costs of the reference and of the award shall be in the discretion of the arbitrator, arbitrators,
or umpire making the award. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit
upon this policy that the award by such arbitrator, arbitrators, or umpire of the amount of the loss or damage if disputed shall be first obtained.
19 - In no case whatever shall the company be liable for any loss or damage after the expiration of twelve months from the happening of the
loss or damage unless the claim is the subject of pending action or arbitration.
20 - Every notice and other communication to the company required by these conditions must be written or printed.
In these conditions, the Arabic and English texts, the English text shall prevail.
Alliance Assurance Company Limited
Policy No. ⟦line⟧ Dinars, Insurance Premium ⟦line⟧
Renewal period ⟦line⟧ Dinars, the amount to be deducted upon cancellation of the policy ⟦line⟧
Renewal insurance premium ⟦line⟧ Dinars ⟦line⟧ Dinars, net insurance premium for the first period ⟦line⟧
1824
MULTI SOCIETATE TUTIORES
(Incorporated in England)
Assets exceed thirty-five million pounds
Head Office - Bartholomew Lane, London E.C. 2
Marine Department - 40 Lombard Street, London E.C. 3
This insurance policy witnesses that
(The person hereinafter called the Insured) when paying to the Alliance Assurance Company Limited (hereinafter called the Company) the insurance premium mentioned above for insuring the following properties for the first period and in the manner described below, and that
In no case shall the Company be liable for more than the value of the insured property under this policy at the time of the occurrence of loss or damage, even if there is a legal provision to the contrary or despite any condition of this policy.
The Company agrees with the Insured (subject to the conditions endorsed on this paper which must be considered part of this policy) that the property described above or any part thereof, after payment of the insurance premium, if it is damaged or harmed by fire or lightning at any time between the day ⟦line⟧ of ⟦line⟧ and four o'clock in the afternoon of the day ⟦line⟧ of ⟦line⟧ or from the last day of any subsequent period for which the Insured has paid the Company the amount required by it for the renewal of this policy, if the Company accepts it, the Company shall compensate by way of payment, reinstatement, or repair all said loss or damage up to an amount not exceeding, with respect to each item listed in this policy, the amount specified above against that item, and not exceeding in total the amount of ⟦line⟧
In witness whereof, we, the authorized agents of the said Company, have signed our names on the day ⟦line⟧ of ⟦line⟧ in the year one thousand nine hundred and ⟦line⟧
On behalf of Alliance Assurance Company Limited
On behalf of Ezra M. Hakkak & Sons Limited
Director
PREMIUM: ID. 3.000
Less Return on Cancelled Policy:
Net Premium for First Period: ID. 3.000
FIRE POLICY No.: 8205658
RENEWAL PERIOD: 3rd February 1959
RENEWAL PREMIUM: ID. 3.000
Alliance
1824
MULTI SOCIETATE TUTIORES
Assurance Company, Limited.
(INCORPORATED IN ENGLAND.)
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
This Policy of Insurance Witnesseth THAT IN CONSIDERATION OF
THE JEWISH LAY COUNCIL
(hereinafter called the Insured) paying to the ALLIANCE ASSURANCE COMPANY, LIMITED (hereinafter called the Company), the
Premium above mentioned, for insuring for the first period and as hereinafter mentioned, the following property, viz. :-
IRAQ DINARS FOURTHOUSAND ONLY
On the building of a dwelling house ( Excluding plinths, foundations and pavement ) built
with bricks with arched roofing bearing No 4/10 2 situate at Bataween Quarters, Baghdad.
Warranted that the above-mentioned house is detached on all sides
Lighting and heating by coal, kerosene and/or electricity allowed in the above-mentioned
premises
Notwithstanding any provision of law to the contrary or any provisions hereof the Company shall in no event be liable for more than the
value of the property insured hereby at the time of any loss or damage happening thereto.
The Company agree with the Insured (subject to the Terms and Conditions endorsed hereon, which are to be taken as part of the Policy) that
if after payment of the Premium the Property above described, or any part thereof, shall be destroyed or damaged by Fire or Lightning, at any time
between the Third day of February 1958, and Four o'clock in the Afternoon of the Third
day of February 1959, or of the last day of any subsequent period in respect of which the Insured shall pay to the Company, and
the Company shall accept the sum required by the Company for the renewal of this Policy, the Company will make good by payment or re-instatement
or repair, all such loss or damage, to an amount not exceeding in respect of the several matters specified in this Policy the sum set opposite thereto
respectively, and not exceeding in the whole the sum of IRAQ DINARS FOURTHOUSAND ONLY
In Witness whereof, we being the Authorised Agents of the said Company, have hereunto set our hand this
Third day of February in the year One Thousand Nine Hundred and Fiftyeight
for EZRA M. HAKKAK & SONS, LTD., Liability Co.
⟦signature⟧
Manager <del>Director</del>
Examined, ⟦line⟧
Form No. 595 F
March 1943
⟦faint circular stamp: EZRA M. HAKKAK & SONS LTD. BAGHDAD⟧
F.—AVERAGE—April, 1933.
CONDITIONS.
The conditions and terms mentioned in this policy are as follows:
1. If there be any material misdescription of any of the property hereby insured, or of any building or place in which such property is contained, or any misrepresentation as to any fact material to be known for estimating the risk, or any omission to state such fact, the Company shall not be liable upon this Policy so far as it relates to property affected by any such misdescription, misrepresentation or omission.
2. No payment in respect of any premium shall be deemed to be payment to the Company unless a printed form of receipt for the same signed by an Official or duly appointed Agent of the Company shall have been given to the Insured.
3. The Insured shall give notice to the Company of any insurance or insurances already effected, or which may subsequently be effected, covering any of the property hereby insured, and unless such notice be given and the particulars of such insurance or insurances be stated in or endorsed on this Policy by or on behalf of the Company before the occurrence of any loss or damage, all benefit under this Policy shall be forfeited.
4. All insurance under this Policy
(1) on any building or part of any building,
(2) on any property contained in any building,
(3) on rent or other subject matter of insurance in respect of or in connection with any building or any property contained in any building,
shall cease immediately upon any fall or displacement
(a) of such building or of any part thereof,
(b) of the whole or any part of any range of buildings or of any structure of which such building forms part,
PROVIDED THAT such fall or displacement is of the whole or a substantial or important part of such building or impairs the usefulness of such building or any part thereof or leaves such building or any part thereof or any property contained therein subject to increased risk of fire or is otherwise material.
AND PROVIDED THAT such fall or displacement is not caused by fire, loss or damage by which is covered by this Policy or would be covered if such building, range of buildings or structure were insured under this Policy.
In any action, suit or other proceeding, the burden of proving that any fall or displacement is caused by fire as aforesaid shall be upon the Insured.
5. This insurance does not cover
(a) Loss by theft during or after the occurrence of a fire.
(b) Loss or damage to property occasioned by its own fermentation, natural heating or spontaneous combustion (except as may be provided in accordance with Condition 7 (i)), or by its undergoing any heating or drying process.
