AI English Translation, Pages 251-275
- 3 -
Fifteenth - The contractor must consult the Council regarding any dispute that may arise under the provisions of this agreement in
writing, and the Council must resolve the dispute within one month from the date of receiving the contractor's letter containing his viewpoint
on the nature of the dispute. He has no right to pursue any official or judicial method without first consulting the Council; otherwise, he alone
shall be responsible for all legal expenses and any other expenses incurred.
Sixteenth - The contractor undertakes to accept the account provided to him by the Council regarding compensation, interest, and expenses
incurred as security for the payment of the contract value plus interest and expenses, without prior objection, when the Council exercises
its powers set forth in this agreement during the contract period.
Seventeenth - No right or liability arising from any contract or undertaking between the contractor and a third party shall be accepted, which is between him and that
third party and in which the Council has no involvement; however, the contractor must maintain the duties incumbent upon him under this agreement
towards the Council.
Eighteenth - The provisions of this contract shall be effective as of April 1, 1942, which is the start of the contract in which the contractor began collecting
the weighing (Qabbaniya) fees. This agreement was concluded and signed by both parties in Baghdad and exchanged between them, duly certified.
The Second Party | The First Party
IRAQ POSTAGE
1 Dinar | 1 DINAR
⟦signature⟧
The Delegate
194
⟦signature⟧
with the intent of reducing what is offered for sale of meat to increase its price, throughout the duration of the strike and monopoly, and when the contractor fails to do so,
the Council alone has the right to terminate the contract immediately without prior notice, giving him the choice, and demanding compensation from the contractor in accordance with what was stated
in the previous paragraph regarding taking the necessary measures to meet the needs of the Jewish community for meat
at the expense of the aforementioned contractor and demanding the difference resulting from the decrease in the consideration with the statutory surplus starting from the date
of the occurrence of the strike and monopoly, and it also has the right to choose another method, which is to terminate the contract immediately and take the necessary measures
directly by providing sufficient sheep for slaughter in an amount sufficient to meet the community's need for Kosher meat, without the need to
give the contract to others, provided that its right of recourse against the contractor is reserved in terms of compensation, price difference, and surplus
and the wages of employees to implement this purpose without the need for prior notice.
Ninth - If the slaughterhouse slaughterers go on strike and refuse to slaughter based on sectarian differences and the Council takes upon itself
the slaughtering process in the slaughterhouse based on the strike resulting from the aforementioned differences, the contractor has the right to demand from the Council
the equivalent of the daily contract installment, which is the quotient of dividing the total contract consideration by the number of days on which slaughtering takes place
during the year, for the duration of the strike only.
Tenth - The holidays excluded from entering the contract period are the first nine days of the Hebrew month of Ab, one of
the two days of the New Year holiday "Rosh Hashanah", i.e., the first and second days of the Hebrew month of Tishrei, and the Day of Atonement "Kippur", i.e.,
the tenth day of the Hebrew month of Tishrei, and one of the first and last two days of each of the Feast of Tabernacles "Sukkot", i.e.,
the fifteenth, sixteenth, twenty-second, and twenty-third of the Hebrew month of Tishrei, and Passover "Unleavened Bread", i.e.,
the fifteenth, sixteenth, twenty-first, and twenty-second of the Hebrew month of Nisan, and the Revelation of the Torah "Shavuot",
i.e., the sixth and seventh days of the Hebrew month of Sivan, and all Saturdays.
Eleventh - All necessary slaughterhouse expenses for guarding, cleaning, and water fees paid according to the existing meter
in the slaughterhouse and the expenses of lighting the slaughterhouse with electricity shall be paid by the contractor alone, who must act according to the Council's instructions
regarding the organization of that as required by the interest, and the contractor must pay sixty dinars to the Council's fund for the account of
water and electricity fees in the slaughterhouse, and the Council is the one that undertakes the payment of these expenses temporarily in its time, provided that the accounting takes place
between the Council and the contractor at the end of the contract period.
Twelfth - The Council acknowledges that it has received from the contractor in cash the amount of one thousand two hundred and eighty -/1280 as estimated security
for the account of the contract consideration, which is a total of approximately ten percent 10%, provided that this is calculated from the last
two remaining months of the contract period, and the two parties acknowledge that the aforementioned amount is from the pure money of the contractor Hajj Abdul Razzaq
Al-Mulla Qaddo, and the contractor undertakes to pay the remainder of the contract consideration, which is eleven thousand seven hundred dinars -/11700 in twenty
installments, each installment of which is linked to a promissory note in the amount of five hundred and eighty dinars payable to the order of the Council, provided that
the first promissory note is due on April 15, 1942, and thus the maturities of the successive notes follow every fifteen consecutive days
and the last installment thereof is due on January 30, 1943.
Thirteenth - The start of the statutory surplus for each promissory note is considered from its maturity date without the need for prior notice, and the failure
to pay each of the promissory notes mentioned in the previous clause gives the Council the choice between fulfilling the right of the ⟦...⟧ for the contractor's account
at its current market price at the time of fulfillment, provided that this is calculated from the consideration of the promissory notes without prejudice to the right to demand
compensation, surplus, and expenses related to the decrease in the contract consideration and without the need for prior notice thereof, and between terminating the contract
and giving it to others while reserving the claim for compensation, surplus, and decrease in consideration from the contractor without the need for prior notice.
Fourteenth - The total cash security is considered twenty percent of the contract consideration, of which ten percent is original security
and ten percent is compensatory security for the guarantee that must be taken as security for the implementation of the provisions of this contract and the payment of each promissory note
of the promissory notes referred to in the twelfth clause, and this guarantee is canceled when the compensatory security is paid to the Council's fund.
- 4 -
I, the undersigned, acknowledge that I have guaranteed Mr. Hajj Abdul Razzaq Al-Mulla Qadu to
the Israelite Spiritual Council in Baghdad, and I have made myself a guarantor before the aforementioned Council for the implementation of
this agreement and the payment of the promissory notes with their interest until the payment provided for in Articles 12 and 13 of the agreement.
