2
1
Concealment, This entire policy shall be void if, whether
.2
fraud before or after a loss, the insured has wil-
3
fully concealed or misrepresented any ma-
4
terial fact or circumstance concerning this insurance or the
5
subject thereof, or the interest of the insured therein or in case
6
of any fraud or false swearing by the insured relating thereto.
7
Uninsurable This policy shall not cover accounts, bills,
8
and currency, deeds, evidences of debt, money or
9
excepted property. securities; nor, unless specifically named
1
U
hereon ~n wrlting, bulhon or
manuscripts.
11
Perils not This Company shall not be liable for loss by
12
included. fire or other perils insured against in this
13
policy caused, directly or indirectly by: (a)
14
enemy attack by armed forces. including action taken by mili-
15
tary, naval or air forces in resisting an actual or an immediately
16
impending enemy attack; (b) invasion; (c) insurrection; (d)
17
rebellion; (e) revolution; (f) civil war; (g) usurped power; (h)
18
order of any civil authority except acts of destruction at the time
19
of and for the purpose of preventing the spread of fire, provided
20
that such fire did not originate from any of the perils excluded
21
by this policy; (i) neglect of the insured to use all reasonable
22
means to save and preserve the property at and after a loss, or
23
when the property is endangered by fire in neighboring prem-
24
ises;
(j)
nor shall this Company be liable for loss by theft.
25
Other Insurance. Other insurance may be prohibited orthe
26
%amount of insurance may be limited by en-
27
dorsement attached hereto.
28
Conditions suspending or restricting insurance. Unless other-
29
wise provided in writing added hereto this Company shall not
30
be liable for
loss
occurring
31
(a) while the hazard is increased by any means within thecon-
32
trol or knowledge of the insured; or
33
(b) while a described building, whether intended for occuparlcy
34
by owner or tenant, is vacant or unoccupied beyond a period of
35
sixty consecutive days; or
36
(c) as a result of explosion or riot, unless fire ensue, and in
37
that event for loss by fire only.
38
Other perils
Any other peril to be insured against or sub-
39
or subjects.
ject of insurance to be covered in this policy
40
shall be by endorsement in writing hereon or
41
added hereto.
42
Added provisions. Thc cxtcnt of thc application of insurance
43
under this policy and of the contribution to
44
be made by this Company in case of loss, and anyotherpro-
45
vision or agreement not inconsistent with the provisions of this
46
policy, may be provided for in writing added hereto, but no pro-
47
vision may be waived except such as by the terms ot th~s policy
48
is subject to change.
49
Waiver No permission affecting this insurance shall
50
provisions. exist, or waiver of any provision be valid,
5 1
unless granted herein or expressed in writing
52
added hereto. No provision, stipulation or forfeiture shall be
53
held to be waived by any requirement or proceeding on the part
54
of this Company relating to appraisal or to any examination
55
provided for herein.
56
Cancellation This policy shall be cancelled at any time
57
of policy.
at the request of the insured, in which case
58
this Company shall, upon demand and sur-
59
render of this policy, refund the excess of paid premium above
60
the customary short rates for the expired time. This pol-
61
icy may be cancelled at any time by this Company by giving
62
to the insured a five days' written notice of cancellation with
63
or without tender of the excess of paid premium above the pro
64
rata premium for the expired time, which excess, if not ten-
65
dered, shall be refunded on demand. Notice of cancellation shall
66
state that said excess premium (if not tendered) will be re-
67
funded on demand.
68
Mortgagee If loss hereunder is made payable, in whole
69
interests and or in part, to a designated mortgagee not
TO
obligations. named herein as the Insured, such ir~lerest
iri
71
this policy may becancelled by giving tosuch
72
mortgagee a ten days' written notice of can-
73
cellation.
74
If the insured fails to render proof of loss such mortgagee, upon
75
notice, shall render proof of loss in the form herein specified
76
written sixty
(60)
days thereafter and shall be subject to the pro-
77
visions hereof relating to appraisal and time of payment and of
78
bringing suit. If this Company shall claim that no liability ex-
79
isted as to the mortgagor or owner, it shall, to the extent of pay-
80
ment of loss to the mortgagee,
be subrogated to all the mort-
81
gagee's rights of recovery, but without impairing mortgagee's
82
right to sue; or it may pay off the mortgage debt and require
83
an assianment thereof and of the mortaaae. Other~rovisions
84
relating to the interests and obligations of such mortgagee may
85
be added hereto by agreement in writing.