(c) Loss or damage occasioned by or through or in consequence of
(1) The burning of property by order of any public authority.
(2) Subterranean Fire.
6. This insurance does not cover any loss or damage which either in origin or extent is directly or indirectly, proximately or remotely, occasioned by or contributed to by any of the following occurrences, or which, either in origin or extent directly or indirectly, proximately or remotely, arises out of or in connection with any of such occurrences, namely:—
(1) Earthquake, volcanic eruption, typhoon, hurricane, tornado, cyclone, or other convulsion of nature or atmospheric disturbance.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), mutiny, riot, civil commotion, insurrection, rebellion, revolution, conspiracy, military, or usurped power, martial law or state of siege, or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
Any loss or damage happening during the existence of abnormal conditions (whether physical or otherwise), directly or indirectly, proximately or remotely, occasioned by or contributed to by or arising out of or in connection with any of the said occurrences shall be deemed to be loss or damage which is not covered by this insurance, except to the extent that the Insured shall prove that such loss or damage happened independently of the existence of such abnormal conditions.
In any action, suit or other proceeding, where the Company alleges that by reason of the provisions of this Condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured.
7. Unless otherwise expressly stated in the Policy this insurance does not cover
(a) Goods held in trust or on commission.
(b) Bullion or unset precious stones.
(c) Any curiosity or work of art for an amount exceeding £20.
(d) Manuscripts, plans, drawings, or designs, patterns, models or moulds.
(e) Securities, obligations, or documents of any kind, stamps, coined or paper money, cheques, books of account or other business books.
(f) Coal, against loss or damage occasioned by its own spontaneous combustion.
(g) Explosives.
(h) Any loss or damage occasioned by or through or in consequence of explosion; but loss or damage by explosion of gas used for illuminating or domestic purposes in a building in which gas is not generated and which does not form part of any gas works, will be deemed to be loss by fire within the meaning of this Policy.
(i) Any loss or damage occasioned by or through or in consequence of the burning, whether accidental or otherwise, of forests, bush, prairie, pampas or jungle, and the clearing of lands by fire.
8. Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the Insured, before the occurrence of any loss or damage, obtains the sanction of the Company signified by endorsement upon the Policy by or on behalf of the Company:—
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other circumstances affecting the building insured or containing the insured property be changed in such a way as to increase the risk of loss or damage by fire.
(b) If the building insured or containing the insured property become unoccupied and so remain for a period of more than 30 days.
(c) If property insured be removed to any building or place other than that in which it is herein stated to be insured.
(d) If the interest in the property insured pass from the Insured otherwise than by will or operation of law.
9. This insurance does not cover any loss or damage to property which, at the time of the happening of such loss or damage, is insured by or would, but for the existence of this Policy, be insured by any Marine Policy or Policies except in respect of any excess beyond the amount which would have been payable under the Marine Policy or Policies had this insurance not been effected.
10. This insurance may be terminated at any time at the request of the Insured, in which case the Company will retain the customary short period rate for the time the Policy has been in force. This insurance may also at any time be terminated
1 - If there be any material misdescription of any of the property hereby insured, or of any building or place in which such property is contained, or any misrepresentation as to any fact material to be known for estimating the risk, or any omission to state such fact, the Company shall not be liable upon this Policy so far as it relates to property affected by any such misdescription, misrepresentation or omission.
2 - No payment in respect of any premium shall be deemed to be payment to the Company unless a printed form of receipt for the same signed by an Official or duly appointed Agent of the Company shall have been given to the Insured.
3 - The Insured shall give notice to the Company of any insurance or insurances already effected, or which may subsequently be effected, covering any of the property hereby insured, and unless such notice be given and the particulars of such insurance or insurances be stated in or endorsed on this Policy by or on behalf of the Company before the occurrence of any loss or damage, all benefit under this Policy shall be forfeited.
4 - All insurance under this Policy:-
(1) on any building or part of any building
(2) on any property contained in any building
(3) on rent or other subject matter of insurance in respect of or in connection with any building or any property contained in any building shall cease immediately upon any fall or displacement:-
(a) of such building or of any part thereof
(b) of the whole or any part of any range of buildings or of any structure of which such building forms part
PROVIDED THAT such fall or displacement is of the whole or a substantial or important part of such building or impairs the usefulness of such building or any part thereof or leaves such building or any part thereof or any property contained therein subject to increased risk of fire or is otherwise material.
AND PROVIDED THAT such fall or displacement is not caused by fire, loss or damage by which is covered by this Policy or would be covered if such building, range of buildings or structure were insured under this Policy.
In any action, suit or other proceeding, the burden of proving that any fall or displacement is caused by fire as aforesaid shall be upon the Insured.
5 - This insurance does not cover:-
(a) Loss by theft during or after the occurrence of a fire.
(b) Loss or damage to property occasioned by its own fermentation, natural heating or spontaneous combustion (except as may be provided in accordance with Condition 7 (i)), or by its undergoing any heating or drying process.
(c) Loss or damage occasioned by or through or in consequence of:-
(1) The burning of property by order of any public authority.
(2) Subterranean Fire.
6 - This insurance does not cover any loss or damage which either in origin or extent is directly or indirectly, proximately or remotely, occasioned by or contributed to by any of the following occurrences, or which, either in origin or extent directly or indirectly, proximately or remotely, arises out of or in connection with any of such occurrences, namely:—
(1) Earthquake, volcanic eruption, typhoon, hurricane, tornado, cyclone, or other convulsion of nature or atmospheric disturbance.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), mutiny, riot, civil commotion, insurrection, rebellion, revolution, conspiracy, military, or usurped power, martial law or state of siege, or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
Any loss or damage happening during the existence of abnormal conditions (whether physical or otherwise), directly or indirectly, proximately or remotely, occasioned by or contributed to by or arising out of or in connection with any of the said occurrences shall be deemed to be loss or damage which is not covered by this insurance, except to the extent that the Insured shall prove that such loss or damage happened independently of the existence of such abnormal conditions.
In any action, suit or other proceeding, where the Company alleges that by reason of the provisions of this Condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured.
7 - Unless otherwise expressly stated in the Policy this insurance does not cover:-
(a) Goods held in trust or on commission.
(b) Bullion or unset precious stones.
(c) Any curiosity or work of art for an amount exceeding £20.
(d) Manuscripts, plans, drawings, or designs, patterns, models or moulds.
(e) Securities, obligations, or documents of any kind, stamps, coined or paper money, cheques, books of account or other business books.
(f) Coal, against loss or damage occasioned by its own spontaneous combustion.
(g) Explosives.
(h) Any loss or damage occasioned by or through or in consequence of explosion; but loss or damage by explosion of gas used for illuminating or domestic purposes in a building in which gas is not generated and which does not form part of any gas works, will be deemed to be loss by fire within the meaning of this Policy.
(i) Any loss or damage occasioned by or through or in consequence of the burning, whether accidental or otherwise, of forests, bush, prairie, pampas or jungle, and the clearing of lands by fire.