However, the guarantee and the liability resulting from this sponsorship shall be limited to an amount not exceeding one thousand two hundred and ninety-eight
dinars, which represent the deposits placed for the aforementioned guarantee in Article 14 of this agreement.
This guarantee shall be considered null and void when the aforementioned amount is paid to the aforementioned Council as deposits -
calculated for the account of the contractor from the commitment fee pursuant to Article 14 of this agreement.
Guarantor
Car insurance policies for His
Eminence the Head of the Community
The Union A. G. Ins. Co
% I. & P. Adas
THE
SOUTH BRITISH
INCORPORATED IN NEW ZEALAND
INSURANCE COMPANY, LTD.
MARINE · FIRE · ACCIDENT
FIRE POLICY
No.: 42/14842
NAME: M/s The Jewish Lay Council
SUM ASSURED RS.: ID. 1000/-
ON: Building No. 73/139
SITUATION: Towrat Str.,
EXPIRES: 1st January, '51
The Assured is requested to read the Conditions
of this Policy.
T.I.P.—B. 1114-47.
Form No. 1
THE SCHEDULE.
Premium :: ID. 1/875 @ 1/875%0.
Policy No.: 42/14842
The Assured: The Jewish Lay Council
Address: B a g h d a d .
Period of Insurance | From the | day of | 194 | until 4 o'clock (Standard Time) on the afternoon of the | day of | 194
| First | January | 50 | First | January | 51
THE PROPERTY.:
SUM(S) ASSURED.: ID.1000/--.
IRAQ DINARS ONE THOUSAND ONLY
On an attached building (Excluding plinths, foundations and pavements)
occupied as dwelling only, ground and one storey in height, brick-built
with brick-arched roofing, bearing Municipal No.73/139 , situate at
Towrat Quarter, Baghdad.
Lighting and heating by firewood, coal, kerosene and/or electricity
allowed.
⟦illegible⟧ provision of law to the
⟦illegible⟧
⟦illegible⟧
Salim ⟦illegible⟧
Kingdom of Iraq
25 Fils
Kingdom of Iraq
10 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 10th day of January 194 50
For The South British Insurance Co. Ltd.
⟦illegible signature⟧
Examined.: ⟦illegible⟧
Agent/Broker.: ⟦illegible⟧
(d) If the interest in the property insured pass from the Assured otherwise than by ⟦line⟧
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 including 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 loss 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 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 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 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.
3571.
EXPIRY NOTICE.
The Sect
TELEPHONE Nos.
Office : 3946.
Residence : 4557.
THE
SOUTH BRITISH
INSURANCE COMPANY, LIMITED.
Messrs. H. D. SHOHET & E. AKEREB, LTD.—Chief Agents.
Samawaal (Banks') Street,
BAGHDAD,:
19: .
M/s. The Jewish Lay Council, ⟦line⟧
Sir,
For your security I beg to remind you of the expiry of your policy as
described below.
I am, Sir,
Yours faithfully,
W H Shohet
Agents.
Policy No.: 42/ 13496
Expiry Date at 4 p.m. (S.T.): 1 - 1 - 19 50 .
Sum Insured I. D.: 1,100/-
Premium I. D.: ⟦line⟧
400
1000
on: building of dwellings only, Mpl. No.73/139,
at: Towrat Quarter, Baghdad.
N. B. 1. If any alteration has been made by which the risk has been increased or otherwise
changed the circumstances should be made known to the Company's Agent.
N. B. 2. The rates in respect of this policy are subject to alteration in the event of the
Tariff ratings being revised at the time of the renewal.
Form No. 62.
B.I.P.—722—3-49.
42/ 14842
uary 194 50
uary 194 51
SUM(S) ASSURED.
ID. 1000/---
ndations and pavements)
ht, brick-built
situate at
ne and/or electricity
Iraq
Financial
25 Fils
Rescue
Palestine
10 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 10th day of January 194 50
Examined: ⟦line⟧
Agent/Broker: ⟦line⟧
For The South British Insurance Co. Ltd.
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.
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 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 including 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 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 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 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.
1932
The South British Insurance Company, Limited.
Baghdad, 5th Feb 1950
RECEIVED from: M/s. The Jewish Lay Council, Baghdad
the sum of Iraq Dinars: Three & fils three hundred seventy five only, being premium due under fire policies Nos. 42/148 & 41/2 for £ 1000/- & £ 1000/-, paid as per O.B. cheque No. 692430
I.D.: 3/375
For The South British Insurance Company Limited.,
H. D. SHOHET & E. AKEREB LTD.
⟦illegible⟧
Chief Agent
8 fils
at Towrat quarter, Baghdad.
N. B. 1. If any alteration has been made by which the risk has been increased or otherwise changed the circumstances should be made known to the Company's Agent.
N. B. 2. The rates in respect of this policy are subject to alteration in the event of the Tariff ratings being revised at the time of the renewal.
Form No. 62. B.I.P.—722—3-49.
25 fils
10 fils
⟦illegible⟧
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: 10th
day of: January
194: 50
Examined: ⟦illegible⟧
Agent/Broker: ⟦illegible⟧
For The South British Insurance Co. Ltd.
⟦illegible⟧
Form No. 1.
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.
The Iraq Insurance Office Ltd.
(Incorporated in Iraq)
The Iraq Insurance Office Ltd.
( INCORPORATED IN IRAQ )
Directors
EZRA E. ANI Chairman
E. D. H. HAIM
Y. Y. NOONOO
S. D. TAWFIK
N. I. AMBER
PHONE NO. 7807
HEAD OFFICE: 96-9 MUSTANSIR STREET
Baghdad March 19 50.
( POST BOX NO. 129 )
To: The Jewish Lay Council.
To:
Dear Sir(s),
We have to inform you that
your Motor Policy No. 9189.
with the GUARDIAN ASSURANCE Co.
