be held to keep this policy in force unless such person shall forthwith Form 244. give to the insured the manager's official printed receipt for such premium, and no special or other indorsemt will be held valid unless the same is recognised and countersigned at the chief office. 12. In this policy "permanent total disablemt " implies the loss of Definitions. both hands or of both feet or the loss of a hand and a foot; and " "permanent partial disablemt" implies the loss of one hand, the loss of one foot, or the complete or irrecoverable loss of sight. 13. This policy shall not be assignable, and the co shall in no case No trusts recognized. be bound to recognise or take notice of any trust or equitable charge or lien sought to be imposed on this policy, or any monies payable thereunder, and the receipt of the insured or his leg. per. reps. shall in all cases be a good discharge to the co. Recital as in Form 243. Now, &c., that if at any time, &c., the insured shall, whilst travelling by Form 245. a passenger train on any line of railway in Great Britain or Ireland [or Railway on the continent of Europe] in any carriage intended for passengers of accident policy. whatever class, sustain any personal injury caused by an accident to such train, then, &c. [as in Form 243]. [Conditions, see supra, p. 314, et seq.] See Theobald v. Railway Passengers Co., 10 Exch. 45. The above can readily be altered to an insurance against fatal injury. Recitals as in Form 243. Now, &c., that if, &c., the insured shall whilst at sea be drowned, or Marine accident policy. whilst at sea shall sustain any personal injury caused by accidental violence, whereof the direct effect shall cause the death of the insured, then the Co shall pay to his leg. per. reps. the full sum of —l. within a month after satisfactory proof of such death shall have been furnished to the directors of the co: Provided that such death takes place within three calendar months from the date of the accident occasioning the same, &c. [as in Form 313]. The conditions above, p. 315, can readily be adopted. But a condition as follows will be inserted : "The company shall only be liable and the policy shall only extend to and cover accidental death from drowning or any other cause which happens while the insured is actually at sea in the employment of ships specified in the schedule hereto, or is embarking or disembarking therefrom, or while he is in any boat, raft, or vessel in which he may have been compelled to leave the said ship in consequence of its being wrecked or in a state of danger, provided the said ship shall sail or be navigated in some of the usual ascertained tracks." The time for giving notice, supra, p. 315, condition 5, is generally increased, e.g., to three months. The above form can readily be altered to a voyage policy. WHAS (hereinafter called the employer), desires to effect an in- Form 246. surance with (hereinafter called the co) as hereinafter ex- Employer's pressed, and has pd to the co the sum ofl. as the premium for such liability. calendar months from the Form 246. insurance for day of 188 : NOW THIS POLICY WITNESSETH and declares that the co, so far as regards injuries caused during the period covered by the premium so pd as afsd, or any further period in respect of which the co shall accept a premium or premiums, shall pay to the employer all sums which such employer shall become liable for under or by virtue of the Employers' Liability Act, 1880, as and for compensation for personal injury caused to any workman in [his] service while engaged in performing the employer's work in any of the occupations and at any of the places mentd in the schedule hto, such paymt to be made within one calendar month after satisfactory proof of such liability shall have been furnished to the co. Notice of accident. Company may settle claim. State of works. Notice on renewal. How notice to be given. Mis-statement. This policy, &c., supra, p. 314. IN WITNESS, &c. The conditions within referred to are as follows: 1. Upon the occurrence of any accident notice thereof shall within seven days of its occurrence be given to the company with such further information as to the time at and the circumstances under which the injury was caused and the nature and extent thereof, and the name and occupation of the claimant and such other information as the company may by their rules or otherwise require; and if the company shall so require such information shall be given upon forms supplied by the company for the purpose, and be certified by the employer or his principal manager. The employer on receiving notice of a claim shall within seven days send on the same or a certified copy thereof to the company, and he shall cause to be supplied to the company such further information as to and such evidence of the circumstances connected with such claim as the company may from time to time apply for. 2. On receiving from the employer notice of any claim the company may take upon themselves the settlement of the same, and, in that case, the employer shall give them all necessary information and assistance for the purpose. The employer shall not, except at his own cost, pay or settle any claim without the consent of the company, but if any proceedings be taken to enforce any claim in respect of which such notice shall be given, the company shall have the entire conduct and control of the same throughout in the name and on behalf of the employer, and shall in any event indemnify the employer against all costs and expenses of and incident upon any such proceedings, and the employer shall at the cost of the company render them every assistance in his power to enable them to resist any claim wholly or in part or to defend any such proceedings. 