FEINBERG/WHITMAN MISCELLANY Business & Financial Papers Insurance Policy Box 45 Folder 2No. 3,721,785. $ 300 The Sun FIRE Office ESTABLISHED AD 1710 HEAD OFFICE 63 THREADNEEDLE ST. LONDON, ENG. U.S. BRANCH 30 NASSAU STREET, NEW YORK. SUN FIRE OFFICE This Policy of Insurance Witnesseth, that Walt Whitman Hereinafter called the Insured having paid to the undersigned, the duly authorized representative in the United States of America of the Society of THE SUN FIRE OFFICE (hereinafter called the Society), One Dollar the receipt whereof is hereby acknowledged, for insuring against loss or damage by Fire or by Lightning as hereinafter mentioned the property hereinafter described in the several sums following, namely: Three Hundred Dollars In his printed sheets bound, unbound and in process of bindidng, Contained in Buck Building situated 1213/1215 Filbert St. Philada. Other Insurance Permitted Without notice until required The Society hereby agrees with the Insured, (but subject to the following terms, stipulations, and conditions, which constitute the basis of this insurance,) that if the property herein described or any part thereof, shall be destroyed or damaged by Fire or by LIghtning at any time between the 8th day of January 1889 at 12 o'clock at noon and the 8th day of February 1889 at 12 o'clock at noon, or at any time afterwards, so long as the Insured or the representatives in Interest of the Insured shall pay to the said Society or to its authorized representative, agent, or agents for the time being, and the said Society shall through such representative, agent, or agents, accept the sum required for the renewal of this policy, at, and at the expiration of every one calendar months after, the expiration of the said term, the Society will pay or make good all such immediate loss or damage to an amount not exceeding in respect of the several matters herein specified the sum set opposite thereto respectively, or the interest, of the Insured therein, whichever shall be the less, and not exceeding in the whole the sum of three hundred dollars. Warranty by the Insured. 1. If an application, survey, plan, statement, or description of the property hereby insured is referred to in this policy, such application, survey, plan statement, or description shall be considered a part of this contract, and to be a warranty by the Insured whether the same be written by the Insured or by some other person. And this policy shall become void in the event of any false representation by the Insured of the condition, situation, or occupancy of the property, or of any omission to make known any fact material to the risk, or of any over valuation or any misrepresentation whatsoever, either in a written statement or otherwise, And the Society shall not be bound under this policy by any act of or statement made to or by any agent or other person, which is not authorized by this policy, or contained therein or in any written paper above mentioned. 2. This is also a part of this warranty that if this policy shall be continued by renewal it shall be considered as continued under the original representations, and that any change in the risk not made known to the Society at the time it is so continued shall render this policy void; or if the property hereby insured, whether real or personal, or any part thereof, be or shall become encumbered by mortgage, judgement, or otherwise, and not so stated, together with the amount of such encumbrance, in the written application, or endorsed in writing hereon by or on behalf of the Society, this Policy and every part thereof shall be void. This Policy shall become void unless consent in writing is endorsed hereon by or on behalf of the Society, in each of the following instances: 1. If the Insured be not the sole and unconditional owner of the property; or if any building intended to be insured stand on ground not owned in fee simple by the Insured; of if the interest of the Insured in the property whether as owner, trustee, consignee, factor, agent, mortagagee, lessee, or otherwise, be not truly stated in this policy; or if any change takes place in the title, interst, location, or possession of the property, (except in case of succession by reason of the death of the Insured), whether by sale, transfer, or conveyance, in whole or in part, or by legal process or judicial decree; or the title or possession be now or hereafter become involved in litigation; or if this policy be assigned or transferred before a loss. 2. If the Insured have or shall hereafter obtain any other policy or agreement for insurance, whether valid or not, on the property above mentioned or any part thereof. 