AI en Translation, Pages 276-300
Page 276
intended to prevent the increase of damage or loss, and if said vehicle is driven before the necessary repairs are made, any expansion that occurs in the damage, or rather any other resulting entirely, shall be at the private responsibility of the Insured alone.
5 - The Company may cancel this policy by sending a seven-day notice by registered mail to the Insured at his last known address, and the Company in this case shall refund to the Insured the insurance premium after deducting a proportional part thereof for the period during which the policy was in effect, or the policy may be cancelled at any time by the Insured upon seven days' notice (provided that no claim has arisen during the then-current period of insurance), and the Insured shall be entitled to a refund of the insurance premium after deducting the premium according to the Company's short-term rates for the period during which the policy was in effect.
6 - If at the time of the occurrence of any claim under this policy there is any other insurance covering the same loss, damage, or liability, the Company shall not be liable to pay or contribute more than its rateable proportion of any loss, damage, compensation, costs, or expenses.
Provided that nothing in this condition shall impose upon the Company any liability from which the Company would be exempt according to paragraph (1) of the eighth item of this policy but for this condition.
7 - All differences arising out of this policy shall be referred for decision to an arbitrator appointed in writing by the differing parties, or if they cannot agree on a single arbitrator, they shall be decided by two arbitrators, each party appointing one in writing, or in the case of disagreement, by an umpire appointed by the two arbitrators in writing before starting the referral. The costs of the referral and the decision shall be at the discretion of the arbitrator or arbitrators or the umpire who issues the decision. Such decision shall be a condition precedent to any liability of the Company or any right of action against the Company regarding any claim. If the Company refuses to accept liability toward the Insured for any claim under this policy and such claim is not referred to arbitration within twelve calendar months from the date of the said refusal according to the conditions listed in this policy, the claim shall then be considered for all purposes as abandoned and shall not thereafter be recoverable under this policy.
In the event of conflict between the Arabic and English texts, the English text shall prevail.
The Schedule
Policy Number: 178395 M
Insurance Premium: 21/160 Dinars
Annual Insurance Fee: 23/010 Dinars
Period of Insurance from noon on: The nineteenth of March 1943
To noon on: The nineteenth of March 1944
The Insured: His Eminence Sassoon Khedhouri - Baghdad
Address: Taht al-Takiya - Baghdad
Profession or Trade: Head of the Jewish Community.
Geographical area mentioned in paragraph (a): Iraq and an area of Iran within the Iraqi-Iranian borders for a distance of one hundred miles.
Registration Letters and Numbers | Make of Vehicle | Horsepower | Body Type | Year of Manufacture | Number of Seats including Driver | Insured's Estimate of Value including Accessories on the Vehicle
Registration No. 1889 B D | Oldsmobile | 28/4 | Saloon | 1937 | 5 | 1000 Iraqi Dinars, one thousand only. .
Limits of the amount of the Company's liability according to Item 4 of the policy: Unlimited
Limits of the amount of the Company's liability according to Item 5 of the policy: 10000 Iraqi Dinars, ten thousand only
The maximum limit of the amount allowed for the Insured to authorize repairs according to Item 9 (a): 10 Iraqi Dinars, ten only.
Limits of the amount of the Company's liability for medical expenses according to Item (11): 20 Iraqi Dinars, twenty only.
In witness whereof we, as authorized agents for the said Company, have signed below on this nineteenth day of March
in the year one thousand nine hundred and forty-three . . . . .
On behalf of Alliance Assurance Company Limited
For M. Haza M. Hakkak and Sons Limited
⟦signature⟧
Manager
⟦illegible⟧ BAGHDAD ⟦illegible⟧
Page 278
Alliance Assurance Company Limited
1824
MULTI SOCIETATE TUTIORES
(Incorporated in England)
Assets exceed thirty-five million pounds
Head Office - Bartholomew Lane, London, E.C.2
Private Motor Cars
Whereas the Insured described in the Schedule attached to this policy has applied to Alliance Assurance Company Limited (hereinafter called the Company)
by means of a proposal which the Insured has agreed shall be considered of the nature and effect of a warranty and shall be the basis of this contract and incorporated therein, and has
paid or agreed to pay the premium described in the Schedule attached hereto in consideration for the indemnities set forth below.
