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Title: North Carolina Mutual Fire Insurance Company Policy, July 7, 1863: Electronic Edition.
Author: North-Carolina Mutual Fire Insurance Company
Funding from the University Library, University of North Carolina at Chapel Hill supported the electronic publication of this title.
Text transcribed by Amanda Page
Images scanned by Bari Helms
Text encoded by Amanda Page
First Edition, 2005
Size of electronic edition: ca. 27K
Publisher: The University Library, University of North Carolina at Chapel Hill
Chapel Hill, North Carolina
The electronic edition is a part of the University of North Carolina at Chapel Hill digital library, Documenting the American South.
Languages used in the text: English
Revision history:
2005-07-26, Amanda Page finished TEI/XML encoding.
Title of collection: University of North Carolina Papers (#40005), University Archives, University of North Carolina at Chapel Hill
Title of document: North Carolina Mutual Fire Insurance Company Policy, July 7, 1863
Author: North-Carolina Mutual Fire Insurance Company
Description: 4 pages, 4 page images
Note: Call number 40005 (University Archives, University of North Carolina at Chapel Hill)
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North-Carolina Mutual Fire Insurance Company

North Carolina Mutual Fire Insurance Company Policy, July 7, 1863

Cover page
Trustees of University of N.C.
No. 12769
$1350. PREMIUM, $270.
EXPIRES, July 4, 1868

Page 1
The North-Carolina Mutual Fire Insurance Company
No. 12769
This policy witnesseth, that, whereas, Trustees of the University of North Carolina of Chapel Hill in the County of Orange and State of North Carolina, have become members of The North-Carolina Mutual Fire Insurance Company, and have deposited a Premium Note for the sum of Thirteen Hundred & fifty dollars, with the Secretary of said Company, being the amount of Premium for Insuring the sum of Fifteen Thousand dollars, unto the said Trustees of the University of N.C. — their successors and Assigns, on the following property, to wit:

On East Building . . . . . $5000
On South Building . . . . . 5000
On West Building . . . . . 5000. $15000 at 9 per cent $1350
Situated at Chapel Hill & described in Survey Report Nos. 5043 & 9895
reference being had to the Application of said Trustees for a more particular description, and as forming a part of this POLICY during the term of five years, commencing at 12 o'clock at noon on the fourth day of July, 1863, and ending at 12 o'clock at noon on the fourth day of July, 1868. NOW, THEREFORE the said Company, for and in consideration of the deposite of the Premium Note aforesaid, and of the 20 per cent. of the same to them paid by the said Trustees the receipt whereof is hereby acknowledged—do, by THESE PRESENTS, promise and agree to make good unto the said assured, their successors, administrators, and assigns, all such direct and immediate loss or damage by fire, (not exceeding the whole sum insured,) as shall happen by fire to the aforesaid property during the time this POLICY shall remain in force—the said loss or damage to be estmated according to the true and actual value of the property at the time the same shall happen—and to be paid within ninety days after notice and proof thereof made by the assured, in conformity to the conditions annexed to this Policy: PROVIDED ALWAYS, AND IT IS HEREBY DECLARED, That this Company shall not be liable to make good any loss or damage by fire which may happen to take place by means of any invasion, insurrection, riot or civil commotion, or any military or usurped power: AND PROVIDED, FARTHER, That in case the assured shall have already any other Insurance against loss by fire on the property hereby insured, and not notified to this Company and mentioned in or indorsed upon this Policy, then this INSURANCE shall be void and of no effect. And if the assured or their assigns shall hereafter make any other insurance on the same property, and shall not with all reasonable diligence give notice thereof to this Company, and have the same endorsed on this instrument or otherwise acknowledged by them in writing, this Policy shall cease and be of no farther effect. And if any subsequent insurance should be made upon the property hereby insured, which, with the sum or sums aready insured, should, in the opinion of the said NORTH-CAROLINA FIRE INSURANCE COMPANY, amount to an over-insurance, said Company reserve to themselves the right of cancelling this Policy, by surrendering to the assured his Deposite or Premium Note. And in the case of any other insurance upon the property hereby insured, whether prior or subsequent to the date of this Policy, the insured shall not, in the case of loss or damage, be entitled to demand or to recover of this Company any greater protion of the loss or damage sustained than the amount hereby insured shall bear to the whole amount insured on the said property. AND IT IS AGREED AND DECLARED to be the intent and meaning of the parties hereto, that in the case of the above mentioned buildings shall, at any time after the making and during the continuance of this insurance, be appropriated, applied, or used to or for the purpose of carrying on or exercising therein any trade, business, or vacation, or for the purpose of storing therein articles, goods, or merchandise, by which the risk is increased, unless herein otherwise specially provided for, or hereafter agreed by this Company in writing, and added to or indorsed upon this Policy, then and from thenceforth, so long as the same shall be so appropriated, applied or used, these Presents shall cease and be of no force or effect. AND IT IS MOREOVER DECLARED, That this Insurance is not intended to apply to or cover any books of account, written securities, deeds or other evidences of title to land, to bonds, bills, notes or other evidences of debt, nor money or bullion. And that this Policy is made and accepted in reference to the conditions hereunto annexed, which are to be used and resorted to in order to explain the rights and obligations of the parties hereto, in all cases not herein otherwise specially provided.
IN WITNESS WHEREOF, THE NORTH-CAROLINA MUTUAL FIRE INSURANCE COMPANY have caused these PRESENTS to be signed by their President and attested by their Secretary, at Raleigh, this fourth day of July in the year of our Lord one thousand eight hundred and sixty-three.
(The interest of the assured in this Policy is not assignable, unless by consent of the NORTH-CAROLINA MUTUAL FIRE INSURANCE COMPANY, manifested in writing.)