86
Pro rata liability. This Company shall not
be
liable for a greater
87
proportion of any loss than the amount
88
hereby insured shall bear to the whole insurance covering the
89
property against the peril involved, whether collectible or not.
90
Requirements in The insured shall give immediate written
91
case loss occurs. notice to this Company of any loss, protect
92
the property from further damage, forthwith
93
separate the damaged and undamaged personal property put
94
it in the best possible order, furnish a complete inventory of
95
the destroyed, damaged and undamaged property, showing in
96
detail quantities,
costs, actual cash value and amount of loss
97
claimed;
and within sixty days after the loss, unless such time
98
is extended in writing by this Company, the insured shall render
99 to this Company a proof of loss, signed and sworn to by the
100
insured, stating the knowledge and belief of the insured as to
101
the following: the time and origin of the loss,
the interest of the
102
insured and of all others in the property, the actual cash value of
103
each item thereof and the amountof loss thereto, all encum-
104
brances thereon, all other contracts of insurance, whether valid
105
or not, covering any of said property,
any changes in the title,
106
use, occupation, location, possession or exposures of said prop-
107
erty since the issuing ot this policy, by whom and tor what
108
purpose any building herein described and the several parts
109
thereof were occupied at the time of loss and whether or not it
110
then stood on leased ground, and shall furnish a copy of all the
11 1
descriptions and schedules in all policies and,
if required, verified
112
plans and specifications of any building, fixtures or machinery
113
destroyed or damaged. The insured, as often as may be reason-
114
ably required, shall exhibit to any person designated by this
115
Company all that remains of any property herein described, and
116
submil lo axariiir~alioiis ucide~ uath by any
person
named by this
117
Company, and subscribe the same; and, as often as may be
11 8
reasonably required, shall produce for examination all books of
119
account, bills, invoices and other vouchers, or certified copies
120
thereof if originals be lost, at such reasonable time and place as
121
may be designated by this Company or its representative, and
122
shall permit extracts and copies thereof to be made.
123
Appraisal. In case the insured and this Company shall
124
fail to agree as to the actual cash value or
125
the amount of loss, then, on the written demand of either, each
126
shall select a competent and disinterested appraiser and notify
127
the other of the appraiser selected within twenty days of such
128
demand. The appraisers shall first select a competent and dis-
129
interested umpire; and failing for fifteen days to agree upon
luu
such umptre, then, on request of the insured or thls Company,
131
such umpire shall be selected by a judge of a court of record in
132
the state in which the property covered is located. The ap-
133
praisers shall then appraise the loss, stating separately actual
134
cash value and loss to each item; and, failing to agree, shall
135
submit their differences, only, to the umpire. An award in writ-
136
ing,
so itemized, of any two when filed with this Company shall
137
determine the amount of actual cash value and loss. Each
138
appraiser shall be paid by the party selecting him and the ex-
139
penses of appraisal and umpire shall be paid by the parties
140
equally.
141
Company's It shall be optional with this Company to
142
options. take all, or any part, of the property at the
143
agreed or appraised value, and also to re-
144
pair, rebuild or replace the property destroyed or damaged with
145
other of like kind and quality within a reasonable time, on giv-
146
ing notice of its intention so to do within thirty days after the
147
receipt of the proof of loss herein required.
148
Ahandnnrnent There can he no ahandonment to this Com-
149
pany of any property.
150
When loss The amount of loss for which this Company
151
payable. may be liable shall be payable sixty days
152
after proof of loss, as herein provided, is
153
received by Lliis Curr~pa~~y arrd axel tain~nent of the loss is made
154
either by agreement between the insured and this Company ex-
155
pressed in writing or by the filing with this Company of an
156
award as herein provided.
157
Suit. No suit or action on this policy for the recov-
158
ery of any claim shall be sustainable in any
159
court of law or equity unless all the requirements of this policy
160
shall have been complied with, and unless commenced within
161
twelve months next after inception of the loss.
162
Subrogation.
This Company may require from the ins~~red
163
an assignment of all right of recovery against
164
any party for loss to the extent that payment therefor is made
165
by this Company.
IN WIT%ESS WHEREOF, llris Corr~party t&kxecutt?d drid dllebled lllese preseills, bul 1111s pulicy shall nut be vahd unless countersigned by
the duly author~zed Agent of thls Company at the agency herembefore ment~oned