Business/Financial - Home Fire Insurance Policy, 2 November 1886 [B-77]

THE HOME
FIRE INSURANCE COMPANY
OF UTAH.

Date, November 2^nd 1886
Expires, [November] 2^nd 1887.

THE HOME
FIRE INSURANCE COMPANY
OF UTAH.

Office, No. 40 East Temple Street,
SALT LAKE CITY.

Wilford Woodruff
Salt Lake City

$500⁰⁰

No. 43

$500.⁰⁰

THE HOME
FIRE INSURANCE COMPANY
OF UTAH,

In Consideration of the receipt of Twelve 50/100 Dollars,
And of the requirements, limitations and conditions hereinafter contained,
DOES INSURE Wilford Woodruff
AGAINST LOSS OR DAMAGE BY FIRE, TO THE AMOUNT OF
Five Hundred DOLLARS,
AS PER SLIP ATTACHED.

$500. On his one, two and two and one-half story, adobe and lath and
plastered, shingle roof building occupied by a tenant as a Hotel;
Situate on the N^S^or^u^th West corner of West Temple and South Temple
Streets, and designated No. 4, Block 77, Sheet 3, Sanborn's Map, Salt
Lake City, Utah Territory.

Permission for $3^4^,500 other insurance concurerent herewith.

This slip is hereby made a part of and attached to policy
No. 43 issued by the HOME Fire Insurance Company of UTAH.

H. J. Grant, Prest.

$500⁰⁰ TIME One Year RATE 2 1/2 PREMIUM, $12⁵⁰

And said Company hereby agrees, (subject to the limitations and conditions herein expressed) to make good unto the said assured his
executors, administrators, and assigns, all such immediate loss or damage, not exceeding in amount the sum or sums hereby insured, as shall
happen by fire to the property above specified, from the Second day of November one thousand eight hundred
and eighty six AT NOON, to the Second day of November one thousand eight hundred and eighty seven,
AT NOON; the amount of loss or damage to be based upon the actual cash value of the property at the time of the loss, as herein provided, and

to be paid sixty days after due notice and proofs of the same shall have been made by the assured and received at the office of the Company
in Salt Lake City, or at one of its Department Offices, in accordance with the terms and provisions of this Policy; provided that it shall be
optional with the Company, in lieu of such payment, to repair, rebuild or replace the property lost or damaged, with other of like kind and
quality within a reasonable time, giving notice of its intention so to do within sixty days after the completion and the receipt of the proofs
herein required.

1 I—Loss or Damage for which the Company is not liable.
2 —Provision relative to damage by removal.—This Company shall not
3 be liable, by virtue of this Policy, for loss or damage by fire caused by inva-
4 sion, insurrection, riot, civil commotion, military or usurped power; or by
5 neglect of, or deviation from, municipal ordinances or regulations made to
6 prevent accidents from fires: or by the absence in buildings of good and sub-
7 stantial stone, brick or adobe chimneys; or by the use of open lights in barns or
8 stables, or where wood shavings are made: or by depositing ashes in buildings
9 in wooden vessels; or by any culpable carelessness, or wilful or unlawful act
10 of the assured. Nor shall the Company be liable for loss caused by lightning,
11 aside from loss by fire resulting therefrom, unless otherwise stipulated in the
12 body of this Policy; or by the explosion of any explosive substance, or by ex-
13 plosions of any kind, unless fire results therefrom, and then for the loss or
14 damage by the fire only, to be estimated with reference to the value of the
15 property immediately after the explosion; or by virtue of the action or order
16 of the civil authorities, designed to arrest the spread of a fire. It shall be the
17 duty of the assured to use all possible endeavors, at and after a fire, to save and
18 protect from damage the property covered by this Policy; and when it be-
19 comes necessary in the discharge of such duty, to remove property from a
20 building, the Company will indemnify the assured for such proportion of the
21 damage resulting from such removal, as the sum hereby insured on said pro-
22 perty shall bear to the whole value thereof, but no more. The Company will
23 not be liable for any part of the damage resulting from the unwarrantable re-
24 moval of property, or from negligence in protecting property when exposed to
25 loss or damage; nor shall there be any liability for property stolen at or after
26 a fire.