8 - Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the Insured, before the occurrence of any loss or damage, obtains the sanction of the Company signified by endorsement upon the Policy by or on behalf of the Company:—
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other circumstances affecting the building insured or containing the insured property be changed in such a way as to increase the risk of loss or damage by fire.
(b) If the building insured or containing the insured property become unoccupied and so remain for a period of more than 30 days.
(c) If property insured be removed to any building or place other than that in which it is herein stated to be insured.
(d) If the interest in the property insured pass from the Insured otherwise than by will or operation of law.
9 - This insurance does not cover any loss or damage to property which, at the time of the happening of such loss or damage, is insured by or would, but for the existence of this Policy, be insured by any Marine Policy or Policies except in respect of any excess beyond the amount which would have been payable under the Marine Policy or Policies had this insurance not been effected.
10 - This insurance may be terminated at any time at the request of the Insured, in which case the Company will retain the customary short period rate
at the option of the Company, on notice to that effect being given to the Insured, in which case the Company shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancelment.
11. On the happening of any loss or damage the Insured shall forthwith give notice thereof to the Company, and shall within 15 days after the loss or damage, or such further time as the Company may in writing allow in that behalf, deliver to the Company
(a) a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of all the several articles or items of property damaged or destroyed, and of the amount of the loss or damage thereto respectively, having regard to their value at the time of the loss or damage, not including profit of any kind.
(b) particulars of all other insurances, if any.
The Insured shall also at all times at his own expense produce, procure and give to the Company all such further particulars, plans, specifications, books, vouchers, invoices, duplicates or copies thereof, documents, proofs and information with respect to the claim and the origin and cause of the fire and the circumstances under which the loss or damage occurred, and any matter touching the liability or the amount of the liability of the Company as may be reasonably required by or on behalf of the Company together with a declaration on oath or in other legal form of the truth of the claim and of any matters connected therewith.
No claim under this Policy shall be payable unless the terms of this Condition have been complied with.
12. On the happening of any loss or damage to any of the property insured by this Policy, the Company may
(a) enter and take and keep possession of the building or premises where the loss or damage has happened.
(b) take possession of or require to be delivered to it any property of the Insured in the building or on the premises at the time of the loss or damage.
(c) keep possession of any such property and examine, sort, arrange, remove, or otherwise deal with the same.
(d) sell any such property or dispose of the same for account of whom it may concern.
The powers conferred by this Condition shall be exercisable by the Company at any time until notice in writing is given by the Insured that he makes no claim under the Policy or, if any claim is made, until such claim is finally determined or withdrawn, and the Company shall not by any act done in the exercise or purported exercise of its powers hereunder, incur any liability to the Insured or diminish its right to rely upon any of the conditions of this Policy in answer to any claim.
If the Insured or any person on his behalf shall not comply with the requirements of the Company or shall hinder or obstruct the Company in the exercise of its powers hereunder, all benefit under this Policy shall be forfeited.
The Insured shall not in any case be entitled to abandon any property to the Company whether taken possession of by the Company or not.
13. If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof, or if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain any benefit under this Policy; or, if the loss or damage be occasioned by the wilful act, or with the connivance of the Insured; or, if the claim be made and rejected and an action or suit be not commenced within three months after such rejection, or (in case of an arbitration taking place in pursuance of the 18th Condition of this Policy) within three months after the arbitrator or arbitrators or umpire shall have made their award, all benefit under this Policy shall be forfeited.
14. The Company may at its option reinstate or replace the property damaged or destroyed, or any part thereof, instead of paying the amount of the loss or damage, or may join with any other Company or Insurers in so doing, but the Company shall not be bound to reinstate exactly or completely, but only as circumstances permit and in reasonably sufficient manner, and in no case shall the Company be bound to expend in more reinstatement than it would have cost to reinstate such property as it was at the time of the occurrence of such loss or damage, nor more than the sum insured by the Company thereon.
If the Company so elect to reinstate or replace any property the Insured shall, at his own expense, furnish the Company with such plans, specifications, measurements, quantities, and such other particulars as the Company may require, and no acts done, or caused to be done by the Company with a view to reinstatement or replacement shall be deemed an election by the Company to reinstate or replace.
If in any case the Company shall be unable to reinstate or repair the property hereby insured, because of any municipal or other regulations in force affecting the alignment of streets, or the construction of buildings, or otherwise, the Company shall, in every such case, only be liable to pay such sum as would be requisite to reinstate or repair such property if the same could lawfully be reinstated to its former condition.
15. If at the time of any loss or damage happening to any property hereby insured, there be any other subsisting insurance or insurances, whether effected by the Insured or by any other person or persons, covering the same property, the Company shall not be liable to pay or contribute more than its ratable proportion of such loss or damage.
17. If the property hereby insured shall, at the breaking out of any fire, be collectively of greater value than the sum insured thereon, then the Insured shall be considered as being his own insurer for the difference, and shall bear a ratable proportion of the loss accordingly. Every item, if more than one, of the Policy shall be separately subject to this Condition.
18. If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an arbitrator, to be appointed in writing by the parties in difference, or, if they cannot agree upon a single arbitrator, to the decision of two arbitrators, of whom one shall be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party. In case either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint a sole arbitrator; and in case of disagreement between the arbitrators, the difference shall be referred to the decision of an umpire who shall have been appointed by them in writing before entering on the reference and who shall sit with the arbitrators and preside at their meetings. In the event of the death of an arbitrator or umpire, another shall in each case be appointed in his stead by the party or arbitrators (as the case may be) by whom the arbitrator or umpire so dying was appointed. The costs of the reference and of the award shall be in the discretion of the arbitrator, arbitrators or umpire making the award. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such arbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained.
19. In no case whatever shall the Company be liable for any loss or damage after the expiration of twelve months from the happening of the loss or damage unless the claim is the subject of pending action or arbitration.
20. Every notice and other communication to the Company required by these Conditions must be written or printed.
customary for the time the Policy has been in force. This insurance may also at any time be terminated by the Company's decision by notifying the Insured, in which case the Company shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancelment.
11 - On the happening of any loss or damage the Insured shall forthwith give notice thereof to the Company, and shall within fifteen days after the loss or damage, or such further time as the Company may in writing allow in that behalf, deliver to the Company:-
(a) a written claim for the loss or damage containing as detailed a description as is practicable within the specification of all the articles or items damaged or destroyed, and the amount of the loss or damage to each separately according to their state at the time of the loss or damage without including any kind of profit.
(b) particulars of all other insurances, if any.
The Insured shall also at all times and at his own expense provide the Company with all details, plans, specifications, books, receipts, invoices or copies thereof, documents, statements and evidence regarding the claim and the cause of the fire and the circumstances under which the loss or damage occurred and every matter relating to the Company's liability or the amount of its liability as may be reasonably requested by the Company or on its behalf with a declaration sworn by oath or under another legal form proving the truth of the claim and all matters related to it.
No claim under this Policy shall be paid unless the terms of this Condition have been fulfilled.
12 - On the happening of any loss or damage to any property insured under this Policy, the Company may:-
(a) enter the building or place where the loss or damage occurred and take possession of it.
