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.
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.
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
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.
All insurance under this policy
on any building or part of any building,
on any property contained in any building,
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
of such building or of any part thereof,
of the whole or any part of any range of
buildings or of any structure of which such building forms
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
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
(i ) This insurance does not cover
Loss by theft during or after the occurrence of a fire.
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.
Loss or damage occasioned by or through or in consequence of
The burning or property by order of any public authority.
Loss or damage directly or indirectly caused by or arising
from or in consequence of or contributed to by nuclear
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.
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:-
Earthquake, volcanic eruption or other convulsion of nature.
Typhoon, hurricane, tornado, cyclone or other atmospheric
War, invasion, act of foreign enemy, hostilities or warlike
operations (whether war be declared or not), civil war.
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
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.
Unless otherwise expressly stated in the
policy this insurance does not cover
Goods held in trust or on commission.
Bullion or unset precious stones.
Any curiosity or work of art for an amount
exceeding JD. 20.-
Manuscripts, plans, drawings, or designs,
patterns, models or moulds.
Securities, obligations, or documents of any
kind, stamps, coined or paper money, cheques, books of
account, or other business books, computer systems records.
Coal, against loss or damage occasioned by
its own spontaneous combustion.
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.
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.
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
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.
If the building insured or containing the insured property
become unoccupied and so remain for a period of more than 30
If the property insured be removed to any building or place
other than that in which it is herein stated to be insured.
If the interest in the property insured pass from the
insured otherwise than by will or operation of law.
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.
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
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 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
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
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.
On the happening of any loss or damage to any
of the property insured by this policy, the insurers may
Enter and take and keep possession of the
building or premises where the loss or damage has happened.
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.
Keep possession of any such property and
examine, sort, arrange, remove, or otherwise deal with the
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
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.
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.
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.
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.
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
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
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.
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
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
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.
Every notice and other communication to the
insurers required by these conditions must be written or
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.