1 II—Descriptions of property not covered except when spe-
2 cifically mentioned.—Special or qualified interests.—Things not
3 subjects of Insurance.—Watches, jewels, jewelry, plate, casts, medals,
4 sculpture, statues, ornaments and curiosities; paintings, pictures and engrav-
5 ings, and their frames; models and patterns; printed books and music; musi-
6 cal and scientific instruments (pianofortes and organs in dwellings ex-
7 cepted), shall not be deemed as covered by any insurance hereunder, unless
8 PARTICULARLY SPECIFIED in the body of the Policy; and no such article, in
9 case of loss, shall be valued at more than the cost thereof. Plate glass (in
10 doors and windows) containing nine square feet and more; frescoed work,
11 or gilding on walls or ceilings; store furniture and fixtures; signs, side-walks
12 and awnings; yard fences and fixtures—must, in like manner, be specifically
13 mentioned, or the same will not be covered. If insurance is desired on
14 property held in trust, on storage, or on commission; or on a building stand-
15 ing on leased ground; or on property of any kind in which the interest of the
16 applicant for insurance does not amount to the entire, sole, and absolute
17 ownership—it must, in every such case, be so represented to the Company,
18 and clearly expressed in the body of the Policy, otherwise there will be no
19 liability hereunder as to such property or limited interest. Books of account,
20 bills, notes, deeds, bonds, money or bullion, evidences of debt, or securities of
21 property of any kind, are not subjects of insurance under this Policy, and are
22 never covered.

1 III—Prohibitions.—Circumstances and Conditions under
2 which this Policy will become null and void.—Gunpowder, Fireworks,
3 Nitro-Glycerine, Phosphorus, Naphtha, Rubber and Gutta Percha Cements,
4 Benzole, Benzine, Benzine Varnish, Camphene, Spirit Gas, Gasoline, Phosgene
5 or Burning Fluid, or any similar inflammable fluid, are positively prohibited from
6 being deposited, stored, kept or used in any building on which, or the contents
7 of which, there is any insurance under this Policy, unless by special consent
8 expressed in the body of the Policy, naming each article specifically—other-
9 wise the insurance by this Policy shall be void. The generating or evaporat-
10 ing within the premises named herein, or contiguous thereto, of any substance
11 for a Burning Gas, or the working of carpenters, or other mechanics, in finish-
12 ing, altering or repairing the said premises (ordinary or incidental repairs, not
13 occupying over fifteen days during the term of this insurance, excepted), will
14 vitiate this Policy, unless expressly consented to in the body hereof.

15 If an application, survey, or plan, furnished by the assured, descriptive
16 of the risk and the property covered by this Policy, is referred to herein, the
17 same shall be considered a part of this contract and a warranty by the assured;
18 and if the assured shall, in such application, survey, or plan, or in any state-
19 ment or description, written or oral, make any misrepresentation as to the
20 character, condition, situation, value, or ownership of said property, or as to
21 the occupancy of the premises or the exposures thereto, or any other mis-
22 representation whatever, or fail to make known every fact material to the
23 risk, including the amount of incumbrance on said property, if any, this
24 Policy shall be void. The procuring of insurance on said property for more
25 than its cash value; or the having of other insurance thereon, or any part
26 thereof, valid or invalid, prior or subsequent, not made known to this Com-
27 pany and consented to hereon; or any change increasing the hazard, either
28 within the premises or adjacent thereto, within the control of, or known to
29 the assured, and not reported to this Company and agreed to by entry in due
30 form in the body hereof—will render this Policy null and void. If a building
31 covered by this policy shall become vacant, or unoccupied, or, if a mill or
32 manufactory, shall stand idle, or be run nights or over-time, without notice to,
33 and the consent of, the Company clearly stated hereon, all liability hereunder
34 will thereupon cease; and if a building shall fall, (except as the result of a
35 fire), this Policy, if covering thereon or on property therein, shall thereupon
36 immediately cease and determine. An attempt to defraud the Company, in
37 the matter of a claim for loss, by false swearing, or otherwise, shall cause a
38 forfeiture of this Policy and all claim for loss hereunder.