3. If the risk be increased by any change in the occupation or use of the building or premises herein described, or by the erection or occupation of adjacent buildings, or by any means whatever within the knowledge of the Insured. 4. If any building hereby insured or containing property hereby insured be or become vacant or unoccupied for the purpose indicated in this contract, or become occupied in whole or in part for other and more hazardous purposes than those indicated in the contract. 5. If the property hereby insured being a manufacturing establishment shall be run at night or overtime, or shall cease to be operated. 6. Or if any of the following named articles be kept, stored or used in or on the premises herein described, any custom or usage of trade or manufacture to the contrary notwithstanding; viz.: benzine, benzole, benzine varnish, burning fluid, camphene, chemical oils, dynamite, fireworks, gasoline, gun cotton, gunpowder, naphtha, nitro-glycerine, nitrate of soda, oily waste, petroleum and liquid products thereof, phosphorus, rubber cement, saltpetre, spirit gas, or any article subject to legal restrictions. Kerosene or refined petroleum oils of the legal standard, however, may be used for lights in dwellings, stores, churches, and school houses, but the oil is to be drawn and the lamps filled and trimmed by daylight only. The generation or evaporation within the building or contiguous thereto of any substance for a burning gas, or the use of gasoline for lighting, is prohibited. The Society shall not be liable under this Policy in any of the following instances: 1. If the premium for the insurance or for any renewal thereof has not been actually paid. 2. For loss by theft at or in consequence of a fire. Or in consequence of any neglect, violation or deviation by the Insured of or from any laws or regulations of Police. 3. For any loss caused by explosion of any kind, unless fire ensue, and then for the loss or damage by fire only, which loss shall be determined by the value of the damaged property after the explosion. Loss or damage by concussion from lightning is not however included in this exception. 4. If the building herein described or any part thereof shall fall, unless the fall be the result of a fire, and in the event of such fall this insurance will immediately cease and determine. 5. If the loss or damage be caused by the neglect of the Insured to use all practicable means to save and protect the property at an after the fire, or when the property is endangered by a fire on neighboring premises. No abandonment to the Society of any insured property can be allowed. 6. For loss of money, or bullion, bills, notes, accounts, deeds, manuscripts, evidence of debt, or securities of any kind. 7. For any consequential or constructive loss or damage beyond the actual damage by fire to the property, whether such loss or damage be occasioned by neglect of any ordinance or law regulating the constriction or repair of buildings or otherwise. 8. For any loss in buildings unprovided with good and substantial stone or brick chimneys, absence of which shall have been the cause of the fire. 9. For any loss or damage caused by the use of open lights in Barns or Outbuildings, or where shavings are kept or made. 10. For any loss or damage by fire caused by means of or happening through or in consequence of invasion, insurrection, riot, civil war, or commotion, military or usurped power. 11. If the fire be occasioned by or through the wilful act, procurement, or connivance of the Insured or any claimant, or if any claim be in any respect fraudulent, or if any statement, affidavit or statutory declarations made in support thereof be false. Property not covered by this Policy unless mentioned. 1. Jewels, precious stones, plate, watches, musical and scientific instruments, (pianofortes in dwellings excepted), ornaments, medals, patterns, printed music, printed books, engravings, paintings, picture frames, sculpture, casts, models, and curiosities. These must be specifically mentioned. 2. Frescoed work, or gilding on walls or ceilings, plate glass doors and windows when the plates are of the dimensions of more than nine square feet, store furniture and fixtures including shelving and counters, awnings and signs, and fences and other yard fixtures, and good held on storage or in trust or commission. These must be separately and specifically insured. General Provisions. 1. The use of general terms or anything less than a distinct specific agreement clearly expressed and endorsed on this Policy shall not be construed as a waiver of any printed or written condition or restriction therein. 