J. H. Kelly, President

Hamden S. Smith, Secretary

Page 2
In Consideration of One Dollar to . . . . . in hand paid, . . . . . do hereby assign, transfer, and set over to . . . . . . . . . . . of . . . . . . . . . . . ., all . . . . . . right , title, and interest in the within Policy of Insurance.
Witness . . . . . .hand and seal this . . . . . . . . . . . day of . . . . . . . . . . ., 18 . . . . .

. . . . . . . . . . (Seal.)


. . . . . . . . . }Ex. Com.

. . . . . . . . . . .

. . . . . . . . . . .

Office of the North-Carolina Mutual Insurance Company,

Page 3

J.B.G. ROULHAC, Raleigh, JOSH G. WRIGHT, Wilmington, JOSH BONER, Salem,
HENRY D. TURNER, Raleigh; JAMES E. HOYT, Washington, W.W. GRIFFIN, Elizabeth City,
JOHN R. WILLIAMS, Raleigh JOHN M. JONES, Edenton, F.F. FAGAN, Plymouth.
C.W.D. HUTCHINGS, Raleigh W.N.H. SMITH, Murfeesborough, O.F. LONG, Hillsboro',
JAMES M. TOWLES, Raleigh H.B. WILLIAMS, Charlotte, JOS. WHITE, Wadesboro'.
JAMES F. JORDAN, Raleigh GEO. A. SMITH, Milton,
J.B.G. ROULHAC, President, JNO. R. WILLIAMS, Executive Committee.
H.D. TURNER, Vice-President, T.H. Selby, Executive Committee.
J.C. PARTRIDGE, Secretary & Treasurer, C.W.D. HUTCHINGS, Executive Committee.
JNO. H. BRYAN, Attorney.


