during the time of such incumbrance this company shall be liable only for loss or damage to any other property insured hereunder.

This entire policy shall be void, unless otherwise provided by agreement in writing added hereto.

Ownership, etc.-If the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple; or if, with the knowledge of the insured, foreclosure proceedings be commenced or notice given of sale of any property insured hereunder; or if any change, other than by the death of any insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard); or if this policy be assigned before a loss.

Unless otherwise provided by agreement in writing added hereto this company shall not be liable for loss or damage occurring.

Other Insurance.—(a) While the insured shall have any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy; or

Increase of Hazard.-(b) While the hazard is increased by any means within the control or knowledge of the insured; or

+

Repairs, etc.-(c) While mechanics are employed in building, altering or repairing the described premises beyond a period of fifteen days; or Explosives, Gas, etc.—(d) While illuminating gas or vapor is generated on the described premises; or while (any usage or custom to the contrary notwithstanding) there is kept, used or allowed on the described premises fireworks, greek fire, phosphorus, explosive, benzine, gasoline, naptha or any other product of petroleum of greater inflammability than kerosene oil, gunpowder exceeding 25 pounds, or kerosene oil exceeding five barrels; or

Factories.--(e) If the subject of insurance be a manufacturing establishment while operated in whole or in part between the hours of 10 p. m. and 5 a. m., or while it ceases to be operated beyond a period of ten days; or Unoccupancy.- (f) While a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of ten days; or

Excepted Property.—(g) To bullion, manuscripts, mechanical drawings, dies or patterns; or

Explosion, Lightning.—(h) By explosion or lightning, unless fire ensue, and, in the event, for loss or damage by fire only.

Hazards Not Covered.-This company shall not be liable for loss or damage caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority; or by theft; or by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire or when the property is endangered by fire in neighboring premises.

Fall of Building.—If a building, or any material part thereof, fall, except as the result of fire, all insurance by this policy on such building or its contents shall immediately cease.

Added Clauses.-The extent of the application of insurance under this policy and of the contribution to be made by this company in case of loss or damage and any other agreement not inconsistent with or a waiver of any of the conditions or provisions of this policy may be provided for by rider added hereto.

Waiver.-No one shall have power to waive any provisions or condition of this policy, except such as by the terms of this policy may be the subject of agreement added hereto, nor shall any such provision or condition be held to be waived unless such waiver shall be in writing added hereto, nor shall any provision or condition of this policy or any forfeiture be held to be waived by any requirement, act or proceeding on the part of this company relating to appraisal or to any examination herein provided for; nor shall any privilege or permission affecting the insurance hereunder exist or be claimed by the insured unless granted herein or by rider added hereto.

Cancellation of Policy.-This policy shall be cancelled at any time at the request of the insured, in which case the company shall, upon demand and surrender of this policy, refund the excess of paid premium above the customary short rates for the expired time. This policy may be can

celled at any time by the company by giving to the insured a five days' written notice of cancellation with or without tender of the excess of paid premium above the pro rata premium for the expired time, which excess, if not tendered, shall be refunded on demand. Notice of cancellation shall state that said excess premium (if not tendered) will be refunded on demand.

Pro Rata Liability.-This company shall not be liable for a greater proportion of any loss or damage or of loss by and expense of removal from premises endangered by fire than the amount hereby insured shall bear to the whole insurance covering the property, whether valid or not and whether collectible or not.

Noon.-The word "noon" herein means noon of standard time at the place of loss or damage.

Mortgage Interests.-If loss or damage is made payable, in whole or in part, to a mortgagee, this policy may be cancelled as to such interest by giving to the mortgagee a ten days' written notice of cancellation. Upon failure of the insured to render proof of loss such mortgagee shall, as if named as insured hereunder, but within sixty days after such failure, render proof of loss and be subject to the provisions hereof as to appraisal and time of payment. On payment to a mortgagee of any sum for loss or damage hereunder, if this company shall claim that as to the mortgagor or owner, no liability existed, it shall, to the extent of such payment, be subrogated to the mortgagee's right of recovery and claim upon the collateral to the mortgage debt, but without impairing the mortgagee's right to sue; or it may pay the mortgage debt and require an assignment thereof and of the mortgage. Except as stated in this paragraph, the agreement between a mortgagee and this company shall be only as stated by rider added hereto.

Requirements in Case of Loss.-The insured shall give immediate notice, in writing, to this company, of any loss or damage, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, furnish a complete inventory of the destroyed, damaged and undamaged property, stating the quantity and cost of each article and the amount claimed thereon; and, the insured shall, within sixty days after the fire, unless such time is extended in writing by this company, render to this company a proof of loss, signed and sworn to by the insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property; the cash value of each item thereof and the amount of loss or damage thereto; all incumbrances thereon; all other contracts of insurance, whether valid or not, covering any of said property; and a copy of all the descriptions and schedules in all policies; any changes in the title, use, occupation, location, possession, or exposure of said property since the issuing of this policy; and by whom and for what purpose any building herein described and the several parts thereof were occupied at the time of fire; and shall furnish, if required, verified plans and specifications of any building, fixtures or machinery destroyed or damaged. The insured, as often as may be reasonably required, shall exhibit to any person designated by this company all that remains of any property herein described, and submit to examinations under oath by any person named by this company, and subscribe the same; and, so often as may be reasonably required, shall produce for examination all books of account, bills, invoices, and other vouchers, or certified copies thereof, if originals be lost, at such reasonable time and place as may be designated by this company or its representative, and shall permit extracts and copies thereof to be made.