Now this policy witnesseth that subject to the terms, provisions, and conditions contained in this policy or endorsed hereon, the Company shall indemnify
the Insured against loss, damage, and liability as described below which actually occurs or arises during the period specified in the Schedule attached hereto or
during any period for which the Company accepts payment for the renewal of this policy, namely: -
1 - Loss or damage occurring to any vehicle described in the Schedule attached hereto and the lamps, tires, and necessary vehicle accessories when
they are on the vehicle, resulting from any accidental collision or overturning or collision or overturning occurring as a result of mechanical failure or
as a result of wear and tear, but excluding accidental damage occurring to tires unless the said vehicle has sustained damage
at the same time.
2 - Loss or damage occurring to any vehicle described in the Schedule attached hereto and the lamps, tires, and necessary vehicle accessories when
they are on the vehicle: -
(a) - By external fire explosion or self-ignition or lightning or theft or burglary - or
(b) - By a malicious act - or
(c) - During transit by road, rail, inland waterway, hoist, or lift.
But excluding damage occurring to tires unless the said vehicle has sustained damage at the same time.
3 - The cost of protection and removal of any vehicle described in the Schedule attached hereto to the nearest repairer following an accident resulting in damage
covered by this policy, provided that its amount does not exceed twenty percent of the agreed cost of repair.
4 - Legal liability for compensation (including legal expenses of any claimant) for the death of any person or bodily injury
sustained by him due to the use of any vehicle described in the Schedule attached hereto, except if such death or injury arises
from or occurs during the employment of the said person by the Insured and except liability toward any person who is a member of the
Insured's household. Provided that the Company's liability in respect of any one claim or series of claims arising from one accident shall be limited
within the amount specified in the Schedule attached hereto, including the said legal expenses.
5 - Legal liability for compensation (including legal expenses of any claimant) for damage caused by the use of any
vehicle described in the Schedule attached hereto to any property except property belonging to the Insured or to a member of his household or held
in trust by them or placed with them in a fiduciary capacity or under their control, provided that the Company's liability in respect of any one claim or series
of claims arising from one accident shall be limited within the amount specified in the Schedule attached hereto, including the said legal expenses.
6 - Legal liability arising under clauses four and five above and occurring when the Insured is himself driving a private motor car
not belonging to him and not hired to him under a hire-purchase agreement, provided that: -
(a) - One of the vehicles described in the Schedule attached hereto is in use at that time - and
(b) - The Company's liability under this clause does not exceed the limits of indemnity specified in accordance with clauses four and five above.
7 - All costs and expenses incurred with the written consent of the Company.
It has also been agreed as follows: -
8 - Subject to the conditions and limitations and for the purposes of clauses four, five, and seven of this policy, the Company shall consider - at the request
of the Insured - any relative or friend of the Insured as if he were the Insured himself when driving any vehicle described in the
Schedule attached hereto for social, domestic, or pleasure purposes with the knowledge and general consent of the Insured, provided: -
(1) - That such relative or friend is not entitled to indemnity under any other insurance policy.
(2) - That such relative or friend shall, as if he were the Insured himself, observe, fulfill, and follow the terms, provisions, and endorsements
stipulated in this policy so far as they can apply.
(3) - That such relative or friend has not been refused a motor vehicle insurance contract or an extension of such contract by any
insurance company or underwriters.
(4) - That such relative or friend is at that time a duly licensed driver.
9 - The Insured may authorize the repair of any vehicle described in the Schedule attached hereto that requires repair due to damage for which
the Company may be liable under this policy, provided: -
(a) - That the estimated cost of such repair does not exceed the amount declared in the attached Schedule.
(b) - That the Company is immediately provided with a detailed estimate of the cost - or
(c) - That the Insured provides the Company with all necessary assistance to confirm the necessity of the repair and the reasonableness of its cost.
