Page 294
THE
SOUTH · BRITISH
INSURANCE COMPANY, LTD.
INCORPORATED IN NEW ZEALAND
(The liability of the Shareholders of the Company is limited.)
BRANCH OFFICE :
CANADA BUILDING, HORNBY ROAD, FORT,
BOMBAY.
Whereas the Assured designated in the Schedule hereto (hereinafter called the Schedule)
has paid to THE SOUTH BRITISH INSURANCE COMPANY LIMITED (hereinafter called the
Company) the sum stated in the Schedule as the premium for such insurance as hereinafter
mentioned of the property described in the Schedule in the sum or several sums stated in
the Schedule :
Now Be It Known that during the period of insurance stated in the Schedule
and for so long afterwards as the said Assured, his, her or their Heirs, Executors, or Administrators
shall from time to time pay, or cause to be paid, the Sums required for the renewal of this
Policy, and the Directors of the Company shall agree thereto by accepting the same, the Funds
and Property of the Company shall be subject and liable to pay, reinstate, or make good to the
said Assured, his, her or their Heirs, Executors, or Administrators, such Loss or Damage as shall
be occasioned by Fire to the Property described in the Schedule and hereby Insured
including in such loss or damage, loss by Lightning, whether the property insured becomes ignited
or not, but not exceeding in each case respectively the Sum or Sums severally specified in the
Schedule and stated against each Property described in the Schedule.
Provided Always that this Insurance shall at all times and under all circumstances
be subject to the Conditions and Stipulations expressed in and endorsed on this Policy, which
Conditions and Stipulations constitute the basis of this Insurance, and are to be considered as
incorporated in, and forming part of, this Policy.
Page 295
THE CONDITIONS REFERRED TO 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 Assured.
3. The Assured 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 Assured.
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 mainte-
nance 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 Assured 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 Assured.
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 Assured, 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 Assured 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 Assured, 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 Assured, 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 Assured 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 includ-
ing profit of any kind.
(b) particulars of all other insurances, if any.
The Assured 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 Assured 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 Assured 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 Assured or diminish its right to rely upon any of the conditions of this Policy in answer to any claim.
If the Assured 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 Assured 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 Assured
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 Assured ; 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 Assurers 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 assured by the Company thereon.
If the Company so elect to reinstate or replace any property the Assured 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 align-
ment 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 Assured 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 Assured
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 Assured shall be consi-
dered 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 dis-
cretion 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.
The South British Insurance Company Limited.
No. 42 / 13496.
[Stamp] ⟦circular stamp: THE SOUTH BRITISH INSURANCE COMPANY LIMITED BAGHDAD⟧
[Stamp] ⟦Iraqi revenue stamp with portrait⟧
Baghdad,: 2nd January, 194 5.
Received from: The Jewish Lay Council,
B a g h d a d,
the sum of I.D.: 2/063
being amount of Premium as noted below for: fire
insurance to the extent of I.D.: 1100/---
under Policy No.: 42/ 13496
from: 1st January 1945
to: 1st January 194 6
at 4 p. m., Standard Time.:
Premium, I.D.: 2/063.
[Signature] For The SOUTH BRITISH INSURANCE Co. Ltd.
[Signature] H.D. Shohet & E. Akereb Ltd.
[Signature] ⟦signature⟧
[Signature] Chief Agent.
DEF.
Cooking Lighting and heating by firewood, coal, kerosene and/or electricity allowed.
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.
[Stamp] ⟦circular stamp: THE SOUTH BRITISH INSURANCE COMPANY LIMITED 2- JAN 1945 BAGHDAD⟧
[Stamp] ⟦Iraqi revenue stamp with portrait⟧
In Witness Whereof the undersigned being duly authorised by the Directors of the said Company, and on behalf of the said Company, has hereunto set his hand at BAGHDAD, the Second day of January, 1945..
Examined: ⟦signature⟧
Agent/Broker:
[Signature] For THE SOUTH BRITISH INSURANCE Co. Ltd.
[Signature] ⟦signature⟧
[Signature] Chief Agent.
DEF.
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THE SCHEDULE.
Premium :: ID. 2/063. @ 1/875%.
Policy No.: 42/13496.
The Assured: The Jewish Lay Council.
Address: B a g h d a d.
Period of Insurance: From the First day of January 194 5 until 4 o'clock (Standard Time) on the afternoon of the First day of January 194 6
| THE PROPERTY. | SUM(S) ASSURED. |
| IRAQ DINARS ONE THOUSAND AND ONE HUNDRED ONLY. | ⟦1,100/---⟧ |
On an attached building (excluding plinths, foundations and pavements)
occupied as dwelling only, ground and one storey in height, brick-built with
brick-arched and/or chundal roofing, bearing Municipal No. 73/139, situate
at Towrat Quarter, Baghdad.
Cooking Lighting and heating by firewood, coal, kerosene and/or
electricity allowed.
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.
[Stamp] ⟦illegible circular stamp⟧
[Stamp] 2 - JAN 1945
[Stamp] BAGHDAD
[Stamp] العراق ٣٠ فلساً
In Witness Whereof the undersigned being duly authorised by the Directors
of the said Company, and on behalf of the said Company, has hereunto set his hand at BAGHDAD,
the Second day of January, 1945..
Examined ⟦Selin⟧
Agent/Broker ⟦illegible signature⟧
for SOUTH BRITISH INSURANCE Co.
Chief Agent
DEF.