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Whereas the Insured herein named residing at the address
herein mentioned has by a signed proposal and declaration dated as
herein stated which proposal and declaration the Insured has agreed
shall be the basis of this contract and be held as incorporated
herein applied to the RELIANCE INSURANCE LIMITED (hereinafter
called the Company) for insurance against the contingencies
specified hereafter.
Now This Policy Witnesseth that in consideration of
the Insured having paid or agreed to pay to the Company for this
Insurance the first Premium mentioned.
The Company Hereby Agrees (subject to the conditions
herein or endorsed or otherwise expressed hereon which conditions
shall so far as the nature of then respectively will permit be
deemed to be conditions precedent to the right of the insured to
recover hereunder) that in the event of any of the following
Contingencies namely :- |
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LOSS OR DAMAGE BY FIRE OR
THEFT OR
ANY |
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OTHER ACCIDENT OR FORTUITOUS
CIRCUMSTANCE |
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happening to any of the property described in the Schedule hereto
geographical limits mentioned, or in any subsequent period in
respect which the Insured shall pay to the Company and the Company
shall accept the premium required for the renewal of this Insurance,
Company will by payment, reinstate or repair indemnify the Insured
respect of the loss of or damage to such property caused by the said
contingencies.
Provided that the Policy does not cover Money, securities, Stamps,
Document, Manuscripts, or Books of Account unless specially
mentioned, nor loss or damage: - .
(1) Directly or indirectly proximately or remotely occasioned by or
contributed to by or traceable to or arising out or in conne9tiqn
with Cyclone, Volcanic Eruption, Earthquake or other convulsion of
nature, War, Invasion, Act of Foreign Epel11Y, Hostilities or
Warlike, Operations (whether war be declared or not), Mutiny, Riot,
Civil Commotion Insurrection, Rebellion Revolution, Conspiracy
Military or Usurped Power, Martial Law or State of Siege or any of
the event or cause which determine proclamation or maintenance of
Martial Law or State of Siege and in the event of claim hereunder
the Insured shall prove that the loss or damage arose independently
of and was in no way connected with or occasioned by or contributed
to by or traceable any of the said occurrences or any consequence
thereof and in default of such proof the Company shall not be liable
to make any payment in respect of such a claim, or
(2) Caused by or arising from any process of Repairing, Restoring or
Renovating any property insured hereby, or
(3) Due to Vermin, Insects, Mildew, wear or other deterioration or
inherent defect in any property insured hereby, or
(4) To watches and clocks arising from breakage of glass, over
winding, denting or internal damage and to glassware, china, marble,
earthenware, gramophone records or other fragile articles by
cracking, scratching or breakage, or
(5) To fire arms by rusting, bursting or mechanical derangement.
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1. The Insured
shall cause the Jewellery included in this insurance to be
periodically examined by a competent Jeweller and will have all
attachments, fastenings and settings of stones attended to as
advised by the said Jeweller and generally the Insured shall take
reasonable precautions for the safety of all the property insured
hereby.
2. On the happening of any event giving rise or likely to give rise,
to a claim under this Policy coming to the knowledge of the Insured,
the Insured, shall:
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(a) Give immediate
notice thereof in writing to the Company stating the circumstances
of the case and if the claim be one for Theft or wilful damage, take
all practicable steps to discover the guilty person or persons and
if a case of Loss or Theft,. to recover the property lost. In the
'case of loss or theft of the property he shall also give immediate
notice to the Police.
(b) Within seven days or such further time as the Company may allow,
after the above notice has been received, deliver to the Company a
statement in writing with all particulars and details reasonably
practicable of the property affected and the value thereof and of
the loss or damage thereto and particulars of all other insurances,
if any, in respect of the property lost or damaged.
(c) Furnish all such Vouchers, Proofs, Explanation and other
Evidence as may be reasonably required by the Company, together with
a statutory declaration, if required, in verification of the
statement.
Unless immediate notice as required in paragraph (a) above be
received by the Company within nine weeks of the happening of the
event which gives rise to the claim, the Company will be under no
liability for any Loss or damage occurring in connection with such
event and further, if the claim be in any respect fraudulent or if
any false statutory declaration be made or used in support thereof,
all benefit under this Policy is forfeited. |
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3. The Company may,
at its option reinstate or replace the Property Lost or Damaged or
any part thereof, instead of paying the amount of the Loss or Damage
in money or may join with other Insurers in so doing. Reinstatement
effected as nearly as reasonably practicable to be deemed
sufficient, notwithstanding that the former appearance and condition
of the property may not be precisely restored. If the Company elect
to reinstate or replace, the Insured shall furnish to it when
required all such plans, specifications and information as may be
deemed necessary or expedient for the purpose.
4. On the happening of any Damage to Property in respect of which a
claim is or may be made under this. Policy, the Company, by its
authorised Officers and Servants or others enter into and for a
reasonable time remain in possession of such Property, for all
reasonable purposes relating to or in connection with the insurance
hereby effected and this Policy shall be evidence of leave and
license and authority for that purpose. Any obstruction or
interference by tile Insured shall avoid the Policy.
5. If at the time of any loss of or damage to any property hereby
insured, there be any other insurance effected by or on behalf of
the Insured covering any of the property destroyed or damaged, the
liability of the Company hereunder shall be limited to its rateable
proportion of such loss or damage.
If any such other insurance shall be subject to any Condition of
Average this Policy, if not already subject to any Condition of
Average, shall be subject to Average in like manner.
If any other insurance effected by or on behalf of the Insured is
expressed to cover any of the property hereby insured, but is
subject to any provision whereby it is excluded from ranking
concurrently with this Policy either in whole or in part or from
contributing rateably to the loss or damage the liability of the
Company hereunder shall be limited to such proportion of the loss or
damage as the sum hereby insured bears to the value of the property.
6. Where an insured article consists of items in a pair or set, this
Policy is not to pay 'more than the value of any particular part or
parts which may be lost or damaged without reference to any special
value which such item or items may have as part of such pair or set
nor more than a proportionate part of the Sum insured of the pair or
set.
7. The Insured shall, at the expense of the Company, do and concur
in doing and permit to be done all such acts and things as may be
necessary or reasonably required by the Company for the purpose of
enforcing any rights and remedies or of obtaining relief or
indemnity from other parties to which the Company shall be or would
become entitled or subrogated, upon its 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 Company.
8. The insurance may be terminated at any time at the request of the
Insured, in which case the Company will retain the customary short
period rate for the time the Policy has been in force. The insurance
may also at any time be terminated at the option of the Company, on
notice to that effect being given to the Insured, in which case the
Company shall be liable to repay on demand a rateable proportion of
the premium for the unexpired term from the date of the cancelment.
9. If any difference shall arise as to the amount to be paid under
this Policy (liability being otherwise admitted) such difference
shall be referred to an Arbitrator to be appointed by the parties in
accordance with the statutory provisions in that behalf for the time
being in force. Where any difference is by this condition to be
referred to arbitration the making for an Award shall be a condition
precedent to any right of action against the Company.
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