3. The employer shall and will at all times use all reasonable diligence in keeping himself acquainted with the state of the ways, works, machinery and plant connected with or used in his business upon or in the use of which the said workmen shall be employed, and in keeping the same in a proper state of repair, and if any defect shall be discovered rendering the occupation of any workman more than usually hazardous shall cause the said defect to be made good, and shall in the meantime cause such additional precautions as circumstances may require to be taken. 4. The employer shall, at every renewal of the policy, give to the company notice of any circumstance rendering the occupation of workmen more hazardous than at the time of the payment of the last previous premium. 5. Every notice and communication to be given or made hereunder to or with the company shall be sent to the chief offices of the company in 6. If there shall be any mis-statement in or intentional omission of a material fact from the proposal upon the basis of which this insurance is granted, or if the third condition be not complied with, this policy shall be void. 7. The premium has been fixed on the assumption that only the amount of Form 246. wages mentioned in the schedule hereto will be paid to workmen engaged in Limit of each occupation there mentioned. If upon any claim arising it shall be found liability. by reference to the wages book that a larger amount of wages is being paid to men in the occupation in which the injury occurs the company will only pay in respect of such injury such a proportion of the amount they would otherwise have to pay as shall be borne by the amount of wages mentioned in the schedule under the particular occupation to the amount of wages actually being paid in that occupation at the time of such claim arising, and the said wages book shall at all reasonable times be open to the inspection of the company or whomsoever they may appoint. 8. In the case of the death or retirement of any member of or the addition of New partners. a new member to any firm hereby insured this policy shall enure for the benefit of the remaining or continuing and new members of such firm. 9. The expression "workman" shall have the same meaning throughout this "Workmen." policy, and in these conditions, as in the Employers' Liability Act, 1880, provided that this policy shall not insure against the result of any accident caused by or happening to any child, young person, or woman subject to the provisions of the Factory Acts, the Mines Regulation Acts, or any Act relating to the employment of labour, while employed contrary to such provisions. 10. If a dispute shall arise respecting the amount to be paid to the employer Arbitration. or whether these conditions have been complied with or otherwise as to anything herein contained, the matter shall, if required by the company, be referred to, &c., supra, p. 312. 11. The directors shall not be bound to send any notice of the renewal pre- Determination. mium becoming due, and shall be at liberty should they see fit at any time by giving notice in writing to the insured to determine this policy as from the receipt of such notice without prejudice to the rights of the insured in respect of prior accident, and in that case the company shall return on demand to the insured the premium paid by him less a pro ratá part thereof for the proportion of the year the policy has been in force, and such notice shall be deemed sufficiently given if posted in addressed to the insured at the within-mentioned address, and shall in such case be deemed to have been received by him at the expiration of twenty-four hours after it is posted. 12. No renewal receipts are valid unless they are in the printed office form and issued by the chief office, and no payment of money to any person shall be held to keep this policy in force unless such person shall forthwith give to the insured the official printed receipt for such premium, and no special or other endorsement will be held valid unless the same is recognised and countersigned at the chief office. Description of occupation. SCHEDULE. Wages paid to workmen in the Place at which workmen Form 246. Form 247. Live stock insurance. Limit. Renewal. Exceptions. Compulsory slaughter. Salvage. Variation of policy. The above merely deals with liability imposed by the Act, but some companies issue policies insuring the employer against claims in respect of any accident to workmen and sometimes secures specified compensation to injured workmen. In some cases the policy is to cover weekly wages of a specified amount, and in others is to cover the employer until a specified sum has been expended in wages. Recital as in Form 243. NOW THIS POLICY WITNESSETH and declares that if at any time [&c., as in Form 243] during the period covered by the premium so pd as afsd, or any further period in respect of which the co shall accept a premium, any animal specified in the schedule hto shall die from any accident or disease, then in every such case the co will pay or make good all the damage and loss which the insured shall sustain by the death of the animal, not exceeding in each case the amount set opposite the parlars of such animal in the sd schedule. This policy, &c. [see p. 314.] IN WITNESS, &c. The schedule will be divided into columns, and will show the colour, species [name], age, market value, insured value, premium, &c. The above form, and the conditions following, can readily be altered to suit the case of insurance against accidents only. 1. The company will cover the risk on each animal to the extent of not more than two-thirds its fair market value, with the exception of stock for fattening, which may be insured up to the full market value at the time of proposal. 