[Insurance certificate, November 17, 1868] Page: 2 of 2
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1. If any person effecting Insurance in this Company, shall make any misrepresentation or concealment touching
the risk to be assumed or it', during the existence of this policy, or auy renewal thereof', the risk shall be increased
by aney means within ties control of the assured, or by the occupation of the premises for more h.a-ar toes purposes
thn are permitted by this policy; or if the assured, at, or before the taking of any renewal, shall fail to notiy
the Company in ritina7 of any increase of the hazards, whether within or without tihe premises, this policy shall be
void. Every renewal shall be deemnedl to be made upon the faith of the representation on which the original policy
was granted, unless superseded by a new description of the risk.
2. This insurance may be terminated at any time, at the request of the assured, in which case the Company
shall retain only the customary short rates for the time the policy has been in force. The insurance may also be lat
any time terminated at the option of the Comany, on giving notice to that effeet, and refunding a ratable propor-
tion of the premium for the unexpired term of the policy.
8. If the property to be insured be held in trust or on commission, or be a leasehold, or other interest not
absolute, it must be so represented to the Company, and expressed in the policy in writing; otherwise the insurance
as to such property, shall be void, and in case of loss, the names of the respective owners shall be set forth in the
preliminary proofs of such loss, with their respective interests therein.
4. Goods held on storage must be separately and specifically insured.,
5. No insurance, whether original or continued, shall be considered as binding until the actual payment of
the premium as agreed between the parties.
6. If at the happening of any fire the assured shall have insurance under a floating policy or policies, not
specific but covering goods generally, in various places not designated, and yet within limits which include the
premises or property herein insured, such policy, as between the assured and this Company, shall be considered as
covering any excess of sound value of the subject insured, beyond the amount covered y the specific insurances
thereon; and to determine the amountfor which this Company is liable in case of loss, suCh floating policy shall be
considered an insurance on the property to the extent of such excess.
7. In case of fire, or exposure to loss or damage thereby, the insured shall use their best endeavors to save and
protect the property, and the Company shall not be liable for any loss sustained in consequence of neglect to do so ;
and it is mutually ndrstood that there can be no abandonment to the insurers of the subject insured.
8. Persons sustaining loss or damage by fire, shall forthwith give notice thereof in writing to the Company, and
as soon after as possible, theyshall deliver as particular an account of the loss and damage as the nature of the
case will admit, signed ith their own hands. And they shall accompany the same with their oath or affirmation,
declaring the said account to be true and just; showing, also, the ownership of the property insured; what other
insuomrce if any, existed on the same property, and giving a copy of the written portion gf the policy of each
Company; what was the whole cash value of the subject insured ; in what manner the building insured, or con-(5-
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c1training the subject insured, and the several parts thereof were occupied at the time of the loss; who were the
occupants of such building na when anod how the fire originated, so sr i r as they know cr believe. They shall alto
pr ce i certificate under the hand ad seal ofa magistr te, or notary public, most contiguous to the place of the
hre and mt concerned is the loss,statin that he has examined the ci'unnstaoues attending tile fireloss, or datges,
alleged; that he is acquainted witl the character and circumstances of th ellaimant, and that lte verily lives
that such claimant has, by misfortune, and without fraud, or evil practice, sustained loss nd damage to the subject
insured, to the amount which such magistrate or notary shall certify.
When merchandise, or other personal property, is partial daeaord, the insured shall irthwith cause it to ,be
pat in asrgood oerl as the nature f te o case will adeit, asserting and arranging the various Iaricles according to
their kinds separating the damaged front the undamauge ; and shall cause an intventory t be made and ftratished
to the Cotmpany of the wh,le, namig the quantity and cost of each. The amnt of sound value, and damage,
shall then be scertained by tie exafiation and s ad ppraisal of each article, by disilteresl.d appraisers, mutully
agreed upon.
Whenever required, in writing, the insured, or person claiming, shall exhibit hIis books of account and other
vouchers to the insures orl their unt at the office of this Company, and permit copies thereof to be madle, and shall
also exhibit to any persons nllud by the Company, and slhatll perit to be ex mined by tle, any prulapety dam-
aged on whih any loss is claimed, or any property saved which was insured by this policy, and shall, w en
requested, submit to an examination under oath by tie Agent or Attorney ot tie Compastny, bine ll: ragirite, and
subscribe the same when reduced to writing, touching all matters relati g to his loss or the origein of the fire, tand
until such proofs, declarations, and certificates are produced, and such appraisals and examination of property and
accounts are permitted by the claimant, the loss shall not be payable.
In case of laien for loss or daige on a policy assigned, where there is no actual sale r transfer of the property
insured, proofs of loss shall be nade by the assured its conbrity with the conditions of this policy, in like manor
as if no assignme t had been made ; otherwise this policy shall be void.
The cash value of property destroyed or damaged by fire shall in no case exceed what it would cost at the
time of the fire to replace the same.
9. In case of any loss or damage to the property insured, it shall be optional with the Comsany to replace tihe
articles lost or damaged, with others of thle same kind tand quality, or to take tile goods at their appraised value, or
to rebuild or repair tihe building or buildings within a reasonable time, giving notice of their intention to do so within
thirty days after having received the preliminary proofs of loss retluiwd by these conditions.
10. In case differences shall arise concerning the amount of any loss or damage, the matter,at the written
request of either party, slall be subttitted to tihe jludgment of disinterested arbitratorsa , amaually chosen, whose
award shall be binlding on the parties as to such amount ; but such award shall not decide the liability of this
Company under this policy.
11. All fraud or attempt at fraud by false swearing or otlherwise,shall cause a forfeiture of all claim on this
Company under this policy.I2z T~ ill b fire ItfSturane 6Omftan r hereby consent that the interest of
in the within Policy, subject to all the terms and conditions therein mentioned and referred to, be assigned toNEw YORl,,
18
AGENT.
For Value Received, hereby transfer, assign, and set over unto --assigns, all' title and interest in this Policy, and all advantage to be derived therefrom.
hand and seal this
day of-
and
S lAI.ED AND I)ELIVERED IN PRESENCE OF
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Lorillard Fire Insurance Company. [Insurance certificate, November 17, 1868], legal document, November 17, 1868; (https://texashistory.unt.edu/ark:/67531/metapth186706/m1/2/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.