10 - The Company has the absolute choice in selecting its representative in any inquest or inquiry into a fatal accident regarding any death that may be subject
to indemnity under this policy and to undertake the defense in proceedings before any criminal court or court of first instance regarding
any alleged act or offense caused by or related to any accident that may be subject to indemnity under this policy.
11 - The Company shall pay the Insured the reasonable medical expenses incurred due to any bodily injury sustained by the Insured or his driver
or any occupant of the vehicle described in the Schedule attached hereto by violent, accidental, external, and visible means as a
direct and immediate result of any accident befalling the said vehicle, provided that the Company's liability for any one accident does not exceed the amount
declared in the Schedule attached hereto.
And it is always provided that the Company shall not be liable to pay anything for the following: -
(a) - Any accident, loss, damage, or liability caused or arising outside the geographical area specified in the attached Schedule.
(b) - Consequential damage sustained by the Insured or his loss of use of any vehicle described in the attached Schedule
as a result of any accident.
(c) - Wear and tear and depreciation of any vehicle described in the attached Schedule or any part of such vehicle.
(d) - Mechanical breakdown or mechanical or electrical failure or breakdown of any part of any vehicle described in the Schedule attached hereto.
(e) - Damage occurring to any vehicle described in the Schedule attached hereto arising from overloading or strain.
(f) - Any accident, loss, damage, or liability caused or arising when any vehicle ⟦...⟧ in respect of which insurance or indemnity is provided
under this policy has been hired out or given on hire-purchase or was being used for racing, pace-making, or
reliability trial or speed testing or any purposes related to the motor trade or for the carriage of goods or for the carriage of passengers for
hire or reward or was being driven by the Insured (or any other person with the knowledge and general consent of the Insured)
without being at that time licensed to drive motor vehicles or qualified to hold a driving license or was under the influence of intoxicants
or narcotics.
(g) - Any accident, loss, damage, or liability caused by, attributable to, arising from, or occurring directly or indirectly,
near or far, or on the occasion of flood, hurricane, whirlwind, storm, volcanic eruption, earthquake, or
other convulsion of nature, invasion, act of foreign enemies, hostilities or warlike operations (whether before or after the
declaration of war), strike, riot, civil commotion, revolution, military or usurped power, or
by any direct or indirect consequences of any of the said emergencies. In the event of any claim under this,
the Insured must prove that the accident, loss, damage, or liability arose independently and is not related
in any way to, or caused by, or attributable to any of the aforementioned emergencies or their consequences, and if he fails to prove
that, the Company shall not be liable to pay anything for such a claim.
Also provided that the due observance and fulfillment by the Insured of the terms, provisions, conditions, and endorsements contained
in this policy wherever they relate to anything to be done or complied with by the Insured, as well as the truth of the statements
and answers recorded in the said proposal, shall all be conditions precedent to any liability of the Company regarding any
payment under this policy. Any waiver of any of the terms, provisions, conditions, and endorsements contained in this policy
shall not be valid unless it is in writing and signed by a duly appointed officer or agent or agents of the Company.
The conditions mentioned above are: -
1 - Written notice must be given to the Company immediately upon the occurrence of any accident, loss, or damage or in the event of any claim. Every letter,
claim, summons, or notice of attendance or process must be submitted to the Company immediately upon receipt by the Insured. Also,
written notice must be given to the Company as soon as the Insured becomes aware of the possibility of legal action regarding any accident that may lead to a
claim under this policy, and in the case of theft or any other criminal act that may be the subject of a claim under this policy, the Insured
must report the matter to the police immediately and cooperate with the Company to secure the conviction of the offender.
2 - The Insured may not admit, offer, promise, or pay anything without the written consent of the Company, which shall have the right
- if it so desires - to take over and conduct in the name of the Insured the defense or settlement of any claim or to prosecute in his name
and for its own benefit any claim for indemnity or damages or otherwise against any third party and shall have absolute discretion in the conduct of any
proceedings or in the settlement of any claim, and the Insured must provide all information and give all assistance that the Company may require.
