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HomeMy WebLinkAboutResolution - 030531 - Insurance Agreement - Standard Accident Insurance Company - 03/05/1931 Best Available Scan Lillie B. Johnson - colored - left this Bond for you. J elpk 1 10.IM ,g 3- 9 INVOICE To Will White FOR INSURANCE AS FOLLOWS: PLAINS INSURANCE AGENCY LOANS, INSURANCE, BONDS 206 PALACE THEATRE ELDG. PHONE 2077 LUBBOCK, TEXAS 'WHERE MOST PEOPLE GET THEIR INcu Reurr EXPIRATION POLICY NUMBER COMPANY PROPERTY COVERED KIND AMOUNT RATE PREMIUM DUE -32 1380769 Standard Liability —I — 115 30 Paya le as fol o.vs: Resg in adv nc e ^38,33. J ne 5th 38.33 S pt 5th 38.33 i Office ORDER GIVEN BY rill White MORTGAGE None REMARKS 52]99 11 ATIONAL UNION i 11#E INSURANCE CVS D'E1�NNITY Co. PnOSB URGH, PA. Insurance That Insures PLAINS INSURANCE AGENCY, Agents LOANS—INSURANCE—BONDS 206 PALACE THEATER BUILDING Phone: 2077 LUBBOCK, TEXAS Received of Will white this March 5th 1931 $38.33 being firxt installment on liability insurance policy to comply with City Ordinance now in force and effect on taxicabs. Flas I uranceAgency By Automobile Policy Number J C 13 8 0 7 6 9 Standard Accident Insurancc Company DETROIT, MICHIGAN (HEREINAFTER CALLED THE COMPANY) Does Hereb-q Agree Insuring Agreements With the Assured named and described in the Declarations forming a part hereof, as respects accidents occurring during the Policy Period stated in said Declarations, by reason of the ownership, maintenance or use of any automobile described in said Declarations, including the loading and unloading of such automobile: Liability I. A. TO PAY, within the limits specified in Item 5 of said Declarations, the loss from the liability imposed by law upon the Assured for damages on account of bodily injuries, including death re- sulting therefrom, sustained or alleged to have been sustained by any person or persons as the result of such accidents. Property I. B. TO PAY, within the limits as specified in Item 5 of said Declarations, the loss from the Damage liability imposed by law upon the Assured for damage to or destruction of property, including the (Optional) resultant loss of use thereof (excepting property of the Assured, property in custody of the Assured and property which is rented or leased and for which the Assured is legally responsible, and property carried in or upon any such automobile), resulting from such accidents. This Agreement shall be effective only as provided in Item 4 of said Declarations. Collision I. C. TO PAY, within the limits specified in Item 5 of said Declarations, the loss from damage to or [Optional] destruction of any such automobile, including its operating equipment while attached thereto, caused solely, in any such accident, by collision with another object either moving or stationary or by upset, or by both, excluding: (1) damage or destruction caused directly or indirectly by fire; (2) damage to or destruction of any tire unless caused in an accidental collision which also causes other damage to, or the destruction of, such automobile. This Agreement shall be effective only as provided in Item 4 of said Declarations. Service II. TO SERVE the Assured upon notice of such injuries by such investigation thereof, or by such negotiation or settlement of any resulting claims as may be deemed expedient by the Company. Defense III. TO DEFEND in the name and on behalf of the Assured any suits against the Assured, even if groundless, to recover damages on account of bodily injuries covered hereby or property damage covered hereby. Expenses IV. TO PAY (a) all costs taxed against the Assured in any legal proceedings defended by the Com- pany; (b) all expenses incurred by the Company for investigation, negotiation, or defense; (c) all premiums on attachment and/or appeal bonds in any legal proceeding defended by the Company, and (d) all interest accruing after entry of judgment upon such part of said judgment as is not in excess of the Company's limit of liability under Insuring Agreements I. A and/or I. B as hereinafter respectively expressed, such interest terminating on the date of delivery of the Company's check to the judgment creditor or his attorney of record in payment of its liability under Insuring Agreements I. A and/or I. B. Surgical V. TO REIMBURSE the Assured for the expense incurred in providing such IMMEDIATE Relief SURGICAL RELIEF at the time of the accident as is imperative. insolvency VI. The insolvency or bankruptcy of the Assured shall not release the Company from any payment and otherwise due hereunder, and if an execution on a judgment against the Assured is returned unsatis- Bankruptcy fied, the judgment creditor shall have a right of action against the Company, subject to the terms and limitations of this Policy, to recover the amount of said judgment. VII. The term "Named Assured," as herein used shall mean only the Assured named and described Additional in Item 1 of said Declarations, but the term "Assured" shall include any other person while riding in or Assured legally operating any such automobile