39 If the assured shall, by voluntary transfer or conveyance, dispose of the
40 property covered by this Policy, or of an undivided interest therein, or a
41 change shall take place in the membership of the firm or co-partnership for
42 whose benefit the insurance hereunder was effected, this Policy may be as-
43 signed to the party or parties succeeding to the ownership of the property, pro-
44 vided the Company shall first consent thereto by endorsement hereon—other-
45 wise this insurance shall cease from the date of such change in ownership.
46 The passing or entry of a decree of foreclosure, or a sale under a deed of trust;
47 or the taking into possession or custody of the property herein described, or
48 any part thereof, by virtue of legal process or judicial decree; or a dispute as
49 to the title to the property, in any proceeding in law or equity; or the acquir-
50 ing, by a third party, of an insurable interest in the property, or any part
51 thereof, by virtue of a mortgage or deed of trust, executed by the assured sub-
52 sequent to the date hereof; or a voluntary assignment of the property for the
53 benefit of creditors, or proceedings under any bankrupt or insolvent law,
54 divesting the assured of the absolute right of controlling and disposing of the
55 property; or any change whatever in title or right of possession, not herein
56 specified, succession by reason of the death of the assured excepted, shall,
57 each and all, cause the immediate termination of this Policy, unless otherwise
58 provided by special agreement clearly expressed in the body of the Policy.

1 IV—Privilege as to Lights, keeping and vending of Coal Oil,
2 Saltpetre and Gunpowder.—The use, as a light, of Refined Coal Oil or Petro-
3 leum, of lawful fire test, is permitted in dwellings, stores and warehouses, lamps
4 being filled by daylight only. When used in workshops and manufactories, per-
5 mission for such use must be agreed to hereon. Merchants accustomed to deal
6 in these articles, are privileged to keep for sale twenty-five pounds of Salt-
7 petre and gunpowder: also, five barrels of Refined Coal Oil or Petroleum, of
8 lawful fire test, provided the same be not drawn by artificial light, placed
9 within the distance of fifteen feet thereof. A disregard of the foregoing re-
10 strictions will invalidate the Policy.

1 V—Apportionment of liability in case of other Insurance.—
2 Re-insurance.—If, at the happening of any loss to the property hereby
3 covered, there shall be other insurance thereon, the liability of the Company
4 under this Policy shall be limited to such proportion of the loss sustained, not
5 exceeding the sum hereby insured, as the amount at risk on said property
6 under this Policy shall bear to the whole amount at risk thereon in this and
7 other Companies, including all Policies and contracts for insurance, valid and
8 invalid, existing at the time of the loss; and when such other insurance or
9 any part thereof, shall be subject to the conditions of average, this Policy shall
10 be subject to average in like manner. Re-insurance to be on the basis of joint
11 liability, this Company to pay such proportion of the loss sustained by the re-
12 insured Company, as the sum hereby reinsured shall bear to the whole sum at
13 risk by the re-insured Company.

1 VI—Conditions as to Cancellations.—Miscellaneous Pro-
2 visions.—This Policy shall be subject to cancellation, at any time, at the re-
3 quest of the assured, the Company to retain earned premium reckoned at
4 the usual short rate for the time expired. The Policy may also be, at any time,
5 cancelled by the Company, on refunding or tendering to the assured, his, her,
6 or their agent or representative, a ratable proportion of the premium for the
7 time unexpired; and where the insurance is made payable to a third party, as
8 collateral security, it shall not be necessary to give notice to, and have the
9 consent of, said third party, in order to effect such cancellation. Any person
10 other than the assured, who may have applied for or procured this Policy,
11 shall therein be deemed to have acted as the agent of the assured, and not of
12 this Company. Agents of this Company have no authority to bind the Com-
13 pany in violation of any of the printed terms or conditions of insurance as
14 herein expressed; and no printed or written condition or restriction hereof,
15 which, by its terms, may be subject to waiver, shall be deemed to have been
16 waived, except by a distinct, specific agreement, clearly expressed in the body
17 of the Policy. The cost of arbitrations, appraisements, estimates, plans and
18 specifications, shall be borne equally by the assured and the Company; and,
19 in all appraisements, the Company shall have the right to take any of the
20 articles damaged at their appraised value.

