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GENERAL AGREEMENTS. 1. The assured, upon the occurrence of a loss, shall give immediate notice thereof to an agent of the company, or by telegraph (at the company's expense) to the company at its home office in New York City, and shall also give immediate notice thereof to the public police authorities having jurisdiction.
2. In the event of a claim for loss or damage arising under this policy the same shall be made fortbwith in writing, duly subscribed by the assured, aná shall set forth a particular account of the manner in which the loss was occasioned, the date of its occurrence, a statement in detail of the damage done to the property insured, a statement clearly defining the assured's interest in the articles or property for which loss or damage is claimed, a statement in detail of other concurrent or similar insurance (if any) on the property insured and of the purposes for which and the persons by whom the premises described herein were occupied at the time of the loss. The company, upon application therefor, will provide the assured with a blank for such statements of loss.
3. The company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by furnishing the said blank, or by any act taken in connection with the investigation of any claim.
4. The assured shall facilitate the adjustment of any claim made by producing whenever requested any and all books, papers and vouchers bearing in any way upon the claim made, and by submitting himself and associates in interest and his household and employes to examination and interrogation by the company's representatives, under oath if required.
s. The company shall not be liable for loss from or contributed to by :-(a) Explosives except only when used by burglars; (6) Fire or water; (c) Invasion, insurrection, riot or war;'(d) The act of any cívil, military or usurped power; (e) The action of the elements.
6. This policy shall be void if the conditions or circumstances of the risk are materially changed without the written consent of the company, or if the assured attempts in any way to defraud the company, or if the policy is assigned without the written consent of the company.
7. All sums which from time to time may be paid or expended by way of indemnity to the assured under this policy shall be accounted in diminution of the insurance.
8. If the assured carry a policy of another insurer, whether valid or not, against a claim covered by this policy, he shall not be entitled to recover from the company a larger proportion of the amount of the loss than the sum hereby insured bears to the whole amount of the insurance. Such similar insurance will render this policy void unless the written consent of the company has first been obtained.
9. In case of loss under this policy the company shall be subrogated to all claims or rights of the assured in respect of such loss against any third party or parties to the extent of the company's loss, and the assured shall execute any and all papers required to secure to the company such claims or rights.
10. The company, if it so elects, shall have the entire charge of the prosecution of the offenders. The assured shall give to the company all reasonable assistance in legal proceedings.
II. No suit shall be brought under this policy until three months after the particulars of the loss as required herein have been furnished, nor at all unless commenced within twelve months after date of the loss.
12. A duly accredited representative of the company shall have the right at all reasonable times to inspect the said premises, and may at any time, by formal notice served upon the assured or mailed to the assured at the address of the said premises, suspend this policy until, as required in said notice, the said premises shall bave been made reasonably secure. Upon suspension of the policy, as herein provided for, the company shall not be liable for any loss which may occur until a formal notice of the company's satisfaction, with the condition of the said premises, shall have been given to the assured. The assured will in such case be entitled to receive a return premium corresponding to the period during which the policy shall have been suspended, computed pro rata.
13. This policy may be canceled by the company at any time by written notice served upon the assured or mailed to the assured at the address of the said premises. In either case the assured will be entitled to receive the unearned premium computed pro rata. "The assured may require the cancellation of the policy on the same terms at any time after he shall have ceased to be the owner of the property insured. The check of the company or its agent for the unearned premium mailed to the address of the assured herein given shall be a sufficient tender of payment..
14. No agent has authority to change this policy or to waive any of its provisions, nor shall any notice to the agent or knowledge of his or any other person be held to effect a waiver or change in this contract or in any part of it. Whenever the written consent of the company is required by the terms of this policy, an endorsement expressing same must be added hereto signed by an executive officer of the company, and no change whatever in this policy or waiver of any of its provisions shall be valid unless an endorsement is added hereto, executed in the same manner.