and any other person, firm or corporation legally responsible for the operation of such automobile, provided: (a) such automobile is being used with the permission of the Named Assured, or, if he is an individual, with the permission of an adult member of his household other than a chauffeur or domestic servant; (b) such other person, firm or corporation is not covered by any valid and collectible insurance against a loss covered by this Policy; (c) the term "Assured" shall not be held to include any public garage, automobile repair shop, automobile sales agency, automobile service station, or any agent or employee thereof. It is further provided that any indemnity payable under this Policy shall be applied first to the protection of the Named Assured and the remainder, if any, to the protection of other persons entitled to indemnity under the provisions and conditions of this paragraph. Exclusions VIII. The Company shall not be liable under this Policy for (a) accidents to Assured's employees while engaged in operating or caring for any of such automobiles insured hereunder; (b) accidents to any employee of the Assured arising out of and in the usual course of the trade, business, profession or occupation of the Assured; (c) accidents occurring while such automobiles are being operated in any race or speed contest, or by any person in violation of law as to age or in any event under the age of fourteen years; (d) accidents occurring while such automobiles are being kept, maintained or used beyond the limits of the United States or Canada, or while used for any purpose other than as specified in said Declarations; (e) accidents occurring while such automobiles are being used to transport high explosives (carrying of loaded cartridges for gun or pistol permitted); (f) any obligation assumed by or imposed upon the Assured by any Workmen's Compensation agreement, plan or law. This Agreement is subject to the f ollowinq Conditions: Cancellation A. This Policy may be cancelled at any time by either of the parties upon written notice to the other party, stating when thereafter cancellation shall be effective. The effective date of such cancellation shall then be the end of the Policy Period. The Company shall be entitled to the earned premium pro rata if this Policy is cancelled by the Company, or by the Named Assured (a) upon the theft or destruction of such automobile, or (b) upon the sale or termination of his interest therein and his acceptance, within 30 days of such cancellation, of a new Policy in this Company covering another automobile acquired by him in replacement of the automobile in which his interest has been terminated. The Company shall be entitled to the earned premium computed at short rates in accordance with the table printed hereon if this Policy is cancelled by the Named Assured under any other conditions. Notice of cancellation mailed to or delivered at the address of the Named Assured as herein given shall be sufficient notice, and the check of the Company, or of its Agent, similarly mailed or delivered, a sufficient tender of any unearned premium. Inspection B The Company shall be permitted at all reasonable times during the Policy Period to inspect any of the automobiles covered by this Policy. The Company shall also have reasonable time and oppor- tunity to examine any damaged automobile or its equipment covered hereby before repairs are undertaken or physical evidence of the damage removed, but the Assured shall not be prejudiced hereunder by any act on the Assured's part or in the Assured's behalf undertaken for the protection or salvage of the damaged automobile or its equipment. Accident and C. The Assured upon the occurrence of an accident shall give immediate written notice thereof, Suit Notice with the fullest information obtainable, to the Company at its Home Office, Detroit, Michigan, or its duly authorized Agent. He shall give like notice, with full particulars, of any claim made on account of such accident. If, thereafter, any suit is brought against the Assured he shall immediately forward to the Company every summons or other process served upon him. The Assured shall not voluntarily assume any liability, settle any claim or incur any expense (except for immediate surgical relief imperative at the time of the accident) except at his own cost, or interfere in any negotiations for settlement or legal proceeding without the consent of the Company previously given in writing. The Assured, when requested by the Company, shall aid in effecting settlements, in securing evidence and the attendance of witnesses and in prosecuting appeals. Appraisal D. In the case of a disagreement as respects loss under Insuring Agreement I.C, the amount of such loss shall, upon written demand of either party hereto, be determined by two appraisers, one to be appointed by each party. If these two appraisers are not able to agree, they may select a third and the award in writing of any two appraisers shall determine the nature and extent of such loss. The Company and the Named Assured