§ 26.1-39-06 — Standard fire insurance policy

No fire insurance contract or policy, including a renewal, may be made, issued, used, or
delivered by any insurer or by any insurance producer or representative of the insurer on
property in this state other than such as conform in all particulars as to blanks, size of type,
context, provisions, agreements, and conditions with the 1943 standard fire insurance policy of
the state of New York, a copy of which must be filed in the office of the commissioner as the
standard policy for this state. The cancellation provisions contained in the standard policy are
superseded to the extent sections 26.1-39-10 through 26.1-39-21 are inconsistent with the
provisions. No other or different provision, agreement, condition, or clause may be made a part
of the contract or policy or be endorsed on the contract or policy or delivered with the contract or
policy, except as follows:
1. The name of the insurer, its location and place of business, the date of its
incorporation or organization, and the state or county under which the insurer is
organized, the amount of paid-up capital stock, whether it is a stock or mutual
company, the names of its officers, the number and the date of the policy, and
appropriate company emblems may be printed on policies issued on property in this
state; provided, however, that any insurer organized under special charter provisions
may so indicate upon its policy and may add a statement of the plan under which it
operates in this state.
2. Printed or written forms of description and specifications or schedules of the property
covered by any particular policy and any other matter necessary to express clearly all
the facts and conditions of insurance on any particular risk, which facts or conditions
may not be inconsistent with or a waiver of any of the provisions or conditions of the
standard policy, may be written upon or attached or appended to any policy issued on
property in this state. Appropriate forms of contracts, supplemental contracts, or
endorsements, by which the interest in the property described is insured against one
or more of the perils which the insurer is empowered to assume, may be used in
connection with the standard policy. The forms of contracts, supplemental contracts, or
endorsements attached or printed on the policy may contain provisions and
stipulations inconsistent with the standard policy if applicable only to the other perils.
The first page of the standard policy may be rearranged to provide space for the listing
of rates and premiums for coverages insured under the policy or under endorsements
attached or printed on the policy, and such other data as may be included for
duplication on daily reports for office records.
3. An insurer, if entitled to do business in this state, may with the approval of the
commissioner, if not already included in the standard form as filed with the
commissioner, print on its policies any provision which it is required by law to insert in
the policies if the provision is not in conflict with the laws of this state or the United
States, or of the provisions of the standard policy, but the provision must be printed
apart from the other provisions, agreements, or conditions of the policy and in type not
smaller than the body of the policy and a separate title, as follows: "Provisions required
by law to be stated in this policy", and must be a part of the policy.
4. A commercial insurance policy providing coverage for fire insurance in accordance
with this section may exclude coverage for loss by fire insured against if the fire is
caused directly or indirectly by terrorism.
5. There may be endorsed in writing on the outside of any policy the name, with the word
"Producer or Producers" and place of business, of any insurance producer or

producers. There may also be added, with the approval of the commissioner, a
statement of the group of companies with which the insurer is financially affiliated.
6. When two or more insurers, each having previously complied with the laws of this
state, unite to issue a joint policy, there may be expressed in the head line of each
policy the fact of the severalty of the contract; also the proportion of premiums to be
paid to each insurer and the proportion of liability which each insurer agrees to
assume. And in the printed conditions of the policy the necessary change may be
made from the singular to plural number, when reference is had to the insurers issuing
such policy.
7. With the approval of the commissioner, a combined farm policy may be used, the fire
portion of which must be substantially in accord with the standard policy.
8. The standard policy is an interest policy and must be so construed as to at all times
protect the interest, whatever it may be, of any named insured. Provided, however,
that a five-day grace period is allowed after the execution of any written instrument
transferring interest in insured property during which full protection must be granted
under the terms of the policy.
9. In case of other coverage on the same peril, the liability of each insurer may not be for
any greater amount or proportion of the loss than the ratio such insurance bears to the
valid and collectible whole insurance covering the property against the peril involved.
10. No contract or policy issued under this section may contain a limitation of less than
three years for the bringing of any suit or action under the contract or policy.
11. This section does not apply to inland marine, ocean marine, or automobile insurance.