3 - If loss or damage occurs to any vehicle described in the Schedule attached hereto, the Company at its option may either repair that vehicle or any
part of it with its accessories and tools or reinstate it or replace it, or pay in cash the amount of the loss or damage, and
the Company's liability shall not exceed the actual value of the damaged and lost parts plus the reasonable cost of fitting, provided that it does not exceed in any
case the Insured's estimate of the value of that vehicle (including accessories on it) as determined in the Schedule attached to this policy
or the value of that vehicle (including accessories on it) at the time of the loss or damage, whichever is less.
4 - The Insured must take all reasonable steps to safeguard any vehicle described in the Schedule attached hereto from damage and loss and maintain it in
efficient condition, and the Company shall at all times have absolute and full freedom to inspect such vehicle or any part of it or any driver or employee
of the Insured. In the event of an accident or breakdown of the said vehicle, it must not be left unattended; rather, precautions must be taken
Page 279
SHEET 1 ALLIANCE ASSURANCE COMPANY, LIMITED.
IRAQ ⟦line⟧ Agency
Notwithstanding any provision of | The Company shall not in any case be liable
law to the contrary or any | under Articles 1, 2, 3, 9 and 11 of this policy
provisions hereof the Company | for more than the value of the insured property at the time of
shall in no event be liable under | the occurrence of loss or damage, even if there is a legal provision
clauses 1,2,3,9 and 11 of this | to the contrary or notwithstanding any of the conditions of this
policy for more than the value of | policy. .
the property insured hereby at the |
time of any loss or damage happening |
thereto. |
On behalf of Alliance Assurance Company Limited
On behalf of Ezra M. Hakkak & Sons Co. Ltd.
Manager
HAKKAK & SO⟦...⟧
Page 280
⟦Regarding⟧ developments in the request of Mr. Kamal Rufael concerning the Al-Saad building
- ⟦Number⟧ ⟦...⟧ Mr. Ilya Yusuf Hammo
1/7/71 The insurance clearances regarding the Kamal Rufael building were submitted in the name of the ⟦...⟧ company for a period of one year starting
from month 5/71 until 5/72 with a premium of 34/31 Dinars. On October 25, 71, we requested the insurance company to adjust the premium when we learned
that the company had sold a portion of its building to the buyer mentioned in the contract with Bank ⟦...⟧, who sent to us at the time that he should participate in the insurance contract in his name
and with the knowledge of the insurance entry. Since Kamal Rufael in the contract with Bank ⟦...⟧ the insurance interest and the insurance clearances were in the name of the ⟦...⟧ company, and in general
due to the circumstances experienced by the ⟦...⟧ company, we inquired about the procedures of the Insurance Department. Since the Insurance Department in Iraq has begun liquidating
a portion of the old accounts, considering they became government-owned at that time, and since the amount mentioned above had an insurance clearance issued in the name of
the ⟦...⟧ company, it is not possible to recover any amount from it. Since the Insurance Department in Iraq has paid this amount to the mentioned insurance company
by check number ⟦...⟧, we have paid the amount according to our receipt number ⟦...⟧ dated ⟦...⟧ and in order to facilitate the task of collecting the remainder of the amount
- ⟦Number⟧ ⟦...⟧
With appreciation
⟦...⟧
⟦...⟧
Page 281
1571
His Excellency the President of the Israeli Lay Council in Baghdad, the Respected
After offering due respect .-
Since I have rented from you the house located in the Taura district, numbered 139 / 73
for a full year starting from the beginning of October 1949 until September 1950, for an
annual rent in the amount of two hundred Dinars only, seventy Dinars of which in cash, and the remainder of one hundred and thirty Dinars
to be paid by two promissory notes; the first in the amount of sixty-five Dinars for a period of three months, and the second in the amount of
sixty-five Dinars for a period of seven months. And as the period of the mentioned year's lease has ended, and in view
of my desire to renew the lease contract, and as my current conditions are very poor in view of the current
economic crisis, I entrust the matter of renewing the lease contract for the new year to your command and your estimation of its annual rent
in your view for these difficult times, and I hope to be invited for a discussion regarding this new contract renewal, and to your presence much
respect .-
Sincerely,
The Tenan⟦t⟧
Isaac Abboudi Shalam
Page 282
Contract
A contract has been concluded between Mr. Heskel Daoud Shemtob, President of the Israelite Lay Council in Baghdad, referred to
hereafter as the Lessor, and Mr. Isaac Abboudi Shalam, referred to hereafter as the Lessee, as follows:
First - The Lessor has leased to the Lessee, and the latter has leased from the Lessor after viewing and inspection, the house located in Baghdad in
the Al-Tawrat neighborhood, numbered 73/139, for a full year starting from the first of October 950 (one thousand nine hundred and fifty) until 1 Nisan
Hebrew year 5711 (five thousand seven hundred and eleven) corresponding to ⟦12/4/951⟧ for a rental fee of seventy-five Dinars
only; and the Lessor has received the aforementioned amount from the Lessee in cash and in advance.