SCHEDULE. 1. Name of assured 2. Location of building (street and number) (city or town) (state) 3. The building is (a) A private residence in which the assured and his family alone reside yes or no): %) A non-housekeeping apartment house (yes or no), and the assured occupies apartment
located on the floor; (c) A housekeeping apartment or flat house (yes or no), and the assured occupies apartment or flat located on the floor. 4. There is a regular hall-boy attendance in the above-described apartment or flat house (yes or no). 5. The occupation of the assured is : 6. The business address of the assured is:
7. The assured has never suffered loss by burglary, theft or larceny excepting as follows: 8. The assured has no burglary, theft or larceny insurance and has applied for none other excepting as follows: 9. The insurances granted by this policy are as follows: Item A.-On sterling silverware, precious stones, watches and
jewelry (limited as to any one precious stone or watch
and personal effects common in residences generally...... In an.ount of $..
jewelry in the specific sum set opposite the article
(3) (4) (5) (6) (7)
In amount of $.
In amount of $.
MERCANTILE BURGLARY POLICY. For direct loss by burglary of any of the property described in the schedule hereinafter given and stated to be insured hereunder, occasioned by its felonious abstraction from the store, warehouse, office, loft, or rooms actually occupied by the assured and described in said schedule and hereinafter called the premises, by any person or persons except the assured or any of his employees or other person lawfully in said premises, who has made forcible and violent entrance upon the premises, or exit therefrom, of which force and violence there shall be visible evidence ; and for direct loss by damage to said merchandise, furniture, fixtures or premises caused by such burglarious entry or exit, or attempt thereat.
SPECIAL AGREEMENTS. A. The company shall not be liable (1) for loss or damage if the assured, any associate in interest, servant or employee of the assured, or other person lawfully in the premises is concerned in the burglary or attempted burglary, either as principal or accessory; (2) for loss or damage to property in excess of the sum applicable thereto as set forth in the schedule ; (3) for damage to premises, or to property unless it belong to the assured; (4) if the accounts of the assured are not so kept that the actual loss may be accurately determined therefrom ; (5) if the premises are occupied for any purpose other than that stated in the schedule ; (6) for loss by damage to plate glass ; (7) for loss of money unless it belong solely to the assured ; (8) for loss of money unless it is specifically insured ; (9) for loss of stamps or merchandise unless they belong to the assured, or are held by him in trust, on commission, or sold but not removed; (10) for loss of watches, jewelry, precious stones, gold, or articles made of gold outside of safe when the premises are not regularly open for business, for an amount exceeding twenty-five dollars upon any one article ; (11) or loss of silk, hand laces or furs in excess of twenty per cent, of the amount of insurance applicable to item 4 of section 12 of the schedule ; (12) for loss or damage to show windows and contents thereof to an amount exceeding two hundred dollars unless they are specifically insured under item d of section 12 of the schedule ; (13) for loss or damage to show cases or contents thereof outside the premises unless they are specifically insured under item e of section 12 of the schedule.
B. In case the property insured hereunder be or become incumbered by a chattel mortgage or bill of sale the insurance under this policy shall thereupon cease and determine, but the assured shall be entitled upon demand to receive the unearned premium computed pro rata.
C. The company's liability under this policy is limited to the sums attaching specifically to the several items respectively of section 12 of the schedule. The total liability hereunder is limited to the sum of dollars ($ .)
SCHEDULE. 1. Name of assured, 2. Location of building, (street and number, city or town, State.) 3. The premises occupied by the assured are (state exactly what portion of tbe building is occupied by assured.)