(b) take into its possession or request to be delivered to it any property belonging to the Insured in the building or in the place at the time of the loss or damage.
(c) keep in its possession such property and examine, sort, arrange, move or otherwise deal with it.
(d) sell such property or dispose of it for the account of whom it may concern.
The powers granted under this Condition may be exercised by the Company at any time until the Insured notifies it in writing that he makes no claim under this Policy, and if a claim has been submitted, until the final determination of said claim or until the said claim is withdrawn. The Company shall not incur any liability toward the Insured as a result of any action it takes in the exercise or intended exercise of its said powers, nor shall it diminish its right to rely on any condition of this Policy to respond to any claim.
If the Insured or any person on his behalf does not comply with the Company's requirements or prevents the Company from exercising its powers under this Condition or obstructs it, then all rights under this Policy shall be forfeited.
The Insured shall not in any case abandon any property to the Company whether the Company has taken possession of it or not.
13 - If the claim is fraudulent in any respect, or if false statements were used to support it, or if fraudulent means or methods were used by the Insured or anyone on his behalf to obtain any benefit under this Policy, or if the loss or damage was caused by a deliberate act of the Insured or with his connivance, or if the claim was submitted and rejected and no lawsuit was filed within three months from the date of said rejection, or within three months from the date of the issuance of the decision of the arbitrators or the umpire if arbitration took place under the eighteenth condition of this Policy, then all rights under this Policy shall be forfeited.
14 - The Company has the option to reinstate the damaged or destroyed property or any part thereof or replace it instead of paying the amount of the loss or damage, or it may join with another company or other insurers in doing so, but the Company is not obliged to carry out the said reinstatement exactly or completely, but only as far as circumstances permit and in a sufficiently useful manner, and the Company is not obliged to spend on the said reinstatement more than it would have cost to reinstate that property at the time of the loss or damage, nor more than the amount insured by the Company on it.
If the Company chooses to reinstate or replace any property, the Insured shall provide the Company at his own expense with the plans, designs, measurements, quantities and other details requested by the Company, and all actions taken by the Company or ordered to be done to consider the said reinstatement or replacement shall not be considered an expression by the Company of its choice to reinstate or replace.
If the Company cannot reinstate the building or repair the insured property in any case due to existing municipal regulations or others regarding street alignment or building construction or otherwise, the Company shall only be obliged in every case to pay the amount that would have been required to reinstate or repair the said property if it were possible to reinstate it to its original condition.
15 - If at the time of any loss or damage to any property insured under this insurance there is any other insurance or other insurances in effect, whether contracted by the Insured or any other person, covering the same property, the Company shall not be obliged to pay or provide more than its proportional share of that loss or damage.
17 - If the property insured under this Policy at the time of the fire has a value exceeding the insured amount, the Insured shall be considered as his own insurer for the difference and shall bear a proportional share of the loss accordingly. Each of the items of the Policy, if there is more than one, shall be subject to this condition separately.
18 - If a dispute arises regarding the amount of loss or damage, that dispute shall be referred independently of other matters to be decided by the decision of an arbitrator appointed in writing by the two disputing parties. If they do not agree on one arbitrator, two arbitrators shall be appointed by the two parties, authorized to appoint one arbitrator by both of them, each of the parties in writing within two calendar months after being requested to do so in writing by the other party. If one of the parties refuses or fails to appoint an arbitrator within two calendar months after receiving a written request for that, the other party may appoint a sole arbitrator. If the two arbitrators disagree, the dispute shall be referred to be decided by an umpire who shall have been appointed by them in writing before starting the arbitration, and the said umpire shall be with the arbitrators and preside over their sessions. The death of one of the parties or because of it or by virtue of advice, the authority or power of the arbitrator or arbitrators or the umpire shall not be changed. If one of the arbitrators or the umpire dies, another shall be appointed in each case by that person or the deceased arbitrator or umpire. The fees of the arbitrators or the umpire shall be according to the decision of the arbitrators or the umpire who issues the decision. It is stipulated and expressly declared that obtaining a decision from the arbitrator or arbitrators or the umpire on the amount of loss or damage when a dispute arises about it shall be a condition precedent to any right of action under this Policy.
19 - The Company shall not be liable in any case for any loss or damage after the expiration of twelve months from the occurrence of the loss or damage unless the claim is the subject of a pending lawsuit or pending arbitration.
20 - Every notice or communication to the Company required under these conditions must be written or printed.
ALLIANCE
ASSURANCE COMPANY, LIMITED.
(INCORPORATED IN ENGLAND).
DIRECTORS.
RICHARD DURANT TROTTER, Chairman.
ANTHONY G. DE ROTHSCHILD, Deputy Chairman.
THE LORD ASHBURTON.
SIR VINCENT BADDELEY, K.C.B.
THE VISCOUNT BEARSTED, M.C.
THE EARL OF BESSBOROUGH, P.C., G.C.M.G.
SIR ERIC ROBERT DALRYMPLE.
SIR ROBERT A. BURROWS.
ALFRED FOWELL BUXTON.
THE DUKE OF DEVONSHIRE, K.G.
MAJOR GERALD M. GULL.
THE LORD HOWARD DE WALDEN.
W. J. KESWICK.
LT.-COL. THE HON. ARTHUR LYTTELTON, D.S.O., M.C., M.P.
THE HON. G. W. B. PORTMAN.
THE EARL OF ROSEBERY, K.T., P.C., D.S.O., M.C.
HARRY SALMON.
ARTHUR JAMES STEWART TODD.
THE LORD WARDINGTON.
E. C. T. CARDEN, General Manager.
H. GRIFFITHS, Deputy General Manager.
W. T. ANDERSON, M.C., Assistant Manager, Fire Department.
R. H. BEALE, Assistant Manager, Fire Department.
R. L. BARNETT, Secretary.
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
Fire Policy No.: 8205658
Name:
Agency: EZRA M. HAKKAK & SONS, LTD.,
BAGHDAD,
IRAQ.
* The Policy should be examined, and in the event of any error being found, immediately returned to be rectified. If Insurances on the same Property are effected with other Offices, it is necessary that the periods of Insurance under the Policies coincide, so that, in the event of a loss, delay in the settlement of the claim may be avoided.
In case of fire, contact the agents in Baghdad directly
Alliance Assurance Company Limited
Policy No.:
Renewal Period:
Renewal Premium: Dinars
Premium: Dinars
Return Premium on Cancellation: Dinars
Net Premium for the First Period: Dinars
1824
MULTI SOCIETATE TUTIORES
(Established in England)
Assets exceed thirty-five million pounds
Head Office - Bartholomew Lane, London E.C. 2
Marine Department - 40 Lime Street, London E.C. 3
This Insurance Policy witnesseth that
(hereinafter called the Insured) having paid to the said Alliance Company (hereinafter called the Company) the above-mentioned premium for the insurance of the following property for
the first period and in the manner hereinafter set forth
The Company shall in no case be liable for more than the value of the property insured under this policy at the time of the occurrence of the loss or damage, even if there is a legal provision to the contrary
or notwithstanding any condition of this policy.