Ltd. for the sum of I.D. 1000/-.
covering Chevrolet Bd.330.
expires on the 25th March, 19 50
The premium for renewal for 12
months will be I.D. 24/975 and we 10% " 2.497 No Claim Bonus.
shall be glad to receive your instructions. ID.22.478.
Yours faithfully,
For THE IRAQ INSURANCE OFFICE LTD.
We inform you that the insurance policy numbered
for the Guardian Assurance Company Limited
in the amount of Dinars for insurance on
is due in the year 19
The insurance premium for its renewal for a period of months
amounts to Dinars, so please provide us with your instructions
regarding that. ID.24.975
Please accept our highest respect.
⟦signature⟧
NOTE :- If the nature of risk be in any respect changed, it is necessary for your security that the circumstances are made known to this office.
1 - It is necessary that you inform us of all changes that occur in the type of risk to your insured property.
Please estimate the present value of the property to be insured as the insurance Company takes no responsibility in the matter.
2 - Please estimate the current value of your property because the insurance company is not responsible in this regard.
Accountant
For filing for reference
19 / 2 / 5
No. 6900
Baghdad, 31st March 1949
THE IRAQ INSURANCE OFFICE LTD.
(INCORPORATED IN IRAQ)
Received from: Rabbi Sassoon Khedhoory
the sum of Iraq Dinars: Twenty Two only
against: Motor Car Insurance
as per: Cheque
I. D. 22/-
⟦illegible stamp⟧
31 MAR 1949
8 Fils
For THE IRAQ INSURANCE OFFICE LTD.
⟦signature⟧
7807
With compliments
The Iraq Insurance Office Ltd.
96/9 Mustansir Street, Phone No. 598
With Compliments.
The Iraq Insurance Office Ltd.
96/9 Mustansir Street, Baghdad.
Phone No. 598.
⟦illegible⟧
The Iraq Insurance Office Co. Ltd.
Debit Note No 215 (Incorporated in Iraq)
BAGHDAD.: 27th March 1949
Dr.: Rabbi Sasson Khedoory
TO The Iraq Insurance Office Ltd.
(INCORPORATED IN IRAQ)
| I. D. | FILS
To Mtr Car poly no 9189 | ⟦24⟧ | 975
ID Twenty four ⟦dinars⟧ nine hundred | |
seventy five | |
Rebate | 2 | 975
| 22 | 000
THE ⟦illegible⟧
⟦illegible⟧
Guardian Assurance Company
Limited.
Subscribed Capital
£ 2,059,971.
Paid up Capital
£ 1,024,578.
IRAQ
POSTAGE REVENUE
25 FILS
100 FILS
⟦Cancellation stamp dates visible: 27 7 48⟧
INCORPORATED IN ENGLAND.
Established 1821.
PRIVATE MOTOR CAR
(COMPREHENSIVE POLICY)
Whereas the Insured designated in the Schedule hereto has applied to the Guardian Assurance Company
Limited (hereinafter called "the Company") by a Proposal which the Insured has agreed shall be deemed to be of a promissory
nature and effect and the basis of this Contract and which is deemed to be incorporated herein and has paid or agreed to pay the
premium stated in the Schedule hereto as consideration for the Indemnity hereinafter contained.
Now this Policy Witnesseth that the Company will subject to the Terms Provisions and Conditions contained herein or
endorsed hereon indemnify the Insured against loss damage and/or liability as hereunder mentioned actually occurring or arising
during the period stated in the Schedule hereto or during any period for which the Company may accept payment for the renewal
of this Policy that is to say :—
1. Loss of or Damage to any Motor Car described in the Schedule hereto and necessary Lamps Tyres and Accessories whilst
thereon resulting from any Accidental Collision or Overturning or Collision or Overturning consequent upon Mechanical
Breakdown or consequent upon Wear and Tear but excluding accidental damage to Tyres unless such Motor Car is damaged
at the same time.
2. Loss of or Damage to any Motor Car described in the Schedule hereto and necessary Lamps Tyres and Accessories whilst
thereon
(a) By Fire External Explosion Self Ignition or Lightning or Burglary Housebreaking or Theft or
(b) By Malicious Act or
(c) In transit by Road Rail Inland Waterway Lift or Elevator
but excluding damage to Tyres unless such Motor Car is damaged at the same time.
3. The cost of protection and removal of any Motor Car described in the Schedule hereto to the nearest repairers in consequence
of accident causing damage which is covered hereunder but not exceeding twenty per cent. of the agreed cost of the repairs.
4. Liability at law for compensation (including Law Costs of any claimant) for death of or bodily injury to any person caused
by the use of any Motor Car described in the Schedule hereto except where such death or injury arises out of or in the course
of the employment of such person by the Insured and excluding liability to a person being a member of the Insured's
household. Provided that the liability of the Company is limited in respect of any one claim or series of claims arising
out of one event to the sum stated in the Schedule hereto including such Law Costs.
5. Liability at law for compensation (including Law Costs of any claimant) for damage caused by the use of any Motor Car
described in the Schedule hereto to property other than property belonging to held in trust by or in the custody or control
of the Insured or a member of the Insured's household. Provided that the liability of the Company is limited in respect
of any one claim or series of claims arising out of one event to the sum stated in the Schedule hereto including such Law
Costs.
6. Liability at law as defined in Clauses 4 and 5 above arising whilst the Insured is personally 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 cars described in
the Schedule hereto is not in use at the time and (b) the liability of the Company under this Clause shall not exceed the
respective limits of indemnity under the aforesaid Clauses 4 and 5.
7. All costs and expenses incurred with the written consent of the Company.
It is also agreed that :
8. In the terms of and subject to the limitations of and for the purposes of Clauses 4 5 and 7 of this Policy the Company will
at the request of the Insured treat as though he were the Insured any relative or friend of the Insured whilst driving any
Motor Car described in the Schedule hereto for social domestic or pleasure purposes with the Insured's general knowledge
and consent provided :—
(1) That such relative or friend is not entitled to indemnity under any other Policy.
(2) That such relative or friend shall as though he were the Insured observe fulfil and be subject to the Terms Provisions
Conditions and Endorsements of this Policy insofar as they can apply.