Second - The Lessee has the right of residence and habitation in the leased property for the duration of the lease mentioned above, and upon its conclusion, the Lessee is obliged to vacate the leased property
and hand it over to the Lessor free of occupants. If he delays in doing so, he shall be obliged to pay for the period of delay a daily rent of one
Dinar without the need for a formal notice.
Third - Property tax is on the Lessor, while water, electricity, and security fees are on the Lessee, and he is obliged to pay them regularly.
Written in two copies, with each of the two parties having one copy, in Baghdad on October 1, 1950.
Lessee | Lessor
Mr. Isaac Abboudi Shalam | Mr. Heskel Daoud Shemtob
| President of the Israelite Lay Council in Baghdad
⟦Revenue stamp: 75 fils⟧
⟦Revenue stamp: 75 fils⟧
The Lay Council of the Israelite Community in Baghdad 1930
12/4/951
⟦illegible signature⟧
⟦illegible signature⟧
⟦illegible signature⟧
Page 283
Department Copy
222
12/7/1949
To the honorable Mr. Salman Moshi Hesqel, respected
Tenant of the house numbered 73/139 Torah
Baghdad
After greetings
We wish to inform you that you have occupied the aforementioned house from
the expiration date of its lease contract, which ends at the end of the Hebrew April, corresponding to
29/4/1949 to 15/6/1949 without paying the rent
that is due from you for the mentioned period. We kindly ask you to pay this amount
as soon as possible. With regards;
⟦signature⟧
The President
The Trustee of the Dispensary Waqf
14
⟦illegible⟧
⟦faded stamp⟧
⟦faded stamp⟧
Page 284
286
1949/6/2
⟦Department Copy⟧
To the honorable Mr. Salman Moshi Haskiel, respected
Tenant of the house numbered 139/73 Torah
After greetings,
With reference to your letter dated 1949/4/5.
Since the period you requested to vacate the house occupied by
you and endowed by His Excellency Senator Ezra Menachem Daniel has expired and you
have not informed us to date of vacating this house, this is to notify you that we
have decided to vacate it through legal proceedings if you do not vacate it within
one week from the date of your receipt of this letter.
Please accept our respects.
⟦illegible⟧
The President
21
Y / A
Page 285
286
1949/6/2
The honorable Mr. Salman Moshe Haskell, Esq.
Tenant of the house numbered 73/139 Torah
After greetings,
With reference to your letter dated 1949/4/5.
Since the period you requested to vacate the house purchased
by you, which is endowed by His Excellency the Senator Ezra Menachem Daniel, has expired and
you have not informed us to date of vacating this house, we are notifying you that we
have decided to vacate it through legal proceedings if you do not vacate it within
one week from the date of your receipt of this letter.
Please accept our respect.
On behalf of
The President
Y/
Page 286
1949/3/
To the esteemed Mr. Salman Moshi Hezkiel
Residing at the house numbered 39/73 in the Torah Quarter - Baghdad
Through His Excellency the Notary Public of East Baghdad
After greetings,
We have previously sent you a letter numbered 242 dated February 2, 1949, in which we explained
to you that the house occupied by you, numbered 139/73 located in the Torah Quarter, was previously endowed
to be a clinic for treating the poor and needy, and in view of the urgent need to open and organize this clinic,
we requested you to take measures to vacate this house and hand it over to us at the end of the lease term, i.e., at the end of
Hebrew Nisan 5709.