The Company agrees with the Insured (subject to the conditions endorsed on this paper which must be considered part of this policy) that if the property described above or any part thereof
after payment of the premium is destroyed or damaged by fire or lightning at any time between the day ⟦line⟧ of ⟦line⟧ and
four o'clock in the afternoon of the day ⟦line⟧ of ⟦line⟧ or of the last day of any subsequent period for which the Insured shall have
paid to the Company the sum required by it for the renewal of this policy, if accepted by the Company, the Company will compensate by payment, reinstatement, or repair all such loss or damage
to an amount not exceeding in respect of each of the items listed in this policy the amount set forth above against such item and not exceeding in the aggregate the sum of ⟦line⟧
And in witness whereof we, the authorized agents of the said Company, have signed our names on the day ⟦line⟧ of ⟦line⟧ in the year one
thousand nine hundred and ⟦line⟧
On behalf of Alliance Assurance Company Limited
For Ezra M. Hakkak & Sons Ltd.
Manager
Alliance
1824
MULTI SOCIETATE TUTIORES
Assurance Company, Limited.
(INCORPORATED IN ENGLAND.)
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
FIRE POLICY No.: 8205659
PREMIUM: ID.1.125
RENEWAL PERIOD: 3rd February 1959
Less Return on Cancelled Policy:
Net Premium for First Period: ID.1.125
RENEWAL PREMIUM: ID.1.125
This Policy of Insurance Witnesseth THAT IN CONSIDERATION OF
THE JEWISH LAY COUNCIL
(hereinafter called the Insured) paying to the ALLIANCE ASSURANCE COMPANY, LIMITED (hereinafter called the Company), the
Premium above mentioned, for insuring for the first period and as hereinafter mentioned, the following property, viz. :—
IRAQ DINARS SEVENHUNDRED AND FIFTY ONLY
On the building of a "Mushtamal" Dwelling house ( Excluding plinths, foundations and pavements )
built with bruick with arched roofing bearing No 2/2/2 situate at Bataween quarters, Baghdad
Lighting and heating by coal, Kerosene and/or electricity allowed in the above-mentioned
premises
⟦illegible stamp⟧
Notwithstanding any provision of law to the contrary or any provisions hereof the Company shall in no event be liable for more than the
value of the property insured hereby at the time of any loss or damage happening thereto.
The Company agree with the Insured (subject to the Terms and Conditions endorsed hereon, which are to be taken as part of the Policy) that
if after payment of the Premium the Property above described, or any part thereof, shall be destroyed or damaged by Fire or Lightning, at any time
between the Third day of February 19 58, and Four o'clock in the Afternoon of the Third
day of February 19 59 or of the last day of any subsequent period in respect of which the Insured shall pay to the Company, and
the Company shall accept the sum required by the Company for the renewal of this Policy, the Company will make good by payment or re-instatement
or repair, all such loss or damage, to an amount not exceeding in respect of the several matters specified in this Policy the sum set opposite thereto
respectively, and not exceeding in the whole the sum of IRAQ DINARS SEVENHUNDRED AND FIFTY ONLY
In Witness whereof, we being the Authorised Agents of the said Company, have hereunto set our hand this
Third day of February in the year One Thousand Nine Hundred and Fiftyeight
for EZRA M. HAKKAK & SONS, LTD. Liability Co
⟦illegible signature⟧
Manager
<del>Director</del>
Examined, ⟦illegible⟧
Form No. 595 F
March 1943
F.—AVERAGE.—April, 1933.
CONDITIONS.
The conditions and terms mentioned in this policy are as follows:-
1. If there be any material misdescription of any of the property hereby insured, or of any building or place in which such property is contained, or any misrepresentation as to any fact material to be known for estimating the risk, or any omission to state such fact, the Company shall not be liable upon this Policy so far as it relates to property affected by any such misdescription, misrepresentation or omission.
2. No payment in respect of any premium shall be deemed to be payment to the Company unless a printed form of receipt for the same signed by an Official or duly appointed Agent of the Company shall have been given to the Insured.
3. The Insured shall give notice to the Company of any insurance or insurances already effected, or which may subsequently be effected, covering any of the property hereby insured, and unless such notice be given and the particulars of such insurance or insurances be stated in or endorsed on this Policy by or on behalf of the Company before the occurrence of any loss or damage, all benefit under this Policy shall be forfeited.
4. All insurance under this Policy
(1) on any building or part of any building,
(2) on any property contained in any building,
(3) on rent or other subject matter of insurance in respect of or in connection with any building or any property contained in any building,
shall cease immediately upon any fall or displacement
(a) of such building or of any part thereof,
(b) of the whole or any part of any range of buildings or of any structure of which such building forms part,
PROVIDED that such fall or displacement is of the whole or a substantial or important part of such building or impairs the usefulness of such building or any part thereof or leaves such building or any part thereof or any property contained therein subject to increased risk of fire or is otherwise material.
AND PROVIDED that such fall or displacement is not caused by fire, loss or damage by which is covered by this Policy or would be covered if such building, range of buildings or structure were insured under this Policy.
In any action, suit or other proceeding, the burden of proving that any fall or displacement is caused by fire as aforesaid shall be upon the Insured.
5. This insurance does not cover
(a) Loss by theft during or after the occurrence of a fire.
(b) Loss or damage to property occasioned by its own fermentation, natural heating or spontaneous combustion (except as may be provided in accordance with Condition 7 (f)), or by its undergoing any heating or drying process.
(c) Loss or damage occasioned by or through or in consequence of
(1) The burning of property by order of any public authority.
(2) Subterranean Fire.
6. This insurance does not cover any loss or damage which either in origin or extent is directly or indirectly, proximately or remotely, occasioned by or contributed to by any of the following occurrences, or which, either in origin or extent directly or indirectly, proximately or remotely, arises out of or in connection with any of such occurrences, namely :-
(1) Earthquake, volcanic eruption, typhoons, hurricane, tornado, cyclone, or other convulsion of nature or atmospheric disturbance.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), mutiny, riot, civil commotion, insurrection, rebellion, revolution, conspiracy, military, or usurped power, martial law or state of siege, or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
Any loss or damage happening during the existence of abnormal conditions (whether physical or otherwise), directly or indirectly, proximately or remotely, occasioned by or contributed to by or arising out of or in connection with any of the said occurrences shall be deemed to be loss or damage which is not covered by this insurance, except to the extent that the Insured shall prove that such loss or damage happened independently of the existence of such abnormal conditions.
In any action, suit or other proceeding, where the Company alleges that by reason of the provisions of this Condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured.
7. Unless otherwise expressly stated in the Policy this insurance does not cover
(a) Goods held in trust or on commission.
(b) Bullion or unset precious stones.
(c) Any curiosity or work of art for an amount exceeding £20.
(d) Manuscripts, plans, drawings, or designs, patterns, models or moulds.
(e) Securities, obligations, or documents of any kind, stamps, coined or paper money, cheques, books of account or other business books.