Appraisal.-In case the insured and this company shall fail to agree as to the amount of loss or damage, each shall, on the written demand of either, select a competent and disinterested appraiser. The appraiser shall first select a competent and disinterested umpire; and failing for fifteen days to agree upon such umpire, then, on request of either appraiser, such umpire shall be selected by the State official having supervision of insurance in the state in which this policy is issued. The appraiser shall then appraise the loss and damage, stating separately sound value and loss or damage to each item; and failing to agree, shall submit their differences only, to the umpire. An award in writing, so itemized, of any two when filed with this

company, shall determine the amount of sound value and loss or damage. Each appraiser shall be paid by the party selecting him and the expenses of appraisal and umpire shall be paid by the parties equally.

Company's Options.-It shall be optional with this company to take all, or any part, of the articles at the agreed or 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, on giving notice of its intention so to do within thirty days after the receipt of the proof of loss herein required; but

Abandonment.-There can be no abandonment to this company of any

property.

When Loss Payable.-The amount of loss or damage for which this company may be liable shall be payable sixty days after proof of loss, as herein provided, is received by this company and ascertainment of the loss or damage is made either by agreement between the insured and this company expressed in writing or by the filing with this company of an award as herein provided.

Suit. No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity unless the insured shall have complied with all the requirements of this policy, nor unless commenced within twelve months next after the fire.

Subrogation.-This company may require from the insured an assignment of all right of recovery against any party for loss or damage to the extent that payment therefor is made by this company.

"EXHIBIT 2.”

KANSAS STATE INSURANCE RATING Law.

An Act relating to fire insurance, and to provide for the regulation and control of rates of premium thereon, and to prevent discriminations therein. Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That every fire insurance company shall file with the superintendent of insurance general basis schedules showing the rates on all classes of risks insurable by such fire insurance company in this state, and all charters, credits, terms, privileges and conditons which in any wise affect such aforesaid rates or the value of the insurance issued to assured.

SEC. 2. No change shall be made in the schedules which have been filed in compliance with the requirements of this Act, except after ten days' notice to the superintendent of insurance, which notice shall plainly state the changes proposed to be made in the schedules then in force and the time when such changes will go into effect; and such changes shall be shown by filing new schedules or shall be plainly indicated on the schedules in force at the time: Provided, that the superintendent of insurance may, in his discretion and for good cause shown, allow changes upon less than the notice specified herein, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions.

SEC. 3. When the superintendent of insurance shall determine that any rate made by an insurance company in this State is excesive or unreasonably high, or that said rate is not adequate to the safety or soundness of the company granting the same, he is authorized to direct said company to publish and file a higher or a lower rate, which shall be commensurate with the character of the risk, but in every case the rate shall be reasonable.

SEC. 4. That no fire insurance company shall engage or participate in the insurance of any property located in this State unless the schedule of rates under which such property is insured has been filed in accordance with the provisions of this Act; nor shall any fire insurance company write any insurance at a rate different than the rate named in its schedules, or refund or remit in any manner or by any device any portion of the rates so established, or extend to any insured or other person any privileges, advantage, favor, inducement or concession, except as is specified in such schedule. SEC. 5. Any fire insurance company entering into any contract of insurance on property located within this State for which no rate has been filed by such company as provided in section 1 of this Act, shall within thirty days after entering into such contract file with the superintendent of insur

ance, in such form as may be required by him, a schedule of such property showing the rate thereon and such information as may be required by such superintendent of insurance. Such schedule shall conform to the general basis schedules as provided in section 1 of this Act, and when filed shall constitute the premium rate of such company for the described property.

SEC. 6. That all schedules and local tariffs filed in accordance with the provisions of this Act shall be open to the inspection of the public, and such local agent shall have and exhibit to the public copies thereof, relative to all risks upon which he is authorized to write insurance.

SEC. 7. That no fire insurance company shall directly or indirectly, by any special rate, tariff, rebate, drawback or other device, charge, demand, collect or receive from any person or persons a greater or less or different compensation for the insurance of any property located in this State than it charges, demands, collects or receives from any other person or persons for like insurance or risks of a like kind and hazard under similar circumstances and conditions in this State; and any fire insurance company violating any of the provisions of this section shall be deemed guilty of unjust discriminations, which is hereby declared to be unlawful.

SEC. 8. That the Superintendent of Insurance, if he shall find that any insurance company, or any officer, agent or representative thereof, has violated any provisions of this Act, may in his discretion revoke the license of such offending company, officer or agent; but the revocation of any license as provided in this section shall in no manner affect the liability of such company, officer, agent or representative to the infliction of any other penalty, hereinafter provided by any other section for violation of this act; and provided, that any action, decision or determination of the Superintendent of Insurance under the provisions of this Act shall be subject to review by the courts of this State as herein provided.

