§ 38.2-2105 — Standard provisions, conditions, stipulations and agreements for such policies

Virginia § 38.2-2105

• Jurisdiction: Virginia
• Title 38.2: INSURANCE
• Ch. 21: FIRE INSURANCE POLICIES

Text

A. Except as provided in § 38.2-2107, each policy shall contain the following provisions, conditions, stipulations, and agreements:a1Concealment,This entire policy shall be void, if whetherb2fraud.before or after a loss, the insured has wil-c3
fully concealed or misrepresented any ma-d4terial fact or circumstance concerning this insurance or thee5subject thereof, or the interest of the insured therein, or in casef6of any fraud or false swearing by the insured relating thereto.g7UninsurableThis policy shall not cover accounts, bills,h8andcurrency, deeds, evidences of debt, money ori9excepted property.securities; nor, unless specifically namedj10
hereon in writing, bullion or manuscripts.k11Perils notThis Company shall not be liable for loss byl12included.fire or other perils insured against in thism13 policy caused, directly or indirectly, by: (a)n14enemy attack by armed forces, including action taken by mili-o15tary, naval or air forces in resisting in actual or immediatelyp16impending enemy attack; (b) invasion; (c) insurrection; (d)q17rebellion; (e) revolution; (f) civil war; (g) usurped power;r18(h) order of any civil authority except acts of destruction at the times19of and for the purpose of preventing the spread of fire, providedt20that such fire did not originate from any of the perils excludedu21by this policy; (i) neglect of the insured to use all reasonablev22means to save and preserve the property at and after a loss, orw23when the property is endangered by fire in neighboring prem-x24ises; (j) nor shall this Company be liable for loss by theft.y25Other Insurance.Other insurance may be prohibited or thez26 amount of insurance may be limited by en-aa27 dorsement attached hereto.ab28Conditions suspending or restricting insurance. Unless other-ac29wise provided in writing added hereto this Company shall notad30be liable for loss occurringae31(a) While the hazard is increased by any means within theaf32control or knowledge of the insured; orag33(b) while a described building, whether intended for occupancyah34by owner or tenant, is vacant or unoccupied beyond a period ofai35sixty consecutive days; oraj36(c) as a result of explosion or riot, unless fire ensue, and inak37that event for loss by fire only.al38Other perilsAny other peril to be insured against or sub-am39or subjects.ject of insurance to be covered in this policyan40 shall be by endorsement by writing hereon orao41added hereto.ap42Added provisions.The extent of the application of insuranceaq43 under this policy and of the contribution toar44be made by this Company in case of loss, and any other pro- as45vision or agreement not inconsistent with the provisions of thisat46policy, may be provided for in writing added hereto, but no pro-au47vision may be waived except such as by the terms of this policyav48is subject to change.aw49WaiverNo permission affecting this insurance shallax50provisions.exist, or waiver of any provision be valid,ay51 unless granted herein or expressed in writingaz52added hereto. No provision, stipulation or forfeiture shall beba53held to be waived by any requirement or proceeding on the partbb54of this Company relating to appraisal or to any examinationbc55provided for herein.bd56CancellationThis policy shall be cancelled at any timebe57of policy.at the request of insured, in which casebf58 this Company shall, upon demand and sur-bg59render of this policy, refund the excess of paid premium abovebh60the customary short rates for the expired time. This pol-bi61icy may be cancelled at any time by this Company by givingbj62to the insured a five days' written notice of cancellation withbk63or without tender of the excess of paid premium above the probl64rata premium for the expired time, which excess, if not ten-bm65dered, shall be refunded on demand. Notice of cancellation shallbn66state that said excess premium (if not tendered) will bebo67refunded on demand.bp68MortgageeIf loss hereunder is made payable in wholebq69interests andor in part, to a designated mortgagee notbr70obligations.named herein as the insured, such interest inbs71 this policy may be cancelled by giving to suchbt72 mortgagee a ten days' written notice of can-bu73cellation.bv74If the insured fails to render proof of loss such mortgagee, uponbw75notice, shall render proof of loss in the form herein specifiedbx76within sixty (60) days thereafter and shall be subject to the pro-by77visions hereof relating to appraisal and time of payment and ofbz78bringing suit. If this Company shall claim that no liability ex-ca79isted as to the mortgagor or owner, it shall, to the extent of pay- cb80ment of loss to the mortgagee, be subrogated to all mort-cc81gagee's rights of recovery, but without impairing mortgagee'scd82right to sue; or it may pay off the mortgage debt and requirece83an assignment thereof and of the mortgage. Other provisionscf84relating to the interest and obligations of such mortgagee maycg85be added hereto by agreement in writing.ch86 Pro rata liability.This Company shall not be liable for a greaterci87 proportion of any loss than the amountcj88hereby insured shall bear to the whole insurance covering theck89property against the peril involved, whether collectible or not.cl90Requirements inThe insured shall give immediate writtencm91case loss occurs. notice to this