14. The minimum value of stock contained in the premises occupied by the assured is $ 5. Occupation of the assured is
6. Description of stock including furniture and fixtures to be insured is
7. Burglar alarm (is or is not) used (describe fully, designating to what attached, where outside connections are located, and where alarm will be sounded.) 8. A (private or block) watchman is employed by the assured, and is on duty throughout the night' (within or without), the building. 9. The city or town has a population of
inhabitants, and there (is or is not) a regular police service of approximately The assured has never suffered loss by burglary either at the premises above described or elsewhere nor received indemnity therefore except as herein
stated (if any, state amount of loss, amount of indemnity, name of company, and date.) ir. The assured has no burglary insurance, and has applied for none other than as herein stated amount and name of company). 12. The insurance under this policy upon general stock shall attach to and apply specifically as follows: $ (a) On general stock described under section 6 above, but not more than twenty per centum (20%) of the amount ot insurance hereunder shall attach and apply to silk, hand laces or furs, premium $
$ (6) On general stock described under section above, premium $
$ (c) On general stock described under section 6 above and usual to jeweler's stores, but not more than twenty-five dollars on any one article containing gold, or precious stones outside of safe when the premises are not regularly open for business, premium $.
(d) On general stock described under section 6 above while contained in show windows, premium $
lel On general stock described under section 6 above while contained in show cases (not) protected by wire netting at night and located outside the premises, premium $ . Total $
ELEVATOR BREAKAGE CONTRACT OF THE CASUALTY COM.
PANY OF AMERICA.
ENDORSEMENT FOR LIABILITY POLICY. Against all immediate loss or damage to property caused by accidental breakage, not contributed to by wear, of the elevator, or any of the elevators, mentioned in the schedule hereinafter given, as follows: (a) For damage to the elevator or elevators and other property of the assured. (b) For damage to the property of any other person or persons for which the assured may be legally liable. (c) The entire liability of the company under this contract shall under no circumstances exceed the total sum of dollars for any and all loss, damage or claim whatsoever, and no claim shall be paid as a result of any one accident in which the actual damage sustained by the assured is less than fifteen dollars.
SPECIAL AGREEMENTS. 1. It is a condition precedent of this contract that Elevator Liability Insurance of this company must be concurrent herewith, and that this contract shall be subject to the special and general agreements of the policy providing such insurance.
2. By the term breakage of the elevator," as used in this contract, is to be understood a sudden and substantial break, not contributed to by wear, of the elevator or elevators, and, or, its or their machinery, provided, however, that no machinery shall be covered hereby if such machinery is used for any other pur. pose than the operation of the elevator or elevators hereby insured.
3. The company shall not be liable for any loss or damage in case the load on the elevator or elevators insured hereunder shall exceed the number of pounds, or in case the pressure in compression tank shall exceed the number of pounds per square inch, approved by the company's inspector and specified in the report furnished the assured of the latest inspection of said elevator or elevators.
4. The company shall not be liable for any loss or damage resulting from any of the following causes, viz., wear, or fire, or freezing, or the collapse of building or any part thereof, or the collapse, rupture or explosion of any boiler, tank or steampipe, or the malicious or wilful act of the assured or of any other person or persons.
5. The company may reinstate property which is damaged or pay the loss in money. It shall have charge of all negotiations and suits on account of claims for damages to the property of other persons. The assured shall not incur any expense as respects property of his own damaged or the property of any other person damaged, without the consent of the company previously given in writing. In case of any suit under this contract the assured shall give the company all assistance possible.
ENDORSEMENTS FOR VARIOUS FORMS OF LIABILITY
FOR FAMILY DRIVING ON TEAM POLICY. In consideration of the premium received for this policy, based on the actual number of horses owned by the assured, this policy is hereby extended to cover the liability of the assured for damages on account of personal injuries occurring while the horses and vehicles are in charge of a member of the family of the assured.
FOR LOADING AND UNLOADING ON TEAM POLICY. In consideration of an additional premium, included in the premium payable for this policy, the insurance under said policy is hereby extended to cover the liability of the assured for damages on account of personal injuries resulting directly from the negligence of the assured in the loading and unloading of goods carried on vehicles covered under said policy.