SEC. 9. The Superintendent of Insurance shall not make any regulation or order without giving the insurance company concerned reasonable notice thereof, and an opportunity to appear and be heard in respect to the same, and if any insurance company, or any other person, city or municipality which shall be interested in said order shall be dissatisfied with any regulation, order or rate adopted by said Superintendent of Insurance, said party or parties shall have the right within thirty days after the making of said regulation or order to bring an action against said Superintendent of Insurance in any district court of the State of Kansas to have such regulation or order vacated, and shall set forth in the petition the particular regulation or order complained of and the particular cause or causes of objection to any or all of them, and a summons shall be served upon the Superintendent of Insurance by delivering a copy thereof to his office at the State Capitol, and such service may be had by the clerk delivering a certified copy of said summons by mail to the said Superintendent of Insurance at his office. Issues shall be formed and the controversy tried and determined as in other cases of a civil nature; and the court may set aside, vacate or annul one or more or any part of any of the regulations or orders adopted or fixed by the said Superintendent of Insurance, which shall be by said court found to be unreasonable, unjust, excesive or inadequate to compensate the company writing insurance thereon for the risk assumed by it without disturbing others. No injunction, interlocutory order or decree suspending or restraining the enforcement of an order of the Superintendent of Insurance shall be granted, provided, that the court may permit any company complaining under this Act to write insurance at any rates which obtained prior to the ordering of the rate complained of, by the Superintendent of Insurance, upon condition that the difference between the rate complained of by the company and the rate at which it seeks to write insurance may be deposited with the Superintendent of Insurance, and on the final determination of the suit shall be paid by him to the insurance company, if the court shall find it entitled to the same, or to the holders of policies written by said company after the rate complained of was ordered by the Superintendent of Insurance, as the court may deem just and equitable. Whenever any action shall be brought by any insurance company under the provisions of this section within said period of thirty days, no penalties or forfeiture shall attach or accrue on account of the failure of the plaintiff to comply with the order sought to be vacated or modified in said action until the final determination of sald

suit. Either party to said cause, if dissatisfied with the judgment or decree of said court, may institute proceedings in error in the supreme court as in other civil cases, and said court shall examine the record, including the evidence, and render such judgment as shall be just and equitable in the premises. No action shall be brought in any of the courts of the United States to set aside any order made by the Superintendent of Insurance under the provisions of this Act before all of the remedies provided for herein shall have been exhausted by the party complaining. And if any company organized under the laws of this State, or authorized to transact the business of insurance in this State by the Superintendent of Insurance, shall violate this section, the Superintendent of Insurance may cancel the authority of said insurance company to transact business in this State.

SEC. 10. That any fire insurance company or any director or officer thereof, or any agent or person acting for or employed by such company, who alone or with any other corporation, company or person, shall wilfully do or cause to be done, or shall wilfully suffer or permit to be done any act, matter or thing in this Act prohibited or declared to be unlawful, or who shall wilfully omit or fail to do any act, matter or thing in this Act required to be done, or shall cause or wilfully suffer or permit any act, matter or thing so directed by this Act to be done, not to be done, or shall be guilty of any infraction of this Act, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine not to exceed $100 for each offense: Provided, that if the offense for which any person shall be convicted, as aforesaid, shall be an unlawful discrimination, such person shall be punished by a fine not exceeding $100, or by imprisonment in the county jail for a term not exceeding ninety days, or by both such fine and imprisonment.

SEC. 11. No person shall be excused from giving testimony or producing evidence, when legally called upon so to do at the trial of any other person charged with violation of any of the provisions of this Act, on the ground that it may tend to incriminate him under the laws of this State; but no person shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, under the authority of this Act, except for perjury committed in so testifying: Provided, that nothing in this Act shall affect farmers' mutual insurance companies organized and doing business under the laws of this State and insuring only farm property.

SEC. 12. This Act shall take effect and be in force from and after its publication in the statute book.

APPROVED MARCH 5, 1909.

"EXHIBIT 3.”

STATE FIRE INSURANCE COMMISSION LAW OF THE STATE OF TEXAS.

(Effective July 1, 1913.)

An Act to repeal Chapter 8 of the General Laws of the Fourth Called Session of the Thirty-first Legislature of the State of Texas, approved September 6, 1910, known as the State Insurance Board Law, and to provide conditions upon which fire insurance companies may hereafter transact business in the State of Texas, and to create the State Fire Insurance Commission, and to prescribe its duties and authority, and the duties and authority of each member thereof, and to fix the salaries of the members, and to provide for their appointment and removal, and to provide that hereafter the rate of premiums to be charged by fire insurance companies in this State shall be fixed and determined and promulgated exclusively by said State Fire Insurance Commission, and to prohibit any such fire insurance company from collecting or receiving any premiums on account of policies of fire insurance issued by them, unless the rates of such premiums have been so fixed and determined and promulgated by said State Fire Insurance Commission; to provide certain conditions and limitations on fire insurance contracts or policies, and providing penalties for violations of provisions of this Act, and appropriating money necessary to carry out its provisions and declaring an emergency.