(f) Coal, against loss or damage occasioned by its own spontaneous combustion.
(g) Explosives.
(h) Any loss or damage occasioned by or through or in consequence of explosion ; but loss or damage by explosion of gas used for illuminating or domestic purposes in a building in which gas is not generated and which does not form part of any gas works, will be deemed to be loss by fire within the meaning of this Policy.
(i) Any loss or damage occasioned by or through or in consequence of the burning, whether accidental or otherwise, of forests, bush, prairie, pampas or jungle, and the clearing of lands by fire.
8. Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the Insured, before the occurrence of any loss or damage, obtains the sanction of the Company signified by endorsement upon the Policy by or on behalf of the Company :-
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other circumstances affecting the building insured or containing the insured property be changed in such a way as to increase the risk of loss or damage by fire.
(b) If the building insured or containing the insured property become unoccupied and so remain for a period of more than 30 days.
(c) If property insured be removed to any building or place other than that in which it is herein stated to be insured.
(d) If the interest in the property insured pass from the Insured otherwise than by will or operation of law.
9. This insurance does not cover any loss or damage to property which, at the time of the happening of such loss or damage, is insured by or would, but for the existence of this Policy, be insured by any Marine Policy or Policies had this insurance not been effected.
10. This insurance may be terminated at any time at the request of the Insured, in which case the Company will retain the customary short period rate for the time the Policy has been in force. This insurance may also at any time be terminated at the option of the Company, on notice to that effect given to the Insured, in which case the Company shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancelment.
11. On the happening of any loss or damage the Insured shall forthwith give notice thereof to the Company, and shall within 15 days after the loss or damage, or such further time as the Company may in writing allow in that behalf, deliver to the Company
(a) a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of all the several articles or items of property damaged or destroyed, and of the amount of the loss or damage thereto respectively, having regard to their value at the time of the loss or damage, not including profit of any kind.
(b) particulars of all other insurances, if any.
The Insured shall also at all times at his own expense produce, procure and give to the Company all such further particulars, plans, specifications, books, vouchers, invoices, duplicates or copies thereof, documents, proofs and information with respect to the claim and the origin and cause of the fire and the circumstances under which the loss or damage occurred, and any matter touching the liability or the amount of the liability of the Company as may be reasonably required by or on behalf of the Company together with a declaration on oath or in other legal form of the truth of the claim and of any matters connected therewith.
No claim under this Policy shall be payable unless the terms of this Condition have been complied with.
12. On the happening of any loss of or damage to any of the property insured by this Policy, the Company may
(a) enter and take and keep possession of the building or premises where the loss or damage has happened.
(b) take possession of or require to be delivered to it any property of the Insured in the building or on the premises at the time of the loss or damage.
(c) keep possession of any such property and examine, sort, arrange, remove, or otherwise deal with the same.
(d) sell any such property or dispose of the same for account of whom it may concern.
The powers conferred by this Condition shall be exercisable by the Company at any time until notice in writing is given by the Insured that he makes no claim under the Policy or, if any claim is made, until such claim is finally determined or withdrawn, and the Company shall not by any act done in the exercise or purported exercise of its powers hereunder, incur any liability to the Insured or diminish its right to rely upon any of the conditions of this Policy in answer to any claim.
If the Insured or any person on his behalf shall not comply with the requirements of the Company or shall hinder or obstruct the Company in the exercise of its powers hereunder, all benefit under this Policy shall be forfeited.
The Insured shall not in any case be entitled to abandon any property to the Company whether taken possession of by the Company or not.
13. If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof, or if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain any benefit under this Policy ; or, if the loss or damage be occasioned by the wilful act, or with the connivance of the Insured ; or, if the claim be made and rejected and an action or suit be not commenced within three months after such rejection, or (in case of an arbitration taking place in pursuance of the 18th Condition of this Policy) within three months after the arbitrator or arbitrators or umpire shall have made their award, all benefit under this Policy shall be forfeited.
14. The Company may at its option reinstate or replace the property damaged or destroyed, or any part thereof, instead of paying the amount of the loss or damage, or may join with any other Company or Insurers in so doing, but the Company shall not be bound to reinstate exactly or completely, but only as circumstances permit and in reasonably sufficient manner, and in no case shall the Company be bound to expend more in reinstatement than it would have cost to reinstate such property as it was at the time of the occurrence of such loss or damage, nor more than the sum insured by the Company thereon.
If the Company so elect to reinstate or replace any property the Insured shall, at his own expense, furnish the Company with such plans, specifications, quantities, descriptions, and such other particulars as the Company may require, and no acts done, or caused to be done by the Company with a view to reinstatement or replacement shall be deemed an election by the Company to reinstate or replace.
If in any case the Company shall be unable to reinstate or replace the property hereby insured, because of any municipal or other regulations in force affecting the alignment of streets, or the construction of buildings, or otherwise, the Company shall, in every such case, only be liable to pay such sum as would be requisite to reinstate or repair such property if the same could lawfully be reinstated to its former condition.
15. The Insured shall, at the expense of the Company, do, and concur in doing, and permit to be done, all such acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Company shall be or would become entitled or subrogated, upon its paying for or making good any loss or damage under this Policy, whether such acts and things shall be or become necessary or required before or after his indemnification by the Company.
16. If at the time of any loss or damage happening to any property hereby insured, there be any other subsisting insurance or insurances, whether effected by the Insured or by any other person or persons, covering the same property, this Company shall not be liable to pay or contribute more than its ratable proportion of such loss or damage.
17. If the property hereby insured shall, at the breaking out of any fire, be collectively of greater value than the sum insured thereon, then the Insured shall be considered as being his own insurer for the difference, and shall bear a ratable proportion of the loss accordingly. Every item, if more than one, of the Policy shall be separately subject to this Condition.
18. If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an arbitrator, to be appointed in writing by the parties in difference, or, if they cannot agree upon a single arbitrator, to the decision of two arbitrators, one to be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party. In case either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint a sole arbitrator ; and in case of disagreement between the arbitrators, the difference shall be referred to the decision of an umpire who shall have been appointed by them in writing before entering on the reference and who shall sit with the arbitrators and preside at their meetings. The death of any party shall not revoke or affect the authority or powers of the arbitrator, arbitrators or umpire respectively ; and in the event of the death of an arbitrator or umpire, another shall in each case be appointed in his stead by the party or arbitrators (as the case may be) whom the arbitrator or umpire so dying was appointed. The costs of the reference and of the award shall be in the discretion of the arbitrator, arbitrators or umpire making the award. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such arbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained.
19. In no case whatever shall the Company be liable for any loss or damage after the expiration of twelve months from the happening of the loss or damage unless the claim is the subject of pending action or arbitration.
20. Every notice and other communication to the Company required by these Conditions must be written or printed.
1 - If there be any material misdescription of any of the property hereby insured, or of the building or place in which such property is contained, or any misrepresentation as to any fact material to be known for estimating the risk, or any omission to state such fact, the Company shall not be liable upon this Policy so far as it relates to property affected by any such misdescription, misrepresentation or omission.