FOR CONTINGENT LIABILITY ON TEAM POLICY. In consideration of an additional premium of dollars, this policy is hereby extended, subject to all its conditions, agreements and limits, except as herein specifically provided to indemnify any person, firm or corporation for whom the assured does trucking, against loss from liability for damages on account of bodily injuries, fatal or non-fatal, accidentally suffered by any person or persons and caused through the negligence of the assured by means of the horses or vehicles in his service and the use thereof as described in the schedule of this policy, and while in charge of the assured or his employees.
REQUIRING LAUNDRY GUARDS ON MANGLING MACHINES LIABILITY POLICY.
It is hereby understood and agreed that all mangling machines owned or operated by the assured shall be provided with fixed guards or safety feed tables, adjusted at the point of contact of the rolls so as to prevent the fingers or hands of employees from being drawn into the rolls, and that such guards shall be maintained during the term of this policy. Any failure on the part of the assured to provide and maintain such guards shall relieve this company from liability on account of personal injuries due to such neglect, and this policy is accepted by the assured accordingly. COVERING MEDICAL ATTENDANCE UNDER WORKMAN'S COLLECTIVE POLICY.
In consideration of an additional premium, being at the rate of dollars for every one hundred dollars ($100) of wages paid to employees, this policy, with all its benefits, agreements and conditions, is hereby extended so that the company will, at its own cost, furnish to any injured employee, through its own surgeon, such medical attendance as may be considered by the surgeon necessary to the treatment of injuries covered by this policy.
EXCLUDING ELEVATOR HAZARD UNDER GENERAL LIABILITY POLICY. It is hereby understood and agreed that this policy does not cover liability for injuries to any person or persons sustained in, or caused by or in connection with the use of, the elevator described in the schedule bereinafter given, anything in this policy to the contrary notwithstanding.
FOR LANDLORD'S CONTINGENT LIABILITY POLICY. In consideration of the reduced rate at which this policy is issued, it is understood and agreed that the assured has no employees on or about the premises covered hereunder, and that the entire charge of the premises, including elevator and boilers, if any, rests solely with the lessees or tenants of said premises.
FOR THREE-YEAR POLICY. It is understood and agreed that this policy shall be renewed for a term of one year beginning the day of 190 , and continuing until the day of
190, upon the payment of dollars ), additional premium. It shall again be renewed for the term of one year, beginning the day of 190 , and continuing until the day of
upon the payment of dollars ($ additional premium. Subject to all the terms, limits and conditions of said policy.
FOR CONCURRENT LIABILITY POLICY. In consideration of the rate at which this policy is issued, it is hereby understood and agreed that insurance concurrent herewith in the company shall be maintained during the term of this policy, at the same rate and for the same limits as stated in this policy; and on the termination or cancellation of such concurrent insurance, from whatever cause, this policy shall be null and void, and the portion of the premium unearned shall be returned to the assured upon demand in accordance with the policy conditions.
Nothing contained herein shall be construed to limit the right of this company to cancel this policy as provided therein.
FOR MARINE LIABILITY POLICY COVERING COLLISION. In consideration of an additional premium, being at the rate of dollars for every one hundred dollars ($100) of wages paid to employees, this policy, with all its benefits, agreements and conditions, is hereby extended to cover the liability of the assured for damages on account of injuries resulting directly from collisions.
DIGEST OF LIABILITY DECISIONS.
The following recent decisions relating to Liability Insurance have been collated from the courts of last resort of various States in different parts of the country and give the latest expression of the courts on many important phases of the law of negligence :
SKELTON V. PACIFIC LUMBER COMPANY.
SUPREME COURT, CALIFORNIA, OCTOBER, 1903.
Master and servant-Vice-principal-Fellow-servant. It is the character of the act performed and not the grade of the servant upon which depends whether the
act which was the cause of he injury was that of a vice principal or of a fellow-servant (1).
Per curium. This is a suit by the widow and minor children of one Skelton to recover damages for his death, which, it is claimed, resulied from the negligence of the defendant. The case was tried by a jury, and resulted in a verdict and judgment for the plaintiffs in the sum of $18,000. The appeal is from the judgment and from an order denying the defendant's motion for a new trial.