1 VII—Duty of Assured in case of Loss.—Proofs of Loss.—Ap-
2 praisements.—On the happening of any loss or damage to the property
3 hereby covered, the assured shall give immediate notice thereof to the Com-
4 pany, and as soon thereafter as possible render a particular account and proof
5 thereof, signed and sworn to by the said assured, setting forth: 1st, a copy of
6 the written portion or body of this Policy and all endorsements thereon; 2nd,
7 other insurance, if any, on same property, or any portion thereof, with
8 copies of the written portion or body of each Policy and endorsements thereon;
9 3rd, the actual cash value of the property covered by the Policy, at the time
10 immediately preceding the loss; 4th, the ownership of the said property, and
11 the interest of assured in same; 5th, for what purposes, and by whom, the
12 building described herein was occupied in its several parts, at the time of the
13 loss; 6th, the date of the fire, and the amount of actual loss or damage; 7th,
14 how the fire originated, so far as the assured may know or believe. Said
15 proofs shall be conclusive as to the amount of the loss or damage sustained,
16 only when said amount shall have been mutually agreed upon between the
17 assured and the Company, or determined by appraisers duly chosen as herein-
18 after provided. As preliminary to said proofs, it shall be the duty of the as-
19 sured, when personal property is damaged, to forthwith cause the same to be
20 put in the best order possible, properly arranged, separating the damaged from
21 the undamaged, and make a complete inventory thereof, naming the kind,
22 quantity, and sound value of each article; on which the damage shall be ap-
23 praised, item by item. A similar inventory, so far as possible, shall be made
24 of personal property claimed to have been totally destroyed; and, if required,
25 assured shall produce for examination and copying by the Company, its agent
26 or attorney, all books of account and vouchers relating to the claim, including
27 certified copies of bills, invoices, and other vouchers, the originals of which
28 have been lost or mislaid; also, if required, accurate plans and specifications
29 of any building, machinery, or fixtures, on which loss is claimed. If the as-
30 sured and the Company cannot agree as to the amount of the loss or damage,
31 three competent and disinterested appraisers or experts shall be chosen, one
32 by each party; the two so chosen to choose the third to act with, and decide
33 all differences between them, whose duty it shall be, under oath or affirma-
34 tion, to appraise the cash value, at the time of the fire, of the property damaged
35 or destroyed, and fix the loss or damage thereon in detail; rendering an ac-
36 count thereof in writing, or, in case of a building, machinery, or fixtures, to
37 make a detailed estimate in writing of the cost of repairing or replacing
38 the same. In all cases due allowance shall be made for depreciation in
39 value by age, use, location, or otherwise, and the amount of such depreciation
40 shall be deducted from the cost of replacing property to ascertain its real cash
41 value; and, in case of repairs, suitable allowance shall be made for the differ-
42 ence between old and new work. If the Policy covers both real and personal
43 property, separate sets of appraisers shall be chosen to ascertain the loss or
44 damage on each, if either of the parties hereto shall demand it. Appraisals
45 and estimates so made, and signed by a majority of the appraisers, while con-
46 clusive as to the amount of the loss or damage, shall not determine the legal
47 liability of the Company hereunder. If requested, the assured shall also,
48 either before or within sixty days after making and submitting proofs as above
49 required, submit to an examination or examinations, under oath or affirma-
50 tion, by an agent or attorney of the Company, touching all matters relating to
51 the claim and the cause of the fire, and subscribe to the same when reduced
52 to writing. And until such proofs, appraisals, estimates, plans and specifica-
53 tions are furnished, and examinations permitted, no valid claim against the
54 Company for loss or damage shall be deemed to have been made. It is also
55 declared to be a condition precedent to the granting of the insurance under
56 this Policy, that the amount of loss claimable hereunder shall not exceed the
57 actual value of the property destroyed, as hereinbefore provided, any statute to
58 the contrary notwithstanding.