2 - No payment in respect of any premium shall be deemed to be payment to the Company unless a printed form of receipt from the Company's original and signed by an Official of the Company or a duly appointed Agent shall have been given to the Insured.
3 - The Insured shall give notice to the Company of any insurance already effected, or which may subsequently be effected, covering all or part of the property hereby insured, and unless such notice be given and the particulars of such insurance or insurances be stated in or endorsed on this Policy and signed by the Company or its representative before the occurrence of any loss or damage.
4 - All insurance under this Policy :-
(1) on any building or part of any building
(2) on any property contained in any building
(3) on rent or other subject matter of insurance in respect of any building or any property contained in any building shall cease immediately upon any fall or displacement :-
(a) of such building or of any part thereof
(b) of the whole or any part of any range of buildings or structures of which such building forms part
PROVIDED that such fall or displacement is of the whole of the said building or of a substantial or important part thereof or impairs the usefulness of it or any part thereof or leaves the said building or any part thereof or any property contained therein subject to increased risk of fire or is otherwise material.
AND PROVIDED that such fall or displacement is not caused by fire covered by this Policy or the policy that would cover the object if it were included if the building or range of buildings or structures were insured under it.
In any action or other proceeding, the burden of proving that the fall or displacement was caused by fire as aforesaid shall be upon the Insured.
5 - This insurance does not cover :-
(a) Loss by theft during or after the occurrence of a fire.
(b) Loss or damage to property occasioned by its own fermentation, natural heating or spontaneous combustion (except as provided in Condition (7) (f)) or by its undergoing any heating or drying process.
(c) Loss or damage occasioned by or through or in consequence of :-
(1) The burning of property by order of any public authority.
(2) Subterranean Fire.
6 - This insurance does not cover any loss or damage which either in origin or extent is directly or indirectly, proximately or remotely, occasioned by or contributed to by any of the following occurrences, or which, either in origin or extent directly or indirectly, proximately or remotely, arises out of or in connection with any of such occurrences, namely :-
(1) Earthquake, volcanic eruption, typhoons, hurricane, tornado, cyclone, or other convulsion of nature or atmospheric disturbance.
(2) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), mutiny, riot, civil commotion, insurrection, rebellion, revolution, conspiracy, military, or usurped power, martial law or state of siege, or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
Any loss or damage happening during the existence of abnormal conditions (whether physical or otherwise), directly or indirectly, proximately or remotely, occasioned by or contributed to by or arising out of or in connection with any of the said occurrences shall be deemed to be loss or damage which is not covered by this insurance, except to the extent that the Insured shall prove in Article 4 that such loss or damage happened independently of the existence of such abnormal conditions.
In any action or other proceeding, where the Company alleges that by reason of this Condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured.
7 - Unless otherwise expressly stated in the Policy this insurance does not cover :-
(a) Goods held in trust or on commission.
(b) Bullion or unset precious stones.
(c) Curiosities and works of art for an amount exceeding twenty pounds.
(d) Manuscripts, plans, drawings, patterns, and models.
(e) Securities, obligations, or documents of any kind, stamps, coined or paper money, cheques, books of account or other business books.
(f) Coal, against loss or damage occasioned by its own spontaneous combustion.
(g) Explosives.
(h) Any loss or damage occasioned by or through or in consequence of explosion ; but loss or damage by explosion of gas used for illuminating or domestic purposes in a building in which gas is not generated and which does not form part of any gas works, will be deemed to be loss by fire within the meaning of this Policy.
(i) Any loss or damage occasioned by or through or in consequence of the burning, whether accidental or otherwise, of forests, bush, prairie, pampas or jungle, and the clearing of lands by fire.
8 - Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the Insured, before the occurrence of any loss or damage, obtains the sanction of the Company signified by endorsement upon the Policy by or on behalf of the Company :-
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other circumstances affecting the building insured or containing the insured property be changed in such a way as to increase the risk of loss or damage by fire.
(b) If the building insured or containing the insured property become unoccupied and so remain for a period of more than 30 days.
(c) If property insured be removed to any building or place other than that in which it is herein stated to be insured.
(d) If the interest in the property insured pass from the Insured otherwise than by will or operation of law.
9 - This insurance does not cover any loss or damage to property which, at the time of the happening of such loss or damage, is insured by or would, but for the existence of this Policy, be insured by any Marine Policy or Policies had this insurance not been effected.
10 - This insurance may be terminated at any time at the request of the Insured, in which case the Company will retain the customary short period rate for the time the Policy has been in force. This insurance may also at any time be terminated at the option of the Company, on notice to that effect given to the Insured, in which case the Company shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancelment.
11 - On the happening of any loss or damage the Insured shall forthwith give notice thereof to the Company, and shall within 15 days after the loss or damage, or such further time as the Company may in writing allow in that behalf, deliver to the Company :-
(a) a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of all the several articles or items of property damaged or destroyed, and of the amount of the loss or damage thereto respectively, having regard to their value at the time of the loss or damage, not including profit of any kind.
(b) particulars of all other insurances, if any.
The Insured shall also at all times at his own expense produce, procure and give to the Company all such further particulars, plans, specifications, books, vouchers, invoices, duplicates or copies thereof, documents, proofs and information with respect to the claim and the origin and cause of the fire and the circumstances under which the loss or damage occurred, and any matter touching the liability or the amount of the liability of the Company as may be reasonably required by or on behalf of the Company together with a declaration on oath or in other legal form of the truth of the claim and of any matters connected therewith.
No claim under this Policy shall be payable unless the terms of this Condition have been complied with.
12 - On the happening of any loss of or damage to any of the property insured by this Policy, the Company may :-
(a) enter and take and keep possession of the building or premises where the loss or damage has happened.
(b) take possession of or require to be delivered to it any property of the Insured in the building or on the premises at the time of the loss or damage.
(c) keep possession of any such property and examine, sort, arrange, remove, or otherwise deal with the same.
(d) sell any such property or dispose of the same for account of whom it may concern.
The powers conferred by this Condition shall be exercisable by the Company at any time until notice in writing is given by the Insured that he makes no claim under the Policy or, if any claim is made, until such claim is finally determined or withdrawn, and the Company shall not by any act done in the exercise or purported exercise of its powers hereunder, incur any liability to the Insured or diminish its right to rely upon any of the conditions of this Policy in answer to any claim.
If the Insured or any person on his behalf shall not comply with the requirements of the Company or shall hinder or obstruct the Company in the exercise of its powers hereunder, all benefit under this Policy shall be forfeited.
The Insured shall not in any case be entitled to abandon any property to the Company whether taken possession of by the Company or not.
13 - If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof, or if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain any benefit under this Policy ; or, if the loss or damage be occasioned by the wilful act, or with the connivance of the Insured ; or, if the claim be made and rejected and an action or suit be not commenced within three months after such rejection, or (in case of an arbitration taking place in pursuance of the 18th Condition of this Policy) within three months after the arbitrator or arbitrators or umpire shall have made their award, all benefit under this Policy shall be forfeited.