(3) That such relative or friend has not been refused any Motor Vehicle insurance or continuance thereof by any Insurance
Company or Underwriter.
(4) That such relative or friend is at the time a duly licensed driver.
F.M.C. 24. 7.37.
9. The Insured may authorise the repair of any Motor Car described in the Schedule hereto necessitated by 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 stated in the Schedule hereto.
(b) That the Company be furnished forthwith with a detailed estimate of the cost and
(c) That the Insured shall give the Company every assistance to see that such repair is necessary and the charge
reasonable.
10. The Company may at its own option arrange for representation at any Inquest or Fatal Enquiry in respect of any death
which may be the subject of indemnity under this Policy and may undertake the defence of proceedings in any Police Court
or Court of First Instance in respect of any act or alleged offence causing or relating to any event which may be the subject
of indemnity under this Policy.
11. The Company will pay to the Insured the reasonable medical expenses incurred in connection with any bodily injury by
violent accidental external and visible means sustained by the Insured or his driver or any occupant of any Motor Car
described in the Schedule hereto as the direct and immediate result of an accident to such Motor Car provided that the
liability of the Company in respect of any one accident shall not exceed the sum stated in the Schedule hereto.
Provided always that the Company shall not be liable to make any payment in respect of :—
(a) Any accident loss damage or liability caused or arising outside the geographical area stated in the Schedule hereto.
(b) Consequential loss sustained by the Insured or loss of use of any Motor Car described in the Schedule hereto.
(c) Wear and Tear and/or depreciation of any Motor Car described in the Schedule hereto or any part of such Motor Car.
(d) Mechanical Fracture and/or Mechanical or Electrical Breakdown or failure of any part of any Motor Car described in the
Schedule hereto.
(e) Damage to any Motor Car described in the Schedule hereto caused by overloading or strain.
(f) Any accident loss damage or liability caused or arising whilst any Motor Car in connection with which insurance or indemnity
is granted hereunder is let on hire or is being used for racing pace-making reliability trial or speed testing or any purposes
in connection with the Motor Trade or for the transport of goods or for the conveyance of passengers for monetary or
equivalent consideration or is being driven by the Insured (or by any other person with the general knowledge and consent
of the Insured) whilst unlicensed or not qualified at the time to hold a driving licence or whilst under the influence of
intoxicating liquor or drugs.
(g) Any accident loss damage or liability directly or indirectly proximately or remotely occasioned by contributed to by or
traceable to or arising out of or in connection with Flood Typhoon Hurricane Windstorm Volcanic Eruption Earthquake
or other convulsion of nature Invasion the act of Foreign Enemies Hostilities or Warlike Operations (whether before or
after Declaration of War) Strike Riot Civil Commotion Rebellion Military or Usurped Power or by any direct or indirect
consequences of any of the said occurrences and in the event of any claim hereunder the Insured shall prove that the accident
loss damage and/or liability arose independently of and was in no way connected with or occasioned by or contributed to
by or traceable to any of the said occurrences or any consequence thereof and in default of such proof the Company shall
not be liable to make any payment in respect of such a claim.
Provided also that the due observance and fulfilment of the Terms Provisions Conditions and Endorsements of this
Policy by the Insured insofar as they relate to anything to be done or complied with by the Insured and the truth of the statements
and answers in the said Proposal shall be conditions precedent to any liability of the Company to make any payment under this
Policy. No waiver of any of the Terms Provisions Conditions and Endorsements of this Policy shall be valid unless made in writing
signed by the Agent of the Company.
THE CONDITIONS ABOVE REFERRED TO ARE :—
1. Notice shall be given in writing to the Company immediately upon the occurrence of any accident or loss or damage or
in the event of any claim. Every letter claim writ summons and/or process shall be forwarded to the Company immediately on
receipt by the Insured. Notice shall also be given in writing to the Company immediately the Insured shall have knowledge of
any impending prosecution in respect of any occurrence which may give rise to a claim under this Policy. In case of theft or other
criminal act which may be the subject of a claim under this Policy the Insured shall give immediate notice to the Police and co-operate
with the Company in securing the conviction of the offender.
2. No admission offer promise or payment shall be made by the Insured without the written consent of the Company which
shall be entitled if it so desires to take over and conduct in the name of the Insured the defence or settlement of any claim or to
prosecute in his name for its own benefit any claim for indemnity or damages or otherwise against any third party and shall have
full discretion in the conduct of any proceedings or in the settlement of any claim and the Insured shall give all such information
and assistance as the Company may require.
3. In the event of loss of or damage to any Motor Car described in the Schedule hereto the Company may at its own option
repair reinstate or replace such Motor Car or part thereof and/or its accessories or pay in cash the amount of the loss or damage and
the liability of the Company shall not exceed the actual value of the parts damaged or lost plus the reasonable cost of fitting and
in no case exceed the Insured's estimate of the value of such Motor Car (including Accessories thereon) as specified in the Schedule
hereto or the value of such Motor Car (including Accessories thereon) at the time of the loss or damage whichever is the less.
4. The Insured shall take all reasonable steps to safeguard from loss or damage and to maintain in efficient condition any
Motor Car described in the Schedule hereto and the Company shall have at all times free and full access to examine such Motor
Car or any part thereof or any driver or employee of the Insured. In the event of an accident or breakdown such Motor Car shall
not be left unattended without proper precautions being taken to prevent further damage or loss and if such Motor Car be driven
before the necessary repairs are effected any extension of the damage or further accident arising shall be entirely at the Insured's
own risk.
5. The Company may cancel this Policy by sending seven days' notice by registered letter to the Insured at his last known
address and in such event will return to the Insured the premium less the pro rata portion thereof for the period the Policy has
been in force or the Policy may be cancelled at any time by the Insured on seven days' notice (provided no claim has arisen during
the then current period of insurance) and the Insured shall be entitled to a return of the premium less premium at the Company's
Short Period rates for the time the Policy has been in force.