shall pay the appraiser respectively selected by them and shall bear equally the other expenses of the appraisers and of the third appraiser, if one is selected. Action Against E. No action shall lie against the Company to recover upon any claim or for any loss under this Company Policy unless brought after the amount of such claim or loss shall have been fixed and rendered certain either by final judgment against the Assured after trial of the issue or by agreement between the parties with the written consent of the Company, nor in any event unless brought within two years thereafter. Special Statutes F. If the method of serving notice of cancellation, or the limit of time for notice of accident or for any legal proceeding herein contained is at variance with any specific statutory provision in relation thereto, in force in the state in which any of the automobiles herein described are operated, such specific statutory provision shall supersede any such condition in this contract inconsistent therewith. Other G. If the Named Assured carries a policy of another insurer against loss covered by this Policy, Insurance the Company shall not be liable for a larger proportion of the entire loss than the amount hereby insured bears to the total amount of valid and collectible insurance applicable thereto. Transfer of H. No assignment of interest under this Policy, voluntary or involuntary, shall bind the Company Ownership unless the written consent of the Company is endorsed hereon by one of its officers. In the event any and automobile described herein is sold or delivered for sale by or for the Named Assured, the insurance Assignment hereunder shall terminate as of the date of such sale or delivery unless this Policy shall be assigned to the purchaser. If the death, insolvency or bankruptcy of the Assured shall occur during the Policy Period, this Policy, during the unexpired portion of such Period, shall cover the legal representative of the Assured, provided notice shall have been given to the Company in writing within thirty days after the date of such death, insolvency or bankruptcy. Subroqation I In case of payment of loss or expense under this Policy the Company shall be subrogated, to the amount of such payment, to all rights of recovery for such loss or expense by the Assured against persons, corporations or estates, and the Assured shall execute all papers required to secure to the Company such rights. Chanqes J. No condition or provision of this Policy shall be waived or altered except by endorsement attached hereto and signed by the President, a Vice -President or Secretary of the Company; nor shall notice to any Agent, nor shall knowledge possessed by any Agent or by any person, be held to effect a waiver or change in any part of this contract. The personal pronoun herein used to refer to the Assured shall apply regardless of number and gender. Considerations K. This Policy is issued in consideration of its provisions respecting the premium, the payment of and the premium expressed in said Declarations which are hereby made a part of this Policy, and the state - Warranties ments contained in said Declarations, which statements, except such as are declared to be matters of estimate only, the Assured, by the acceptance of this Policy, warrants to be true. In Witness Whereof, the Standard Accident Insurance Co. has caused this Policy to be signed by its President and Secretary at Detroit, Michigan, and countersigned by a duly authorized Agent of the Company. Secretary HORNBERGER, BECKMAR,, General Agents. President Countersigned at ►y821__.kntoniO t Texas �, __ W..... 6 _... by _ -----------�°1: --------------------------- fTuEhorized Agent $g Eliminaiinq Additional Assured Not valid unless countersigned by a duly authorized Agent of the Company. In consideration of the reduced premium for the Policy to which this endorsement is attached, it is hereby under- stood and agreed that the Insuring Agreement captioned "Additional Assured" is hereby deleted from this Policy. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or declarations of the undermentioned Policy other than as above stated. This endorsement shall take effect ----------- Llarat,--- 5 ---------------------- 14 --- 31 12 o'clock Noon standard time at the Named Assured's address, and shall terminate simultaneously with this Policy. Attached to and forming part of Policy No._--JC-1380769Will 'iVhite ------------------ issued to ----------------- -------------------------------- of----------------Lubbock, Texas Countersigned at ------ San -_Antonio...... Texas_._- Standard Accident Insurance Co. this------- 7 th'skRiC431. rAWah A--- G6i � 0 Agents. o by -- ------------------ --------- Secretary 6- • e e (Form Auto 39 Ed. May 192 5M-5-27) -- .. ,-.- larety [lep't, ►i� 11 Automobile Department Not valid unless countersigned by a duly authorized Agent of the Company. Endorsement: The term "Public Livery Car" as used in connection with the policy to which this endorsement is attached is defined as follows: "A Public Livery automobile is any automobile of the private passenger type not equipped with a taximeter, subject to call from a garage, stand, station, or other public resort, and rented by the hour, day, trip, or mile, for general passenger carrying use, but not operated on a schedule as a bus." Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or declarations of the undermentioned Policy other than as above stated. NOON This endorsement shall take effect---_.-_Ma—roh---5------------------------------ 19 31..1299o'clock---- M., standard time at Assured's address, and shall terminate simultaneously with this Policy. Attached to and forming part of Policy No.JC_-1380769_ _.issuedto....._.Will White. --.. of ................. Lubb o clk, ---`texas------------------------ ---"--- Standard Accident Insurance Co. Countersigned at SaYI-- Anto Ili 0 , Texas ---------------------- this--------- 7-101t ---- --------d of---- Marah-----------19 31. l , BECKMANN by------------------------- -------- Gen.4MLAUen1a.-------------------...- �� Authoriz�gent. Form4Auto 11 Ed. Jan. 1929 25M-5-29 (yggatjy SUI' pER% Y , Form!Auto 11 Ed. Jan. 1929 25M-5-29 ..�_ • Secretary Automohil,., d. ipartment Not valid unless couutersiqued by a duly authorized Ageut of the Company. Endorsement: The premium charged for this Policy shall be paid as follows: 38.33 in Advance; $38.33 on June 5, 1931; $38.33 on September 5, 1931. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or declarations of the undermentioned Policy other than as above stated. NOON This endorsement shall take effect ----__-------- March 5 19 31 l200 -o'clock ----M., standard time at Assured's address, and shall terminate simultaneously with this Policy. Attached to and forming part of Policy NoJc-1380769_____, issued to-_____-.-+Yill WhitQ............................................ .............. of ------------------------Lubbock-+-- .. Texa s----- ---------------...-- Standard Accident Insurance Co. Countersigned at-_------ San Antonio, Texas ----------------------------------------- this --------7 th.--------------day of --- .Maroh----------19 31. ViERGER, BECKMANN & COMpi by -------------------------------------------- ----------Genera- z ------------ �i ed Agent. FormfAuto 11 Ed. Jan. 1929 26ML-6�-2-9-W 1 9 iSecreary Declaratious Item L Named Assured Will White Residence Address Lubbock, Texas Business Address Assured's occupation is Taxi Operator Individual, co -partnership, corporation or estate? (Street, Town and State) (Street, Town and State) Indivi dual Lubbock, Texas Item 2. The Policy Period shall be from March 5 1931 to March 5 at 12 o'clock noon, standard time, at the Named Assured's address, as to each of said dates. Item 3. The number and description of all the automobiles covered by this Policy are as follows: 1932 Item a. Insuring Agreements I. B and I. C shall be effective as respects such automobile only in the event that the premium therefor is specifically entered in the proper division provided below for said Insuring Agreements and for such automobile. The coverage hereunder as respects Insuring Agreements I. B and I. C, and the premiums for all forms of insurance effective, are as follows: Liability Insuring Agreement I.A Trade Name of Automobile Type of Body (If truck, state tonnage) Numberof Cylinders Model Power (Gas or Electric) Factory No, of Engine Purchased by Assured List Price with Equipment Year No. Mo. Year New or Second E 116.00 s s s Hand a Dodge Sedan 1928 $ Gas Motor # $ S E S E 1038547 E E S E S Serial # $ E $ ,963264 Item a. Insuring Agreements I. B and I. C shall be effective as respects such automobile only in the event that the premium therefor is specifically entered in the proper division provided below for said Insuring Agreements and for such automobile. The coverage hereunder as respects Insuring Agreements I. B and I. C, and the premiums for all forms of insurance effective, are as follows: Liability Insuring Agreement I.A Property Damage Insuring Agreement I.B Home Office Code Collision Insuring Agreement I.0 Home Office Code Total Premium Each Automobile E 90.00 E 25.00 E Not Want ad E 116.00 s s s s a $ $ $ S E S E E E S E S $ E $ Item 5. The Company's liability, as respects each automobile covered hereby, shall be limited: (a) Under Insuring Agreement I. A, to Five Thousand Dollars ($ 5, 000.00 ) as respects any one accident resulting in bodily injuries to or the death of one person, and, sub- ject to that limit for each person, the Company's total liability on account of any one accident resulting in bodil injuries or death to more than one person is limited to Ten Rousand Dollars ($110, 000.00 ). (b) Under Insuring Agreement I. B, to Five Thousand Dollars ($ 5 , 000.00 ) as respects any one accident. (c) Under Insuring Agreement I. C, to the actual intrinsic value of the property damaged or destroyed at the time of the collision and/or upset, or the cost of its suitable repair or replacement. The Company may pay the loss in money or, at its option, by repair or replacement of the property damaged or destroyed. The total