14 - The Company may at its option reinstate or replace the property damaged or destroyed, or any part thereof, instead of paying the amount of the loss or damage, or may join with any other Company or Insurers in so doing, but the Company shall not be bound to reinstate exactly or completely, but only as circumstances permit and in reasonably sufficient manner, and in no case shall the Company be bound to expend more in reinstatement than it would have cost to reinstate such property as it was at the time of the occurrence of such loss or damage, nor more than the sum insured by the Company thereon.
If the Company so elect to reinstate or replace any property the Insured shall, at his own expense, furnish the Company with such plans, specifications, quantities, descriptions, and such other particulars as the Company may require, and no acts done, or caused to be done by the Company with a view to reinstatement or replacement shall be deemed an election by the Company to reinstate or replace.
If in any case the Company shall be unable to reinstate or replace the property hereby insured, because of any municipal or other regulations in force affecting the alignment of streets, or the construction of buildings, or otherwise, the Company shall, in every such case, only be liable to pay such sum as would be requisite to reinstate or repair such property if the same could lawfully be reinstated to its former condition.
15 - The Insured shall, at the expense of the Company, do, and concur in doing, and permit to be done, all such acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Company shall be or would become entitled or subrogated, upon its paying for or making good any loss or damage under this Policy, whether such acts and things shall be or become necessary or required before or after his indemnification by the Company.
16 - If at the time of any loss or damage happening to any property hereby insured, there be any other subsisting insurance or insurances, whether effected by the Insured or by any other person or persons, covering the same property, this Company shall not be liable to pay or contribute more than its ratable proportion of such loss or damage.
17 - If the property hereby insured shall, at the breaking out of any fire, be collectively of greater value than the sum insured thereon, then the Insured shall be considered as being his own insurer for the difference, and shall bear a ratable proportion of the loss accordingly. Every item, if more than one, of the Policy shall be separately subject to this Condition.
18 - If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an arbitrator, to be appointed in writing by the parties in difference, or, if they cannot agree upon a single arbitrator, to the decision of two arbitrators, one to be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party. In case either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint a sole arbitrator ; and in case of disagreement between the arbitrators, the difference shall be referred to the decision of an umpire who shall have been appointed by them in writing before entering on the reference and who shall sit with the arbitrators and preside at their meetings. The death of any party shall not revoke or affect the authority or powers of the arbitrator, arbitrators or umpire respectively ; and in the event of the death of an arbitrator or umpire, another shall in each case be appointed in his stead by the party or arbitrators (as the case may be) whom the arbitrator or umpire so dying was appointed. The costs of the reference and of the award shall be in the discretion of the arbitrator, arbitrators or umpire making the award. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such arbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained.
19 - In no case whatever shall the Company be liable for any loss or damage after the expiration of twelve months from the happening of the loss or damage unless the claim is the subject of pending action or arbitration.
20 - Every notice and other communication to the Company required by these Conditions must be written or printed.
ALLIANCE
ASSURANCE COMPANY, LIMITED
(INCORPORATED IN ENGLAND).
DIRECTORS.
RICHARD DURANT TROTTER, Chairman.
LIONEL N. DE ROTHSCHILD, O.B.E., Deputy Chairman.
THE LORD ASHBURTON.
SIR VINCENT BADDELEY, K.C.B.
THE VISCOUNT BEARSTED, M.C.
THE EARL OF BESSBOROUGH, P.C., G.C.M.G.
SIR ERIC VANSITTART BOWATER.
SIR ROBERT A. BURROWS.
ALFRED FOWELL BUXTON.
THE DUKE OF DEVONSHIRE, K.G.
MAJOR GERALD M. A. ELLIS.
THE LORD HOWARD DE WALDEN.
EDWARD KNIGHT.
THE RT. HON. OLIVER LYTTELTON, D.S.O., M.C., M.P.
MAJOR-GENERAL SIR NEILL MALCOLM, K.C.B., P.T., D.S.O., M.C.
HARRY SALMON, C.B.E.
ARTHUR JAMES STEWART TODD.
THE LORD WARDINGTON.
E. C. T. CARDEN, General Manager.
K. GRIFFITHS, Deputy General Manager.
W. T. ANDERSON, Assistant Manager, Fire Department.
R. H. BEALE, Assistant Manager, Fire Department.
R. L. BARNETT, Secretary.
HEAD OFFICE: BARTHOLOMEW LANE, LONDON, E.C. 2.
MARINE DEPARTMENT: 40, LIME STREET, LONDON, E.C. 3.
Fire Policy No.: 8205659
Name:
Agency: EZRA M. HAKKAK & SONS, LTD.,
BAGHDAD,
IRAQ.
In case of difference between the Arabic and English texts of this policy, the English text shall prevail.
* The Policy should be examined, and in the event of any error being found, immediately returned to be rectified. If the Insured has any other insurances in force, or being effected, it should be seen that the wording and terms of the Policies are identical, so that, in the event of a loss, delay in the settlement may be avoided.
F.-
Alliance Assurance Company Limited
Policy No. ⟦line⟧ Dinars Insurance Fee ⟦line⟧
Renewal period ⟦line⟧ Dinars usual deduction upon cancellation of policy ⟦line⟧
Renewal insurance fee ⟦line⟧ Dinars ⟦line⟧ Dinars net insurance fee for the first period ⟦line⟧
1824
MULTI SOCIETATE TUTIORES
(Established in England)
Assets exceed thirty-five million pounds
Head Office - Bartholomew Lane, London E.C. 2
Marine Department - 40 Lime Street, London E.C. 3
This insurance policy witnesses that
(hereinafter called the Insured) upon paying to Alliance Assurance Company Limited (hereinafter called the Company) the insurance premium mentioned above for the insurance of the following funds for
the duration of the first period and in the manner described below, provided that
the Company shall not in any case be liable for more than the value of the insured property under this policy at the time of the occurrence of loss or damage, even if there is a legal provision to the contrary
or notwithstanding any condition of this policy.
The Company agrees with the Insured (subject to the conditions written on this paper, which are considered part of this policy) that the property described above or any part thereof
after payment of the insurance fee, if it is destroyed or damaged by fire or lightning at any time between the day ⟦line⟧ of ⟦line⟧ and
four o'clock in the afternoon of the day ⟦line⟧ of ⟦line⟧ or the last day of any subsequent period for which the Insured has
paid to the Company the amount required by it for the renewal of this policy, provided the Company accepts it, the Company shall compensate by way of payment, restoration, or repair all loss or damage
provided that the amount mentioned in each of the items described in this policy does not exceed the amount stated above against that item and does not exceed in total the sum of ⟦line⟧
⟦line⟧
In witness whereof, we, the undersigned authorized representatives of the said Company, have signed our names on the day ⟦line⟧ of ⟦line⟧ in the year one
thousand nine hundred and ⟦line⟧
On behalf of Alliance Assurance Company Limited
For Ezra M. Hakkak & Sons Co. Ltd.
Manager