A servant, of course, takes upon himself all ordinary risks and perils of accident in the common course of the service in which he is engaged, including accidents occasioned by the negligence of fellow-servants, but in this particular instance the accident was not occasioned through the neg igence of a fellow-se vant. It was not as though the engineer had heedlessly permitted an excessive rate of speed. The engineer himself was acting under orders, and those orders given to him by the superintendent were in law the orders of the defendant, because, in the employment in wh ch the accident happened, Douglas, the superintendent, was performing the duty, not of the fellow-servant, but of the principal. In the performance of ail the duties which the law imposes upon the principal, the agent to wbom their performance is delegated, by whatsoever name he may be called, in so far represents and stands in place of the principal, and the duty itse f mus: be performed with due care or for a failure to exercise it the principal is responsible. Nor does the principal's responsibility end with the showing that he exercised due care in the selection of the agent to whom he has delegated the duty. It must further be proved that the agent himself with due care performed his duty.
It must be taken as absolutely settled in this State that it is not the grade of service which fixes the master's resronsibility in case of accident. It is the character of the act. That is to say, if it be an act the duty of the performance of which belongs in law to the master, if the performance be delegated to the least of his servants, or to the greatest, in either case, and in any case, the master is responsible, unless the act be performed with due care. The duties which a master owes to his servants, and which duties he must perform, are to furnish suitable machinery and appliances with which the service is to be performed, to keep them in order and repair, to exercise ordinary care in the selection and r« tention of sufficient ard competent servants, and generally to make such provision for the safety of employees as will reasonahly protect them against the dangers incident to their employment; and if the act be one which it was the duty of the employer to perform, and one of the servants negligently performs it, to the injury of another servant in the same common employment, then the oftending servant in the performance of his duty ac s as the representative or agent of his employer, and the employer is responsible. These propositions, as we have stated, must be taken as absolutely settled in this State.
MINITER V. CHICAGO & N. W. R. COMPANY.
SUPREME COURT, Iowa, OCTOBER, 1903. Master and servant-Fellow-servant-Hammer dropping on employee below. Where it appeared that while an employee was steadying the bottom of a pile about to be driven in by the hammer of a pile driver, and other employees on the pile driver above were “pinching." or placing the upper end of the pile berween the uprights under the hammer by using a crowbar, the pile was suddenly lowered, and in its descent the crowbar was wr: nched from the employee and it fell upon the head of the employee below and so injured him that he died; the negligence, if any, in using the tool was that of a fellow-servant, and defendant was not liable.
Platform not erected to protect employees from falling tools.-Where there was no evidence that any platform that could have been erected would have averted the injury, the failure to erect a platform over the employee to protect him from falling tools was not negligence.
Vice-principal-Act of foreman directing use of tiol.-Where it appeared that the crowbar was a proper tool to be used in adjusting the pile, and the only question of negligence was whether it should bave been used while the pile was moving, the direction of its use by the foreman did not constitute negligence for which the defendant was liable, where it did not appear that the use of the crowbar at the improper time had been made by the order of the foreman.
SHINKLE v. MCCULLOUGH.
Highways-Automobile frightening horse and driver of buggy thrown out. Where it appeared that the plaintiff's horse became frightened at defendant's automobile that was alleged to have been running at an excessive speed, and plaintift was thrown out of his wagon and injured, and there was evidence that the automobile when operated made a noise, an instruction that authorized the jury to find for the plaintiff if they believed that the horse became frightened either at the speed or the noise, though fright by reason of the noise was not p'eaded, was not prejudicial.
Évidence of statem-nt of defendant on a previous trial admissible.-Evidence of a statement made by the defendant upon a trial in a justice's court in an action for repairs to the buggy injured in the accident, that he considered himself reaponsible for the accident, was admissible as tending to contradict his testimony that he had not been guilty of any negligence.