1 VIII—Disputed Claims.—Provisions as to Arbitration.—If dif-
2 ference shall arise between the parties hereto, (not determined and settled by
3 appraisers,) as to the amount of any loss or damage, after proofs thereof have
4 been received in due form, the matter shall, at the written request of either
5 party, be submitted to three impartial arbitrators, (each party to chose one,
6 and the two so chosen to choose the third), whose award in writing, signed by
7 a majority of the arbitrators, shall be binding on the parties, as to the AMOUNT
8 OF SUCH LOSS OR DAMAGE, but shall not decide the LEGAL LIABILITY of the
9 Company under this Policy. And in such case of disagreement, the deter-
10 mination of the amount of the loss or damage sustained, by arbitrators as
11 aforesaid, shall be a condition precedent to the right of the assured, or other
12 party, to institute proceedings at law for the recovery of the claim hereunder.
13 Nor shall any suit or action for the recovery of a claim under this Policy be
14 sustainable in any Court of law or equity, if commenced after the expiration
15 of one year from the date of the loss, but such lapse of time shall be deemed
16 conclusive evidence against the validity of such claim, any statute of limita-
17 tions to the contrary notwithstanding.

[FIGURE] This Policy shall not take effect before the premium is paid; and is granted upon, and with refer[e]nce to, the above con-
ditions, limitations and requirements, and in consideration thereof, as well as of the premium paid. By accepting this Policy it
shall be understood the assured agrees to become bound by its terms and conditions. [FIGURE]

IN WITNESS WHEREOF, The Home Fire Insurance Company of Utah, has caused these presents to be
signed by its duly authorized officers, in the CITY OF SALT LAKE, TERRITORY OF UTAH, this Twenty Sixth day of
November A. D. 1886.

ASSIGNMENTS.

[FIGURE] An ASSIGNMENT of this Policy is to be made only when, by virtue of a voluntary transfer or conveyance, a change has
taken place in the title or ownership of the property covered by the Policy. In such case, the consent of the Company having
been previously obtained, the form subjoined should be used in making the assignment.

[FIGURE] When it is desired to make the insurance hereunder payable to a third party, as collateral security, an entry must be
made in the body of the Policy, in terms substantially as follows: "At the request of the Assured, the Loss under this Policy,
if any, is made payable to (state the name of the mortgagee or trustee, as the case may be,) [blank]
to extent of his mortgage interest, not exceeding the sum insured."

THE ASSURED under this Policy having applied for permission to assign the same to [blank]
by a reason of transfer of the title or ownership of the property covered by this Policy to said
part [blank], the HOME FIRE INSURANCE COMPANY OF UTAH hereby consents to such assignment, subject to
all the terms and conditions of insurance herein mentioned and referred to.

Dated the [blank] day of [blank] 18[blank]. [blank]

For Value Received, (consent having been first obtained, as above certified,) [blank] hereby transfer, assign
and set over unto [blank] and [blank] assigns, all [blank] right, title and
interest in this Policy of Insurance, and all benefit and advantage to be derived therefrom.

Witness [blank] hand this [blank] day of [blank] 188[blank].
[blank] ASSURED.

RECEIPT FOR CANCELLATION.

[blank] 18[blank]

Received of the HOME FIRE INSURANCE COMPANY OF UTAH,
[blank] DOLLARS,
Return Premium, in consideration of which, this Policy is hereby canceled and surrendered to the Company.

[blank]
The Assured by said Policy.