1.—All applications for Insurance must be made in writing, according to the printed forms prepared by the Company. Such applications shall contain the place where the property is situated; of what materials it is composed; its dimensions, number of chimneys, fireplace and stoves; how constructed, and for what occupied; its relative situation as to other buildings, distance from each; if less than 100 feet; for what purpose occupied, and whether the property is encumbered, by what and to what amount; and if applicant has a less estate than the fee, the nature of the estate.
2.—Such application may be made either by the applicant or by a surveyor, and in all cases the insured shall be bound by the application—for the purpose of taking which, such surveyor will be deemed the agent of the applicant.
3.—The applicant shall, at the time of making such application, give his note for the premium, and shall pay upon the same ten per cent., and also one dollar for the survey, and one dollar for the Policy to be issued thereon, and such other sum as shall be agreed upon by the agent or applicant for extra trouble.
4.—No insurance shall be considered as binding until the application and note are deposited in the Office of the Company, application approved by the Directors, and the ten per cent. and the expenses of the survey and the policy paid.
5.—Property must be insured in the name of all the owners, and the application must state the interest of of each owner, or the policy will be void.
6.—Goods held in trust or on commission are to be insured as such, otherwise the policy will not cover such property.
7.—If any person insuring any property in this Company shall make any misrepresentation or concealment in the application, or if, after the insurance is effected, the risk of the property shall be increased by any means whatever within the control of the assured; or if the building or premises shall be occupied in any way so as to render the risk more hazardous than at the time of the insuring, and not specified in the said application—such insurance shall be void and of no effect. And if the insured shall alienate the property insured, or any part thereof, conditionally, or by mortgage or otherwise, or shall suffer any judgement or decree operating as a lien on said property, or any part thereof, to pass against him, the policy shall be void, unless he shall make a representation thereof in writing to the Directors of said Company' stating the amount and to whom mortgaged, or in whose favor such judgment or decree was rendered; and in case such a representation is made, said Directors shall have power to give their assent to the same or cancel said Policy, as they shall deem proper on examination.
8.—If any property insured in this Company shall be rendered more hazardous after insurance is effected, by any means whatever not within the control of the insured, such person so insured shall immediately give notice to the Secretary, and the Directors may elect either to continue the Insurance upon the same terms—to continue it if the insured shall give his additional Premium Note for such sum as the Directors may determine—or may cancel the Policy and return the Premium Note and the rateable proportion of the ten per cent. unexpended; and if the insured shall omit in such case to give the said notice, then such Insurance shall be void and of no effect.
9.—In all cases of insurance, the Company shall be liable for such rateable proportion of the loss or damage happening to the subject insured, as the amount insured by this Company shall bear to the whole amount insured thereon, without reference to the dates of the different Policies.
10.—All persons insured by this Company, and sustaining loss or damage by fire, are forthwith to give notice thereof to the Secretary, and within thirty days after said loss to deliver a particular account of such loss or damage, signed with their own hands and verified by their oath or affirmation—and also, if required, by their books of account and other proper vouchers. They shall also declare, under oath, whether any and what other insurance has been made on the property—what was the whole value of the property insured—and when and how the fire originated, so far as they may know or have reason to believe—and what their interest in the property insured was at the time of the loss or damage sustained. They shall also procure a certificate under the hands of a magistrate, notary public or clergyman, (most continguous to the place of the fire, and not concerned in the loss or related to the insured or sufferers,) that he is acquainted with the character and circumstances of the person or persons insured; and knows or verily believes that he, she or they really and by misfortune, and without fraud or evil practice, hath or has sustained by such fire, loss and damage to the amount therein mentioned; and until such proofs, declarations, and certificates are procured, the loss shall not be deemed payable; and shall state whether, since the time of effecting such insurance, the risk has been increased by any means whatsoever. And any misrepresentation or concealment, or fraud, or false swearing by the insured, in any statement or affidavit in relation to said loss or damage, shall forfeit all claim by virtue of the Policy, and shall be a full bar to all remedies upon the same.
11.—In case of fire, or loss, or damage, or exposure to loss or damage merely, it shall be the duty of the insured to use their best endeavors for saving and preserving the property.
12.—This Company will be liable for fire by lightning, but not for any loss or damage by fire happening by means of any invasions, insurrections, riot or civil commotion, or of any military or usurped power.
13.—Jewels, plate, medals, paintings, statuary, sculptures, curiosities and musical instruments are not deemed to be included in any insurance, unless an inventory thereof accompany the application for insurance, or is inserted in the Policy.
14.—Payment of losses is to be made within three months after the loss shall have been ascertained and proved, and the statement made as above contained.
15.—All communications to the Company or its Officers to be postage paid.
16.—Any member who shall, for the space of sixty days after being duly notified by the Secretary of any assessment made upon his Premium Note for the purpose of meeting losses, neglect or refuse to pay such assessment, shall forfeit his Policy, and the same may be cancelled by the Executive Committee.