Since your response has not reached us until now in this regard, we draw your attention to the fact that the term of your
lease for the mentioned house will end at the end of Nisan 5709 by the Hebrew calendar, according to the lease contract
dated May 10, 1948, exchanged between us.
Considering that the leased property is part of the annexed endowments (Waqf) and necessity dictates observing the interest of the endowment, and based
on the provisions of the law exempting endowment properties from the Rent Control Law, we notify you of the obligation to vacate
the leased property upon the expiration of the aforementioned lease contract. In case of your refusal, we will unfortunately be forced to file
a lawsuit against you in the competent courts and hold you liable for court costs and attorney fees, with a daily guarantee of
three hundred and fifty fils for each day the leased property remains occupied by you from the date the contract expires until
the date of vacation, as stated in the third paragraph of the house lease contract mentioned.
Please accept our respect.
Sincerely,
⟦signature⟧
Yovik
President of the Spiritual Council
In his capacity as the Trustee of the Endowment according to the Endowment Deed
issued by the Baghdad Court of First Instance
No. 944/67 dated April 30, 1944
Sh/H
Page 287
222
2 February 1949
To the honorable Mr. Salman Moshe Haskell, respected
Greetings and respect,
It is no secret to you that the house occupied by you and numbered 73/139
located in the Torah neighborhood was previously endowed to be a dispensary for the poor and needy.
As there is a total need to open and organize this dispensary at the present time due to the large number of applicants
from among the poor patients residing in the neighborhoods adjacent to the mentioned house, and because of what these patients endure
of trouble and expenses by going to the hospital every day, which has forced us to take decisive measures
with the aim of reaching the stage of starting to open the dispensary at the earliest possible opportunity. Therefore, we ask you
to take measures to vacate this house and hand it over to us at the end of the lease period, i.e., at the end of
Hebrew Nisan 5709. We have firm hope that you will take the initiative to support us in achieving this humanitarian project
which every individual of our noble community takes pride in.
We ask you to provide us with an answer as soon as possible.
This is with much respect to you,
Sincerely,
⟦signature⟧
President of the Lay Council
In his capacity as the Trustee of the Endowment
Y/
Page 288
Department Copy
224
February 2, 1949
The honorable Mr. Salman Moshe Heskel, respected
Greetings and respect,
It is no secret to you that the house occupied by you, numbered 139/73,
located in the Torah neighborhood, was previously endowed to be a clinic where the poor and needy receive medical treatment.
As there is a total need to open and organize this clinic at the present time due to the large number of applicants
among the poor patients living in the neighborhoods adjacent to the aforementioned house, and because of the troubles and expenses
these patients incur by going to the hospital every day, we have been forced to take decisive measures
in order to proceed with opening the clinic at the earliest possible opportunity. Therefore, we ask you
to take measures to vacate this house and hand it over to us at the end of the lease period, i.e., at the end of
Hebrew Nissan 5709. We have high hopes that you will take the initiative to support us in achieving this humanitarian
project, which is a source of pride for every member of our noble community.
We ask you to provide us with an answer as soon as possible.
With much respect to you;
Sincerely,
⟦Heskel Shemtob⟧
President of the Secular Council
In his capacity as the trustee of the endowment
Y/
⟦illegible⟧
2/2
Page 291
Submitted on 8 / 6 / 1949
45
42
Incoming
Number 226
Date 7 / 6 / 1949
File Number
Baghdad 2 / 6 / 1949
To His Excellency the President of the Lay Council of the Israelite Community Mr. Eliyahu Hayyim Tawfiq, Respectfully
Baghdad
20 / 5 / 1949
1761
After greetings:
Reference to your letter No. 282 dated 1 / 6 / 1949
I hope to inform you that I have rented an alternative house to move into, and since the delivery of
this house will be on Tuesday the 14th of this month, I will therefore vacate the house that
I occupy at the present time, which belongs to the endowment of ⟦the late Joseph⟧, on Wednesday the
15th of this month ⟦line⟧
This, and please accept the highest respect
Sincerely,
Aman Moshi
Alu
Page 293
1254
THE SOUTH BRITISH INSURANCE COMPANY LIMITED
The South British Insurance Company, Limited.