2. In case of any other insurance, specific or otherwise, upon the property hereby insured, whether made prior or subsequent to the date of this Policy, whether (for any cause) valid or invalid, and without reference to the solvency or insolvency of insuring companies, and whether concurrent with this policy or otherwise, the Insured shall not be entitled to recover from the Society any greater proportion of the loss sustained than the sum hereby insured shall bear to the whole amount insured thereon. And it is hereby declared and agreed that in case of the Insured holding any other Policy in this or any other company on the property hereby insured, or any part thereof, subject to the conditions of average, this policy shall be subject to average in like manner. 3. Any Floating Policy attaching in whole are in part of the property covered by this policy shall, as between the Insured and the Society, be considered as contributing insurance to the full amount of such policy, and liable as such to pay pro rata any loss, total or partial, on the property hereby insured. 4. Re-insurance in case of loss to be settled in proportion as the sum re-insured shall bear to the whole sum covered by the re-insured company. 5. when the property insured under this Policy shall be damaged by removal from a building exposed to loss by fire, such damage shall be borne by the Society in such proportion as the whole sum insured shall bear to the whole value of the property insured, of which proof in due form required by this Policy shall be made by the claimant so insured. 6. It is understood and agreed that this Policy shall cover loss or damage by Lightning to the property hereby insured, whether fire ensure or not, provided, that if there is other insurance upon the property so damaged, the Society shall be liable for only such proportion of the loss or damage as the amount insured hereunder bears to the whole amount insured thereon, whether such other insurance contains a similar clause or not. 7. If any Broker or other person than the Insured has procured this policy, or any renewal thereof, or any endorsement thereon, he shall be deemed to be the agent of the Insured and not of this Society in any transaction relating to the insurance; and any brokerage or rebate from the premium named herein paid or allowed to such Broker or other person the Insured agrees is to be considered as paid or allowed to the Insured. 8. This insurance may be terminated at any time at the request of the Insured, in which case the Society shall retain only the customary short rates for the time the policy shall have been in force. The Insurance may also be terminated at any time at the option of the Society on giving notice to that effect and refunding a ratable proportion of the premium for the unexpired term of the Policy. Proceeding in case of loss. 1. Persons sustaining loss or damage by fire shall forthwith give notice of said loss in writing to the Society, and as soon thereafter as possible render a particular account of such loss, signed and sworn to by them, stating whether any and what other insurance has been made on the same property, giving copies of the written portions of all policies thereon, also the actual cash value of the property and their interest therein, for what purpose and by whom the building insured or containing the property insured and the several parts thereof was used at the time of the loss, when and how the fire originated, and shall also produce a certificate under the hand and seal of a Magistrate or Notary Public nearest to the place of the fire, not concerned in the loss as a creditor or otherwise nor related to the Insured, stating that he has examined the circumstances attending the loss, knows the character and circumstances of the Insured, and verily believes that the Insured has without fraud or evil practice sustained loss on the property insured to the amount which such Magistrate or Notary shall certify. The Insured shall, if required, submit to the examination or examinations under oath by any person appointed by the Society, and subscribe to such examinations when reduced to writing, and shall also produce their books of account and other vouchers and exhibit the same for examination at the office of the Society, and permit extract and copies thereof to be made. The Insured shall also produce certified copies of all bills and invoices, the originals of which have been lost, and shall exhibit all that remains of the property which was covered by this policy, damaged and not damaged, for examination to any person or persons named by the Society. No profit or advantage of any kind is to be included in the claim. 2. When a fire has occurred injuring the property herein described the Insured shall use all practicable means to save and protect the same. When personal property is damaged the Insured shall forthwith cause it to be put in order, assorting and arranging the various articles according to their kinds, separating the damaged from the undamaged, and shall cause an inventory of the whole thereof, including property claimed to be totally destroyed, to be made and furnished to the Society, naming the quantity, quality, and cost of each article. 