JERUSALEM INSURANCE CO. LTD.

 

Head Office:  Shmeisani  –  Tel:   5693161  -  P.O.Box:  20094

Cable Address:  Jerinsurance  -  Amman / Jordan

 

FIRE POLICY NO. 

This Policy of Insurance witnesseth that in consideration of the Insured described in the Schedule here to have paid or promised to pay to JERUSALEM INSURANCE COMPANY LTD. (hereinafter called “the Company”) for the Insurance hereinafter expressed the sum specified as the first premium in the Schedule THE COMPANY hereby agree with the Insured subject to the conditions herein and to any future conditions which may be annexed hereto or endorsed or otherwise expressed hereon all of which are to be taken as part of this policy that if any of the property described in the Schedule or in any addition to the Schedule shall be destroyed or damaged by fire or lightning whether accompanied by fire or not at any time after payment of the premium and during the period of insurance stated in the Schedule or each subsequent period (if any) in respect of which the Insured shall have paid to the Company and they shall have accepted the sum specified in the Schedule as the renewal premium the Company will make good by payment or at their option by reinstatement or repair all such loss or damage to an amount not exceeding in respect of each item the sum expressed in the Schedule to be insured thereon and not exceeding in the whole the sum specified in the Schedule as the total sum insured.

 

CONDITIONS

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 misrepresentations as to any fact material to be known for estimating the risk, or any omission to state such fact, the insurers 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 is respect of any premium shall be deemed to be payment to the insurers unless a printed form of receipt for the same signed by an official or duly appointed agent of the insurers shall have been given to the insured.

 

3.       The insured shall give notice to the insurers of any insurance or insurances already affected, or which may subsequently be affected, 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 insurers 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 of 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.

…/3

 

-3-

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 insured.

5.                 (i )     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 and heating or drying process.

(c)              Loss or damage occasioned by or through or in consequence of

(1)              The burning or property by order of any public authority.

(2)              Subterranean fire.

(d)              Loss or damage directly or indirectly caused by or arising from or in consequence of or contributed to by nuclear weapons material.

(ii)              This insurance does not cover loss or damage directly or indirectly caused by or arising from or in consequence of or contributed to by ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.  For the purposes of this condition 5 (ii) only combustion shall include any self-sustaining process of nuclear fission.

6.                 This insurance does not cover any loss or damage occasioned by or through or in consequence, directly or indirectly of any of the following occurrences, namely:-

(a)              Earthquake, volcanic eruption or other convulsion of nature.

(b)              Typhoon, hurricane, tornado, cyclone or other atmospheric disturbance.

(c)              War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war.

(d)              Mutiny, riot, military or popular rising, insurrection, rebellion, revolution, military or usurped power, martial law or state of siege or any of the events or causes which determine the proclamation or maintenance of material law or state of siege

…/4

-4-

 

Any loss or damage happening during the existence of abnormal conditions (whether physical or otherwise) which are occasioned by or through or in consequence, directly or indirectly, of 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 insured 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 insurers allege 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 insured.

 

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 JD. 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, computer systems records.

(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, or forests, bush, prairie, pampas, or jungle, and the clearing of lands by fire.

…/5

-5-

8.                 Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the insured, before the occurrence of any loss or damage, obtains the sanction of the insurers signified by endorsement upon the policy, by or on behalf of the insurers.

 

(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 by 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 the 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 insured 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 insured, in which case the insurers 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 insurers, on notice to that effect being given to the insured, in which case the insurers 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 insured shall forthwith give notice thereof to the insurers, and shall within 15 days after the loss or damage, or such further time as the insurers may in writing allow in that behalf, deliver to the insurers.

 

(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,

…/6 

-6-

and of the amount of the loss or damage thereto respectively, having regard to their value as the time of the loss or damage, not including profit of any kind.

(b)             Particulars of all other insurances, if any.

The insured shall also at all times at his own expense produce, procure and give to the insurers all such further particulars, plans, specifications. Books, voucher, invoices, dupicates, 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 insurers as may be reasonably required by or on behalf of the insurers 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 insurers 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 them any property of the insured 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 account of whom it may concern.

The powers conferred by this condition shall be exercisable by the insurers at any time until notice in writing is given by the insured that he makes no claim under the policy or, if any claim is made, until such claim is finally determined or withdrawn, and the insurers shall not by any act done in the exercise or purported exercise of their powers hereunder, incur any liability to the insured or diminish their right to rely upon any of the conditions of this policy in answer to any claim. 

…/7

-7-

If the insured or any person on his behalf shall not comply with the requirements of the insurers or shall hinder or obstruct the insurers in the exercise of their powers hereunder, all benefit under this policy shall be forfeited.  The insured shall not in any case entitled to abandon any property to the insurers whether taken possession of by the insurers 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 insured or any one acting on his behalf to obtain any benefit under this policy; or, if the loss or damage be occasioned by the willful act or with the connivance of the insured; 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 insurers may at their option reinstate or replace the property damage or destroyed, or any part thereof, instead of paying the amount of the loss or damage, or may join with any other company or insurers in so doing, but the insurers 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 insurers 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 insured by the insurers thereon.

 

If the insurers so elect to reinstate or replace any property the insured shall, at his own expense, furnish the insurers with such plans, specifications, measurements, quantities, and such other particulars as the insurers may require, and no acts done, or caused to be done by the insurers with a view to reinstatement or replacement shall be deemed an election by the insurers to reinstate or replace.

…/8

-8-

If in any case the insurers 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 insurers 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 insured shall, at the expense of the insurers, do, and concur in doing, and permit to be done, all such acts and things as may be necessary or reasonably required by the insurers for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the insurers shall be or would become entitled or subrogated, upon their 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 insurers.

 

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 insured or by any other person or persons, covering the same property, the insurers shall not be liable to pay or contribute more than their 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  insured 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 different 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

 …/9 

-9-

other party.  In case either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notes 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 insurers 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 insurers required by these conditions must be written or printed.

 

21.             The policy shall be governed by the laws of the Hashemite Kingdom of Jordan and the courts of the Hashemite Kingdom in Jordan alone shall have jurisdiction in any dispute arising hereunder.