6. If at the time any claim arises under this Policy there is any other existing Insurance covering the same loss damage or
liability the Company shall not be liable to pay or to contribute more than its rateable proportion of any loss damage compensation
costs or expense. Provided always that nothing in this condition shall impose on the Company any liability from which but for this
condition it would have been relieved under the provisions of Proviso (1) of Clause 8 of this Policy.
7. All differences arising out of this Policy shall 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 one calendar month after having been required in writing so to do by either of the parties or
in case the Arbitrators do not agree of an Umpire appointed in writing by the Arbitrators before entering upon the reference. The
Umpire shall sit with the Arbitrators and preside at their meetings and the making of an Award shall be a condition precedent to
any right of action against the Company. If the Company shall disclaim liability to the Insured for any claim hereunder and such
claim shall not within twelve calendar months from the date of such disclaimer have been referred to arbitration under the provisions
herein contained then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable
hereunder.
Loss of Rugs (Coats or Luggage).
In consideration of the payment of an additional premium it is hereby understood and agreed that the Company will indemnify the Insured against loss of or damage to (Rugs-) (Rugs Coats or Luggage) (Rugs Coats or Personal Luggage- excluding money and jewellery and) excluding goods and samples in connection with any trade or business- whilst such property is in or on any Motor Car described in the Schedule hereto where such loss or damage is occasioned by Fire External Explosion Self Ignition or Lightning or Burglary Housebreaking or Theft.
Provided always that the liability of the Company hereunder shall be limited to ID.20/000 in respect of any one occurrence.
Subject otherwise to the terms provisions and conditions of the Policy.
⟦...⟧ Twenty-fifth ⟦...⟧
⟦...⟧ Heskel Shemtob ⟦...⟧
⟦...⟧ Jewish Community, Baghdad. ⟦...⟧
⟦...⟧ President Jewish Community. ⟦...⟧
⟦...⟧ Iraqi ⟦...⟧
Registered Letter and Number | Make of Car | Horse Power | Type of Body | Year of Manufacture | Seating Capacity including Driver | Insured's estimate of Value, including accessories thereon
BD.330. | CHEVROLET. | 30. | Saloon | 1946. | Five | ID.1000/-.
Limit of amount of the Company's liability under Clause 4 of the Policy | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ID. 10.000/-.
Limit of amount of the Company's liability under Clause 5 of the Policy | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | " 20.000/-.
Maximum amount for which the Insured is permitted to authorise repairs under Clause 9 (a)... | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | " 10/-.
Limit of amount of the Company's liability for Medical Expenses under Clause 11 | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | " 20/-.
In Witness whereof we have hereunto subscribed our names.
For and on behalf of the Company
THE IRAQ INSURANCE OFFICE LTD.
⟦illegible signature⟧
Managing Director
⟦illegible signature⟧
Director
by Power of Attorney
Exd.
Entd.
9. The Insured may authorize the repair of any Motor Car described ⟦illegible⟧
the Company may be liable under this Policy provided :—
(a) That the estimated cost of such repair does not exceed the amount stated in the Schedule hereto.
(b) That the Company be furnished forthwith with a detailed estimate of the cost.
⟦line⟧
Loss of Rugs, Coats or Luggage (Optional)
In consideration of the payment of an additional premium it is hereby
understood and agreed that the Company will indemnify the Insured
against loss of or damage to Rugs, Coats (other than Fur Coats),
Luggage and Personal Effects, excluding money, stamps, tickets,
jewellery (and excluding Goods and Samples in connection with any
trade or business) whilst such property is in or on any Motor
Car described in the Schedule hereto where such loss or damage is
occasioned by Fire, External Explosion, Self-Ignition or Lightning or
Burglary, Housebreaking or Theft.
Provided always that the liability of the Company hereunder
shall be limited to ID. 20/000 in respect of any one occurrence.
Subject otherwise to the terms, provisions and conditions
of the Policy.
10. ⟦illegible⟧
11. ⟦illegible⟧
Provided always that the Company shall not be liable under this Policy in respect of :—
(a) ⟦illegible⟧
(b) ⟦illegible⟧
(c) Wear and tear and/or depreciation of any Motor Car described in the Schedule hereto or any part of such Motor Car.
(d) ⟦illegible⟧
⟦illegible text from reverse side of page showing through⟧
⟦illegible⟧
⟦illegible⟧
⟦signature⟧
⟦illegible⟧ was in no way connected with or occasioned by or contributed to
⟦illegible⟧ to any of the said occurrences or any consequence thereof and in default of such proof the Company shall
not be liable to make any payment in respect of such a claim.
Provided also that the due observance and fulfilment of the Terms Provisions Conditions and Endorsements of this
Policy by the Insured insofar as they relate to anything to be done or complied with by the Insured and the truth of the statements
and answers in the said Proposal shall be conditions precedent to any liability of the Company to make any payment under this
Policy. No waiver of any of the Terms Provisions Conditions and Endorsements of this Policy shall be valid unless made in writing
signed by the Agent of the Company.
THE CONDITIONS ABOVE REFERRED TO ARE :—
1. Notice shall be given in writing to the Company immediately upon the occurrence of any accident or loss or damage or
in the event of any claim. Every letter claim writ summons and/or process shall be forwarded to the Company immediately on
receipt by the Insured. Notice shall also be given in writing to the Company immediately the Insured shall have knowledge of
any impending prosecution in respect of any occurrence which may give rise to a claim under this Policy. In case of theft or other
criminal act which may be the subject of a claim under this Policy the Insured shall give immediate notice to the Police and co-operate
with the Company in securing the conviction of the offender.
2. No admission offer promise or payment shall be made by the Insured without the written consent of the Company which
shall be entitled if it so desires to take over and conduct in the name of the Insured the defence or settlement of any claim or to
prosecute in his name for its own benefit any claim for indemnity or damages or otherwise against any third party and shall have
full discretion in the conduct of any proceedings or in the settlement of any claim and the Insured shall give all such information
and assistance as the Company may require.