loss resulting from one collision and/or upset shall be con- sidered in the aggregate as constituting one claim and from the total amount, determined as provided in this Policy, shall be deducted, as co-insurance to be borne by the Assured, the sum of Not Wanted (State whether: "Nothing" or "Fifty Dollars" or "One Hundred Dollars") Regardless of the foregoing limits the Company will pay as provided in Insuring Agreement V. The limit of the Company's Liability, as herein expressed, shall apply to each of the automobiles covered by this Policy. Item G. The automobiles described are, and will be throughout the Policy Period, equipped with — — — bumpers. (Insert trade -name of bumpers) Item z. The automobiles described will be used for: Public Livery ( When used for business urposes, state kind of business) Item s. The automobiles described herein are owned exclusively by the Famed Assured, are fully paid for and are not mortgaged or encumbered, except as herein stated: No exceptions Item 9. The automobiles described herein will not be: (a) Rented to others or used to carry passengers for a con- sideration, except as herein stated: See Item -47 (b) Used for towing or propelling trailers or other vehicles used as trailers other than incidental assistance to stranded motorists, except as herein stated: No exceptions Item 10. The automobiles described herein will not be used for demonstrating or testing nor in any work connected with a garage, or an automobile repair shop, sales agency or service station, except as herein stated: No exceptions Item 11. The automobiles described are principally used in Lubbock, Texas and vicinity. Item 12. No similar insurance has been declined or cancelled by any company during the past three years, except as herein siated: No exceptions Date of Issue March 7, 19 31. (Form Auto 25. Ed. April 1930. 25M-7-30) 0 ;4 rjj tl Number of �// > r Days r! ~ y' N a Perms O or Months centage or Months 00 centage 1 day ........................ F-6 Oo r • 16% O days...................... to O Cr E days ....................... 4% Q � 17% ^+ a days or five months........ Q x 3 days ....................... 5% 25 days....................... 19% 165 days...................... 65 %o 4 days ....................... 6% 30 days or one month .......... Pd 180 days or six months ......... 70 5 ~ U1 W W 2 O tl Number of �// > Days r! ~ n F0 Perms O or Months centage or Months 00 centage 1 day ........................ F-6 Oo r • 16% 135 days...................... to O Cr E days ....................... 4% 20 days....................... 17% ^+ a days or five months........ Q x Read 1jour Policy NOW Know What Protection L]ou Have be Courteous Drive Caref ull- •- Know and ®be -q Traffic Requlaiions WARN1NCG—Never start your car in a closed garage. Gasoline engines generate CARBON MONOXIDE GAS, which kills instantly when breathed. You may not see it or smell it—but it is deadly poisonous. Open your garage doors before starting your motor. Short Rate Cancellation Table Periods exceeding 20 days, and not exceeding 25 days, to be the rate of 25 days, and so on to one year. Number of Number of Number of Days Per- Days Per- Days Perms or Months centage or Months centage or Months centage 1 day ........................ 270 19 days....................... 16% 135 days...................... 551/1c 2 days ....................... 4% 20 days....................... 17% 150 days or five months........ 60% 3 days ....................... 5% 25 days....................... 19% 165 days...................... 65 %o 4 days ....................... 6% 30 days or one month .......... 20% 180 days or six months ......... 70 5 days ....................... 7% 35 days....................... 23% 195 days...................... 73 % 6 days ....................... 8% 40 days....................... 260/,) 210 days or seven months....... 75°J 7 days ....................... 90/0 45 days....................... 2711/0 225 days...................... 78% 8 days ....................... 9% 50 days....................... 28% 240 days or eight months....... 80 9 days ....:.................. 1070 55 days....................... 29% 255 days...................... 83 % 10 days ....................... 100/0 60 days or two months......... 30% 270 days or nine months........ 850/c 11 days ....................... 11% 65 days....................... 33% 285 days...................... 880/c 12 days ....................... 12% 70 days....................... 36% 300 days or ten months......... 90 13 days ....................... 13% 75 days....................... 37% 315 days...................... 93 14 days ....................... 13% 80 days....................... 38% 330 days or eleven months...... 95 15 days ....................... 14% 85 days....................... 39% 345 days...................... 98% 16 days ....................... 14% 90 days or three months........ 40% 360 days or twelve months...... 100 17 days ....................... 15% 105 days...................... 45% 18 days ....................... 16% 120 days or four months........ 50%