3. If the loss sustained be upon a building, fixtures, or machinery, the Insured shall if required furnish duly verified plans and specifications of such property destroyed or damaged. The Insured shall, whenever and as often as called upon, exhibit to any person or persons named by the Society all that remains of said property, damaged and not damaged, for examination. If the claim be fore building, machinery, and fixtures destroyed by fire, the Insured shall procure the duly verified certificate of some reliable and responsible builder, and also of a reliable and responsible engineer, and also of a carpenter or other competent person, which certificates shall give in detail the actual cash value of such building, machinery, and fixtures, immediately before said fire, and said certificates shall be attached to and from a part of the proofs. 4. The amount of sound value and of damage to the property may be determined by mutual agreement between the Society and the Insured, or failing to agree the same shall then, at the written request of either party, be ascertained by an appraisal of each article of personal property, or by an estimate in detail of a building by competent and impartial appraisers, one to be selected by each party, and the two so chosen shall first select an umpire to act with them in case of their disagreement, and if the said appraisers fail to agree they shall refer the difference to such umpire, and the award in writing of any two shall be binding and conclusive as to the amount of such loss or damage, but shall not decide the validity of the contract or any other question except the amount of such loss or damage. Each party shall pay its own appraiser and one-half the umpire's fee. It shall be optional with the Society to take the whole or any part of the articles at their appraised value, and also 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 thirty days after completion of the proofs herein required. 5. The cash value of property destroyed or damaged by fire shall in no case exceed what would be the cost to the Insured at the time of the fire and replacing the same. And in case of the depreciation of such property, from use or otherwise, a suitable deduction from the cash cost of replacing shall be made to ascertain the actual cash value. 6. In case of loss on property held in trust or on commission, or if the interest of the Insured be other than the entire and sole ownership, the names of the respective owners shall be set forth together with their respective interests therein. If this policy be made payable in case of loss to a third party, or held as collateral security, the proofs of loss shall be made by the party originally insured unless there shall have been an actual sale of the property insured. 7. In case of loss on live stock, no horse or mule shall be valued at more than one hundred dollars; no one head of cattle at more than thirty-five dollars; and not to exceed ten dollars for any other one animal, unless other specific amount is particularly mentioned herein. 8. Any fraud or attempt at fraud, or any misrepresentation in any statement touching the loss, or any false swearing on the part of the Insured or his agent in any examination or in the proofs of loss or otherwise, shall cause a forfeiture of all claims on the Society under this policy. And in such case the Society shall have the right at any time to require the same to be delivered up to be cancelled. 9. When the Society shall claim that the fire was caused by any act or omission of any person, town or corporation, which created a cause of action, the party to whom the loss is payable under this policy shall on receiving payment assign to the Society such cause of action. 10. It is furthermore hereby expressly provided and mutually agreed that no suit or action against the Society from the recovery of any claim by virtue of this policy shall be sustainable in any Court of Law or Chancery, until after an award shall have been obtained fixing the amount of such claim in the manner above provided, nor unless such suit or action shall be commenced within twelve months next after the loss shall occur. And should any action or suit be commenced against the Society after the expiration of the aforesaid twelve months, the lapse of time shall be taken and deemed as conclusive evidence against the validity of such claim, any statute of limitation to the contrary notwithstanding. 