3. In the event of loss of or damage to any Motor Car described in the Schedule hereto the Company may at its own option
repair reinstate or replace such Motor Car or part thereof and/or its accessories or pay in cash the amount of the loss or damage and
the liability of the Company shall not exceed the actual value of the parts damaged or lost plus the reasonable cost of fitting and
in no case exceed the Insured's estimate of the value of such Motor Car (including Accessories thereon) as specified in the Schedule
hereto or the value of such Motor Car (including Accessories thereon) at the time of the loss or damage whichever is the less.
4. The Insured shall take all reasonable steps to safeguard from loss or damage and to maintain in efficient condition any
Motor Car described in the Schedule hereto and the Company shall have at all times free and full access to examine such Motor
Car or any part thereof or any driver or employee of the Insured. In the event of an accident or breakdown such Motor Car shall
not be left unattended without proper precautions being taken to prevent further damage or loss and if such Motor Car be driven
before the necessary repairs are effected any extension of the damage or further accident arising shall be entirely at the Insured's
own risk.
5. The Company may cancel this Policy by sending seven days' notice by registered letter to the Insured at his last known
address and in such event will return to the Insured the premium less the pro rata portion thereof for the period the Policy has
been in force or the Policy may be cancelled at any time by the Insured on seven days' notice (provided no claim has arisen during
the then current period of insurance) and the Insured shall be entitled to a return of the premium less premium at the Company's
Short Period rates for the time the Policy has been in force.
6. If at the time any claim arises under this Policy there is any other existing Insurance covering the same loss damage or
liability the Company shall not be liable to pay or to contribute more than its rateable proportion of any loss damage compensation
costs or expense. Provided always that nothing in this condition shall impose on the Company any liability from which but for this
condition it would have been relieved under the provisions of Proviso (1) of Clause 8 of this Policy.
7. All differences arising out of this Policy shall 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 one calendar month after having been required in writing so to do by either of the parties or
in case the Arbitrators do not agree of an Umpire appointed in writing by the Arbitrators before entering upon the reference. The
Umpire shall sit with the Arbitrators and preside at their meetings and the making of an Award shall be a condition precedent to
any right of action against the Company. If the Company shall disclaim liability to the Insured for any claim hereunder and such
claim shall not within twelve calendar months from the date of such disclaimer have been referred to arbitration under the provisions
herein contained then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable
hereunder.
THE SCHEDULE.
Policy No.: 9189.
Premium: ID.24/975.
Period of Insurance—From noon on the: Twentyfifth day of March, 1949,
to noon on the: Twentyfifth day of March, 1950.
The Insured: Hakham Sasson Khedhoury.
Address: Jewish Community, Baghdad.
Occupation or Profession: President Jewish Community.
Geographical Area referred to in Proviso (a): Iraqi Kingdom.
Registered Letter and Number | Make of Car | Horse Power | Type of Body | Year of Manufacture | Seating Capacity including Driver | Insured's estimate of Value, including accessories thereon
BD.330. | CHEVROLET. | 30. | Saloon | 1946. | Five | ID.1000/-.
Limit of amount of the Company's liability under Clause 4 of the Policy ⟦line⟧ ID.10.000/-.
Limit of amount of the Company's liability under Clause 5 of the Policy ⟦line⟧ " 20.000/-.
Maximum amount for which the Insured is permitted to authorise repairs under Clause 9 (a)... ⟦line⟧ " 10/-.
Limit of amount of the Company's liability for Medical Expenses under Clause 11 ⟦line⟧ " 20/-.
In Witness whereof we have hereunto subscribed our names.
For and on behalf of the Company
THE IRAQ INSURANCE OFFICE LTD.
⟦signature⟧
Managing Director
⟦signature⟧
Director
by Power of Attorney
Exd.
Entd.
Guardian
Assurance Company Limited.
HEAD OFFICE :
68, KING WILLIAM STREET, LONDON.
PRIVATE MOTOR CAR
(Comprehensive Policy)
No.: 9189.
Premium -: ID. 24/975.
Renewal Date: 25th March, 1950.
Notwithstanding any provision of law to the contrary or any
provisions thereof the Company shall in no event be liable
under clauses 1,2,3,9 & 11 of this policy for more than the value of
property insured at the time of any loss or damage happening the
thereto.
⟦line⟧
In the event of a claim for repairs and spare parts being
admitted by the Company, it is expressly declared and -
agreed that it will be settled on the basis of the prices
fixed by the Government and ruling at the time of the loss.
-o-o-o-
I. & C. ADES, LIMITED,
⟦illegible⟧
DIRECTOR.
2388505
L'UNION
FIRE, ACCIDENT and GENERAL INSURANCE COMPANY LIMITED
ESTABLISHED IN 1828
Head Office — 9, Place Vendôme - PARIS
(Incorporated in France)
Renewal <del>OR</del> Policy N°: 11149
NATURE OF THE RISK: CHEVEROLET, SALOON, 30HP., Model-1946, No. BD.330
AMOUNT INSURED: ID.750/-
RATE %: -
TOTAL PREMIUM: ID.21/175.
RECEIVED from H. E. SASSON KHEDOORIE, BAGHDAD ⟦line⟧
the sum of IRAQ DINARS TWENTYONE & FILS ONEHUNDRED SEVENTYFIVE ONLY ⟦line⟧ being premium
for the Renewal of policy N° 11043 on the same terms and conditions for twelve months
from the 15th April, ⟦line⟧ 1948 at 4 o'clock p. m. to the 15th April, ⟦line⟧ 1949. at 4 o'clock p. m.
BAGHDAD, this 12th ⟦line⟧ day of A P R I L, ⟦line⟧ 1948.
Per Pro I. & C. ADES, LTD., For the Company :
⟦signature⟧
DIRECTOR, Chief Agent
GENERAL AGENTS.