Baghdad, 6th Jan 1947
RECEIVED from The Jewish Lay Council
Baghdad
the sum of Iraq Dinars Three & fils five hundred
being pr. due under
Renewal 3565 & 3571
I.D. 3/500.
⟦illegible blue date stamp⟧
⟦Revenue stamp: Kingdom of Iraq / 8 fils⟧
For The South British Insurance Company Limited.,
H. D. SHOHET & E. AKEREB LTD.
Chief Agent
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.
⟦circular stamp: THE SOUTH BRITISH INSURANCE COMPANY LIMITED BAGHDAD⟧
⟦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.
For The SOUTH BRITISH INSURANCE Co. Ltd.
H.D. Shohet & E. Akereb Ltd.
⟦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.
⟦circular stamp: THE SOUTH BRITISH INSURANCE COMPANY LIMITED 2- JAN 1945 BAGHDAD⟧
⟦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:
For THE SOUTH BRITISH INSURANCE Co. Ltd.
⟦signature⟧
Chief Agent.
DEF.
Page 296
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.
⟦illegible circular stamp⟧
2 - JAN 1945
BAGHDAD
Iraq 30 fils
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.
Page 297
THE SOUTH BRITISH
INCORPORATED IN NEW ZEALAND
INSURANCE COMPANY, LTD.
MARINE · FIRE · ACCIDENT
FIRE POLICY
No.: 42/13496.
NAME: The Jewish Lay Council,
B a g h d a d.
SUM ASSURED: RS.: ID. 1100/---
ON: attached building.
SITUATION: ⟦...⟧9, Towrat Quart.
B a ⟦...⟧ a d.
EXPIRES: 1st January, 1946.
at 4 o'clock (S.T.) in the afternoon
The Assured is requested to read the Conditions
of this Policy.
T.I.P.—J.1416-42.
⟦illegible⟧
Page 299
Upon him, his intensity, his love, and his donkey
Visit the mother of the dialogues
(He gave her)
⟦illegible⟧
916
Baghdad Light & Power Co. Ltd.
Bagdad Light & Power Co. Ltd. No 1572
(INCORPORATED IN THE UNITED KINGDOM.)
Inst. No. / Subscription Number:
Name / Name: 73
Address / Address: 139
Subject : Electricity Meters. / Subject - Electricity Meters:
We have to-day removed We have today removed:
Meter No. 157776 Reading 2630 S Meter Number ⟦line⟧ Recorded ⟦line⟧
Meter No. ⟦line⟧ Reading ⟦line⟧ Meter Number ⟦line⟧ Recorded ⟦line⟧
Meter No ⟦line⟧ Reading ⟦line⟧ Meter Number ⟦line⟧ Recorded ⟦line⟧
Meter No. ⟦line⟧ Reading ⟦line⟧ Meter Number ⟦line⟧ Recorded ⟦line⟧
the property of ⟦line⟧ Belonging to ⟦line⟧
and installed instead 9212 and we installed in its place
Meter No. ⟦line⟧ Reading ⟦line⟧ Meter Number ⟦line⟧ Recorded ⟦line⟧
Meter No. ⟦line⟧ Reading ⟦line⟧ Meter Number ⟦line⟧ Recorded ⟦line⟧
Meter No. ⟦line⟧ Reading ⟦line⟧ Meter Number ⟦line⟧ Recorded ⟦line⟧
Meter No. ⟦line⟧ Reading ⟦line⟧ Meter Number ⟦line⟧ Recorded ⟦line⟧
the property of ⟦line⟧ Belonging to ⟦line⟧
Reason for change / Reason for replacement:
Signature / Signature: ⟦signature⟧
Date / Date: 23-6-49