Company of any loss, protectcn92 the property from further damage, forthwithco93separate the damaged and undamaged personal property, putcp94it in the best possible order, and furnish a complete inventorycq95of the destroyed or damaged property setting forth for each item,cr96or by category if itemization is not reasonably practicable,cs97the amount of loss claimed. The Company may, in addition,ct98require the insured to furnish a complete inventory ofcu99the destroyed, damaged and undamaged property, showing incv100detail quantities, costs, actual cash value and amount of losscw101claimed; and within sixty days after the loss, unless such timecx102is extended in writing by this Company, the insured shall rendercy103to this Company a proof of loss, signed and sworn to by thecz104insured, stating the knowledge and belief of the insured as toda105the following: the time and origin of the loss, the interest of thedb106insured and of all others in the property, the actual cash value ofdc107each item thereof and the amount of loss thereto, all encum-dd108brances thereon, all other contracts of insurance, whether validde109or not, covering any of said property, any changes in the title,df110use, occupation, location, possession or exposures of said prop-dg111erty since the issuing of this policy, by whom and for whatdh112purpose any building herein described and the several partsdi113thereof were occupied at the time of loss and whether or not itdj114then stood on leased ground, and shall furnish a copy of all thedk115descriptions and schedules in all policies and, if required, verifieddl116plans and specifications of any building, fixtures or machinerydm117destroyed or damaged. The insured, as often as may be reason-dn118ably required, shall exhibit to any person designated by thisdo119Company all that remains of any property herein described, anddp120submit to examinations under oath by any person named by thisdq121Company, and subscribe the same; and, as often as may bedr122reasonably required, shall produce for examination all books ofds123account, bills, invoices and other vouchers, or certified copiesdt124thereof if originals be lost, at such reasonable time and place asdu125may be designated by this Company or its representative, anddv126shall permit extracts and copies thereof to be made.dw127Appraisal.In case the insured and this Company shalldx128 fail to agree as to the actual cash value ordy129the amount of loss, then, on the written demand of either, eachdz130shall select a competent and disinterested appraiser and notifyea131the other of the appraiser selected within twenty days of sucheb132demand. The appraisers shall first select a competent and dis-ec133interested umpire; and failing for fifteen days to agree uponed134such umpire, then, on request of the insured or this Company,ee135such umpire shall be selected by a judge of a court of record inef136the state in which the property covered is located. The ap-eg137praisers shall then appraise the loss, stating separately actualeh138cash value and loss to each item; and, failing to agree, shallei139submit their differences, only, to the umpire. An award in writ-ej140ing, so itemized, of any two when filed with this Company shallek141determine the amount of actual cash value and loss. Eachel142appraiser shall be paid by the party selecting him and the ex-em143penses of appraisal and umpire shall be paid by the partiesen144equally; provided, however, if the written demand is made by thiseo145Company, then the insured shall be reimbursed by this Company forep146the reasonable cost of the insured's appraiser and the insured'seq147portion of the cost of the umpire.er148Company'sIt shall be optional with this Company toes149options.take all, or any part, of the property at theet150 agreed or appraised value, and also to re-eu151pair, rebuild or replace the property destroyed or damaged withev152other of like kind and quality within a reasonable time, on giv-ew153ing notice of its intention so to do within thirty days after theex154receipt of the proof of loss herein required.ey155Abandonment.There can be no abandonment to this Com-ez156 pany of any property.fa157When lossThe amount of loss for which this Companyfb158payable.may be liable shall be payable sixty daysfc159 after proof of loss, as herein provided, isfd160received by this Company and ascertainment of the loss is madefe161either by agreement between the insured and this Company ex-ff162pressed in writing or by the filing with this Company of anfg163award as herein provided.fh164Suit.No suit or action on this policy for the recov-fi165 ery of any claim shall be sustainable in anyfj166court of law or equity unless all the requirements of this policyfk167shall have been complied with, and unless commenced withinfl168two years next after inception of the loss.fm169Subrogation.This Company may require from the insuredfn170 an assignment of all right of recovery againstfo171any party for loss to the extent that payment therefor is madefp172by this Company.B. No change shall be made in the sequence of the words and paragraphs of the standard provisions, conditions, stipulations and agreements prescribed by this section, or in the arrangement of the words into lines. The numbers given the lines in the standard form and the catch words placed at the beginning of the paragraphs shall be retained.

Legislative History

Code 1950, § 38-186; 1950, p. 994; 1952, c. 317, § 38.1-366; 1972, c. 115; 1979, c. 458; 1986, c. 562.