⟦Revenue stamps: 10 fils, 100 fils⟧
⟦Circular stamp: I. & C. ADES, LTD - BAGD / INSURANCE DEPT.⟧
I. S. E. N 9051 - Frazier-Soye
IRAQ
ESTABLISHED 1828
15 FILS
15 FILS
IRAQ
10 FILS
10 FILS
IRAQ
147
THE UNION
Fire Accident and General Insurance
Company
Limited
(of Paris)
(Incorporated in France)
MOTOR POLICY
(Private and/or Commercial Vehicle)
PRIVATE MOTOR CARS.
Whereas the Insured designated in the Schedule hereto has applied to THE UNION FIRE, ACCIDENT AND GENERAL INSURANCE COMPANY, LIMITED (hereinafter
called "the Company") by a Proposal which the Insured has agreed shall be deemed to be of a promissory nature and effect and the basis of this Contract and which is deemed
to be incorporated herein and has paid or agreed to pay the premium stated in the Schedule hereto as consideration for the Indemnity hereinafter contained.
Now this Policy Witnesseth that the Company will subject to the Terms Provisions and Conditions contained herein or endorsed hereon indemnify the Insured
against loss damage and/or liability as hereunder mentioned actually occurring or arising during the period stated in the Schedule hereto or during any period for which the
Company may accept payment for the renewal of this Policy that is to say :—
1. Loss of or Damage to any Motor Car described in the Schedule hereto and necessary Lamps Tyres and Accessories whilst thereon resulting from any Accidental
Collision or Overturning or Collision or Overturning consequent upon Mechanical Breakdown or consequent upon Wear and Tear but excluding accidental damage
to Tyres unless such Motor Car is damaged at the same time.
2. Loss of or Damage to any Motor Car described in the Schedule hereto and necessary Lamps Tyres and Accessories whilst thereon
(a) By Fire External Explosion Self Ignition or Lightning or Burglary Housebreaking or Theft or
(b) By Malicious Act or
(c) In transit by Road Rail Inland Waterway Lift or Elevator
but excluding damage to Tyres unless such Motor Car is damaged at the same time.
3. The cost of protection and removal of any Motor Car described in the Schedule hereto to the nearest repairers in consequence of accident causing damage which
is covered hereunder but not exceeding twenty per cent. of the agreed cost of the repairs.
4. Liability at law for compensation (including Law Costs of any claimant) for death of or bodily injury to any person caused by the use of any Motor Car described
in the Schedule hereto except where such death or injury arises out of or in the course of the employment of such person by the Insured and excluding liability
to a person being a member of the Insured's household. Provided that the liability of the Company is limited in respect of any one claim or series of claims arising
out of one event to the sum stated in the Schedule hereto including such Law Costs.
5. Liability at law for compensation (including Law Costs of any claimant) for damage caused by the use of any Motor Car described in the Schedule hereto to property
other than property belonging to held in trust by or in the custody or control of the Insured or a member of the Insured's household. Provided that the liability
of the Company is limited in respect of any one claim or series of claims arising out of one event to the sum stated in the Schedule hereto including such Law Costs.
6. Liability at law as defined in Clauses 4 and 5 above arising whilst the Insured is personally 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 cars described in the Schedule hereto is not in use at the time and (b) the liability of the Company under this Clause
shall not exceed the respective limits of indemnity under the aforesaid Clauses 4 and 5.
7. All costs and expenses incurred with the written consent of the Company.
It is also agreed that :
8. In the terms of and subject to the limitations of and for the purposes of Clauses 4, 5 and 7 of this Policy the Company will at the request of the Insured
treat as though he were the Insured any relative or friend of the Insured whilst driving any Motor Car described in the Schedule hereto for social domestic
or pleasure purposes with the Insured's general knowledge and consent provided :—
(1) That such relative or friend is not entitled to indemnity under any other Policy.
(2) That such relative or friend shall as though he were the Insured observe fulfil and be subject to the Terms Provisions Conditions and Endorsements of this
Policy insofar as they can apply.
(3) That such relative or friend has not been refused any Motor Vehicle insurance or continuance thereof by any Insurance Company or Underwriter.
(4) That such relative or friend is at the time a duly licensed driver.
9. The Insured may authorise the repair of any Motor Car described in the Schedule hereto necessitated by 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 stated in the Schedule hereto.
(b) That the Company be furnished forthwith with a detailed estimate of the cost and
(c) That the Insured shall give the Company every assistance to see that such repair is necessary and the charge reasonable.
10. The Company may at its own option arrange for representation at any Inquest or Fatal Enquiry in respect of any death which may be the subject of indemnity under this
Policy and may undertake the defence of proceedings in any Police Court or Court of First Instance in respect of any act or alleged offence causing or relating
to any event which may be the subject of indemnity under this Policy.
11. The Company will pay to the Insured the reasonable medical expenses incurred in connection with any bodily injury by violent accidental external and visible
means sustained by the Insured or his driver or any occupant of any Motor Car described in the Schedule hereto as the direct and immediate result of an
accident to such Motor Car provided that the liability of the Company in respect of any one accident shall not exceed the sum stated in the Schedule hereto.
Provided always that the Company shall not be liable to make any payment in respect of:—
(a) Any accident loss damage or liability caused or arising outside the geographical area stated in the Schedule hereto.
(b) Consequential loss sustained by the Insured or loss of use of any Motor Car described in the Schedule hereto resulting from any accident.
(c) Wear and Tear and/or depreciation of any Motor Car described in the Schedule hereto or any part of such Motor Car
(d) Mechanical Fracture and/or Mechanical or Electrical Breakdown or failure of any part of any Motor Car described in the Schedule hereto.
(e) Damage to any Motor Car described in the Schedule hereto caused by overloading or strain.
(f) Any accident loss damage or liability caused or arising whilst any Motor Car in connection with which insurance or indemnity is granted hereunder is let on hire
or is being used for racing pace-making reliability trial or speed testing or any purposes in connection with the Motor Trade or for the transport of goods or for
the conveyance of passengers for monetary or equivalent consideration or is being driven by the Insured (or by any other person with the general knowledge and
consent of the Insured) whilst unlicensed or not qualified at the time to hold a driving licence or whilst under the influence of intoxicating liquor or drugs.