11. Loss money will be payable at the expiration of 60 days from the date of the adjustment of a claim, unless the Society shall have replaced the property damaged or destroyed, or have given notice of its intention to rebuild the damaged premises. Permit for Repairs. The working of carpenters, roofers, tinsmiths, gas-fitters, plumbers, or other mechanics, in building, altering, or repairing the premises named in this policy, will vitiate the same, unless permission for such work be endorsed in writing hereon, except in dwelling houses only where five days are allowed in any one year for incidental repairs without notice or endorsement. This policy shall not be valid unless countersigned by the duly authorized Agent of the Society at Philadelphia In witness whereof, I have hereunto set my hand and seal at the city of New York, in the State of New York. Countersigned Philadelphia this 8th day of January 1889 Wagner Gaylor Agent. J. T. Linle[?] Manager of the United States Branch of the Sun Fire Office.For Value Received, ____ hereby transfer, assign and set over unto ____ and ____ executors or administrators all ____ title and interest in this Policy, and all advantages to be derived therefrom. Witness ____ hand, this ____ day of ____ 18___ Assented to, this ____ day of ____ 18___ ______ Agent. For Value Received, ____ hereby transfer, assign and set over unto ____ and ____ executors or administrators all ____ title and interest in this Policy, and all advantages to be derived therefrom. Witness ____ hand, this ____ day of ____ 18___ Assented to, this ____ day of ____ 18___ ______ Agent. [*for [?] [a?] & [Meland?] [???] Miss [Katia?] was in the W.W. complete sheets - It goes with [?] vol 3 with W.W. in Camden April 20, '00 [He???] [Jan??del] *] SUN FIRE OFFICE of London, England. United States Branch. Fire Policy No. 3,721,785 Name of Insured. Walt Whitman Location, 1213/1215 Filbert St. Amount Insured, $ 300 Rate, --- 150/30 Premium, --- $1.00 Expires February 8 1889 AT NOON. Please to read your Policy and the Conditions. Payment of the Premium to a Broker is not valid until received by the Society. GENERAL INSURANCE AGENCY Agent. WAGNER & TAYLOR, 138 So. 4th St., Philadelphia [*Page 285 - W. W. in Camden Vol III*] Year. Mo. Day. Date of Cancellation, " Policy, __________________ Time in Force, Premium Paid, $______ " Earned, $ ______ " ret'd to assured, $ ______ Cancelled at _______ Rate. Received, _______ 188 from the SUN FIRE OFFICE OF LONDON, _______ Dollars, being in full for return premium under this Policy, which is hereby cancelled and surrendered. _______________ _______________ 1270 1889 8 January Walt Whitman Insurance Policy. (1p. 56 1/2 x 43 1/2 cm.) Insurance policy for Walt Whitman, who, for One Dollar, insured for Three Hundred Dollars, against loss or damage by fire of by lightning, On his Printed Sheets bound, unbound and in process of binding, Contained in Brick Building situate Nos. 1213/1215 Filbert St. Philad.a., between 8 January 1889 and 8 February 1889, with the United States Branch of the Sun Fire Office of London, with a notation by Horace Traubel (for Frank & Mildred Bain -- this policy xxx on the W.W. Complete sheets. It goes with my vol. 3 With W. W. in Camden April 20, '10 Horace Traubel). No A.MS. notations by WW. (see Walt Whitman in Camden, III, 285.) JOHN TAYLOR. LOUIS M. WAGNER. GENERAL INSURANCE AGENCY, WAGNER & TAYLOR, SUCCESSORS TO LOUIS WAGNER, No. 138 South Fourth St. Telephone No. 2622. Philadelphia,...........3/20...........1889 Walt Whitman 1213/1215 Filbert St. Dear Sir: We beg to advise you that the following policies of insurance will expire during the month of May 1889 We shall be pleased to renew the same for you, and will appreciate any further orders. Very truly yours, WAGNER & TAYLOR. DAY. COMPANY. RISK. AMOUNT. 8 Sun Evg Mdse. 300JOHN TAYLOR. LOUIS M. WAGNER. GENERAL INSURANCE AGENCY. WAGNER & TAYLOR, SUCCESSORS TO LOUIS WAGNER, Telephone No. 2622 No. 138 South Fourth St. Philadelphia, 10/22 1888 Walt Whitman 1213/1215 Filbert St. Dear Sir: We beg to advise you that the following policies of insurance will expire during the month of November 1888 We shall be pleased to renew the same for you, and will appreciate any further orders. Very truly yours, WAGNER & TAYLOR. DAY. COMPANY. RISK. AMOUNT. 8 Sun Eng. Merchandise 400JOHN TAYLOR. LOUIS M. WAGNER. GENERAL INSURANCE AGENCY. WAGNER & TAYLOR, SUCCESSORS TO LOUIS WAGNER, Telephone No. 2622. No. 138 South Fourth St. Philadelphia 11/21 1888 Walt Whitman 1213/1215 Filbert St. Dear Sir: We beg to advise you that the following policies of insurance will expire during the month of December 1888 We shall be pleased to renew the same for you, and will appreciate any further orders. Very truly yours, WAGNER & TAYLOR. DAY. COMPANY. RISK. AMOUNT. 8 Sun Eng. Merchandise $300