2. Every application for the renewal of this policy shall be made to the company at least seven days before the expiration of the time for which the policy may be in force, and shall be accompanied by a deposit of 20 per cent. of the amount of premium to be paid. 3. This policy does not insure against the death of any animal resulting from improper use or unskilful treatment, or wilful neglect, nor against death resulting from rot, or liver-fluke, nor from injuries maliciously inflicted, nor from malicious slaughtering or poisoning, nor from death resulting from fire, or occurring during transport by sea or land, except from one farm of the insured to another in the same or adjoining parishes, nor, in the case of sheep, from rot or small-pox, nor, in the case of horses, from death from foaling, or the operation of castration, or from glanders and farcy, unless at an additional premium. 4. When any animal hereby insured is destroyed under the Contagious Diseases (Animals) Act, or under any Order of the Privy Council, or by the instructions of any government or local inspector, acting under the authority of such Act or Order, the company shall be liable for the difference only between the amount payable to the owner under the above-named Act and the amount of insurance on such animal covered by this policy. 5. One third of the salvage on cattle, sheep, or pigs, will belong to the assured, and the remaining two-thirds, as also the whole of the salvage on horses, will belong to the company, but in no case will less than 25s. for horses in large towns, 15s. for horses in the country and small towns, 10s. for neat cattle exceeding 18 months old, 5s. for young stock, 3s. for sheep and pigs, be deducted by the company from the amount of claims. 6. Subject to the payment of such premium as the company may require, the said schedule hereto may, with the consent of the company, be varied from time to time by the entering thereon, or on a separate form, of other animals either in addition to or in substitution of those for the time being therein comprised. Every such variation shall be authenticated by the signature of the secretary, and the risk of the company in respect of the animals added shall Form 247. commence from such date as may be specified, and be in every respect subject to the terms and conditions of this policy. [It is said that where an alteration is required in a policy it may be made by indorsement if it is such as is provided for by the conditions of the policy; but if not, and the contract becomes a new one, a new policy should be issued, or the indorsement should have an adhesive stamp attached at the time of execution. Bunyan, Fire Insur. 61. This proposition seems consistent with reason, and is generally acted on. Hence the introduction of a clause as above.] 7. All stock of a class on a farm or premises must be insured, and newly- Separation of purchased stock must be kept separate and apart from other insured stock on stock. the premises, as far as possible, until examined and passed by the company's inspector. 8. Under no circumstances will the company be liable whilst any part of the Premium premium in respect of the original insurance, or any renewal, addition or sub- unpaid. stitution, shall be unpaid. Every animal must be in perfect health, and free from any injury, at the time of such payment, and so continue for twenty-one days after the date of any proposal paper. 9. The insured shall give notice of the illness of or of any accident to any Notice of stock hereby insured to the secretary at the head office, and to the local agent illness. or inspector of the company, within twenty-four hours from the commencement of such illness, or occurrence of such accident, and shall comply with all such directions as the inspector may give. When the carcase is fit for human food the assured must cause it to be dressed and disposed of to the best advantage. 10. No compensation will be allowed for any cattle, sheep or pigs slaughtered When no without express permission from the inspector of the company, nor for any compensation. horse slaughtered (except in cases of fractured bones, where humanity renders it necessary), without authority in writing under the hand of the secretary of the company. 11. The assured shall not introduce, or permit to be introduced, a diseased Diseased stock or infected animal among any insured stock, or upon any part of his premises, not to be introduced. or suffer the insured stock to mix with diseased or infected animals, or permit them to go into tainted sheds or buildings, or any other place where diseased animals have been, but shall cause any animal attacked with any contagious disease to be completely separated and isolated from the remainder of his stock immediately upon the discovery of the attack, and shall not permit any communication by his servants, utensils, or otherwise, between diseased and healthy animals, and shall use all necessary and proper precautions to protect his healthy stock from any chance of infection. 12. On the death of any animal hereby insured the insured shall immedi- Notice on ately give notice thereof to the secretary at the head office, and to the local death. inspector or agent of the company, and shall, within twenty-one days thereof, furnish to the company, at its head office in London, on the printed form of the company, such information, accompanied by such certificates and reasonable proof as to the death, identity and value of the animal, and the observance of these conditions, as the directors may require. 13. The insured shall permit the directors, or their officers, at all times to Inspection. inspect the animals hereby insured, and premises of the assured, and shall furnish any information which they may require, and shall comply with all reasonable regulations and directions from time to time made and given by the company. 14. No animal hereby insured shall, without the permission of the company, Employment of be employed for any other purpose than that specified in the proposal, nor be anima's. removed for the purpose of being kept on any other farm or premises than those mentioned in the proposal, nor be insured in or protected by any other Y |