(g) Any accident loss damage or liability directly or indirectly proximately or remotely occasioned by contributed or traceable to or arising out of or in connection
with Flood Typhoon Hurricane Windstorm Volcanic Eruption Earthquake or other convulsion of nature Invasion the act of Foreign Enemies Hostilities or Warlike
Operations (whether before or after Declaration of War) Strike Riot Civil Commotion Rebellion Military or Usurped Power or by any direct or indirect consequences
of any of the said occurrences and in the event of any claim hereunder the Insured shall prove that the accident loss damage and/or liability arose independently
of and was in no way connected with or occasioned by or contributed or traceable to any of the said occurrences or any consequence thereof and in default of such
proof the Company shall not be liable to make any payment in respect of such a claim.
Provided also that the due observance and fulfilment of the Terms Provisions Conditions and Endorsements of this Policy by the Insured insofar as they relate
to anything to be done or complied with by the Insured and the truth of the statements and answers in the said Proposal shall be conditions precedent to any liability
of the Company to make any payment under this Policy. No waiver of any of the Terms Provisions Conditions and Endorsements of this Policy shall be valid unless
made in writing signed by an official or duly-appointed Agent(s) of the Company.
THE CONDITIONS ABOVE REFERRED TO ARE:-
1. Notice shall be given in writing to the Company immediately upon the occurrence of any accident or loss or damage or in the event of any claim. Every letter claim writ summons and/or process shall be forwarded to the Company immediately on receipt by the Insured. Notice shall also be given in writing to the Company immediately the Insured shall have knowledge of any impending prosecution in respect of any occurrence which may give rise to a claim under this Policy. In case of theft or other criminal act which may be the subject of a claim under this Policy the Insured shall give immediate notice to the Police and co-operate with the Company in securing the conviction of the offender.
2. No admission offer promise or payment shall be made by the Insured without the written consent of the Company which shall be entitled if it so desires to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute in his name for its own benefit any claim for indemnity or damages or otherwise against any third party and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the Insured shall give all such information and assistance as the Company may require.
3. In the event of loss of or damage to any Motor Car described in the Schedule hereto the Company may at its own option repair reinstate or replace such Motor Car or part thereof and/or its accessories and spare parts or pay in cash the amount of the loss or damage and the liability of the Company shall not exceed the actual value of the parts damaged or lost plus the reasonable cost of fitting and in no case exceed the Insured's estimate of the value of such Motor Car (including Accessories thereon) as specified in the Schedule hereto or the value of such Motor Car (including Accessories thereon) at the time of the loss or damage whichever is the less.
4. The Insured shall take all reasonable steps to safeguard from loss or damage and to maintain in efficient condition any Motor Car described in the Schedule hereto and the Company shall have at all times free and full access to examine such Motor Car or any part thereof or any driver or employee of the Insured. In the event of an accident or breakdown such Motor Car shall not be left unattended without proper precautions being taken to prevent further damage or loss and if such Motor Car be driven before the necessary repairs are effected any extension of the damage or further accident arising shall be entirely at the Insured's own risk.
5. The Company may cancel this Policy by sending seven days' notice by registered letter to the Insured at his last known address and in such event will return to the Insured the premium less the pro rata portion thereof for the period the Policy has been in force or the Policy may be cancelled at any time by the Insured on seven days' notice (provided no claim has arisen during the then current period of insurance) and the Insured shall be entitled to a return of the premium less premium at the Company's Short Period rates for the time the Policy has been in force.
6. If at the time any claim arises under this Policy there is any other existing Insurance covering the same loss damage or liability the Company shall not be liable to pay or to contribute more than its rateable proportion of any loss damage compensation costs or expense. Provided always that nothing in this condition shall impose on the Company any liability from which but for this condition it would have been relieved under the provisions of Proviso (1) of Clause 8 of this Policy.
7. All differences arising out of this Policy shall 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 by each of the parties in writing or in the case of disagreement of an Umpire appointed by the Arbitrators in writing before entering upon the Reference. The costs of the Reference and of the Award shall be in the discretion of the Arbitrator Arbitrators or Umpire making the Award whose award shall be a condition precedent to any liability of the Company or any right of action against the Company in respect of any claim If the Company shall disclaim liability to the Insured for any claim hereunder and such claim shall not within twelve calender months from the date of such disclaimer have been referred to arbitration under the provisions herein contained then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.
THE SCHEDULE.
COMPREHENSIVE
Ref. No.: A/622
Policy No.: 11043
Premium: ID. 21/175
Period of Insurance—From noon on the: 15th. day of April, 1947
to noon on the: 15th. day of April, 1948
The Insured: Rabbi Sassoon Kadoorie .
Address: Baghdad.
Occupation or Profession: President, Jewish Community, Baghdad.
Geographical Area referred to in Proviso (a): KINGDOM OF IRAQ ONLY.
Registered Letters and Nos. | Make of Car. | Horse Power. | Type of Body | Year of Manufacture | Seating Capacity including Driver | Insured's estimate of Value including accessories thereon.
BD 330 Engine No. 92229 | Cheverlet | 30 | Saloon | 1946 | 5 | ID. 750/-
Limit of amount of the Company's liability under Clause 4 of the Policy ⟦line⟧ UNLIMITED.
Limit of amount of the Company's liability under Clause 5 of the Policy ⟦line⟧ ID. 10,000/-
Maximum amount for which the Insured is permitted to authorise repairs under Clause 9(a) ⟦line⟧ ID. 10/-
Limit of amount of the Company's liability for Medical Expenses under Clause 11 ⟦line⟧ ID. 20/-
In Witness whereof, we being the authorised Agents of the said Company, have hereunto set our hands this 7th. day of April, in the year One Thousand Nine Hundred and FORTY SEVEN.
The Union Fire, Accident & General Insurance Co. Ltd.,
I. & C. ADES, LIMITED,
DIRECTOR,
General Agents.
⟦illegible signature⟧
Examined. ⟦illegible signature⟧