Code of Virginia

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Code of Virginia
Title 38.2. Insurance
Chapter 21. Fire Insurance Policies
7/17/2019

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

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 whether
b2fraud.before or after a loss, the insured has wil-
c3
fully concealed or misrepresented any ma-
d4terial fact or circumstance concerning this insurance or the
e5subject thereof, or the interest of the insured therein, or in case
f6of any fraud or false swearing by the insured relating thereto.
g7UninsurableThis policy shall not cover accounts, bills,
h8andcurrency, deeds, evidences of debt, money or
i9excepted property.securities; nor, unless specifically named
j10
hereon in writing, bullion or manuscripts.
k11Perils notThis Company shall not be liable for loss by
l12included.fire or other perils insured against in this
m13

 

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 immediately
p16impending 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 time
s19of and for the purpose of preventing the spread of fire, provided
t20that such fire did not originate from any of the perils excluded
u21by this policy; (i) neglect of the insured to use all reasonable
v22means to save and preserve the property at and after a loss, or
w23when 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 the
z26

 

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 not
ad30be liable for loss occurring
ae31(a) While the hazard is increased by any means within the
af32control or knowledge of the insured; or
ag33(b) while a described building, whether intended for occupancy
ah34by owner or tenant, is vacant or unoccupied beyond a period of
ai35sixty consecutive days; or
aj36(c) as a result of explosion or riot, unless fire ensue, and in
ak37that 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 policy
an40

 

shall be by endorsement by writing hereon or
ao41added hereto.
ap42Added provisions.The extent of the application of insurance
aq43

 

under this policy and of the contribution to
ar44be made by this Company in case of loss, and any other pro-
as45vision or agreement not inconsistent with the provisions of this
at46policy, may be provided for in writing added hereto, but no pro-
au47vision may be waived except such as by the terms of this policy
av48is subject to change.
aw49WaiverNo permission affecting this insurance shall
ax50provisions.exist, or waiver of any provision be valid,
ay51

 

unless granted herein or expressed in writing
az52added hereto. No provision, stipulation or forfeiture shall be
ba53held to be waived by any requirement or proceeding on the part
bb54of this Company relating to appraisal or to any examination
bc55provided for herein.
bd56CancellationThis policy shall be cancelled at any time
be57of policy.at the request of insured, in which case
bf58

 

this Company shall, upon demand and sur-
bg59render of this policy, refund the excess of paid premium above
bh60the customary short rates for the expired time. This pol-
bi61icy may be cancelled at any time by this Company by giving
bj62to the insured a five days' written notice of cancellation with
bk63or without tender of the excess of paid premium above the pro
bl64rata premium for the expired time, which excess, if not ten-
bm65dered, shall be refunded on demand. Notice of cancellation shall
bn66state that said excess premium (if not tendered) will be
bo67refunded on demand.
bp68MortgageeIf loss hereunder is made payable in whole
bq69interests andor in part, to a designated mortgagee not
br70obligations.named herein as the insured, such interest in
bs71

 

this policy may be cancelled by giving to such
bt72

 

mortgagee a ten days' written notice of can-
bu73cellation.
bv74If the insured fails to render proof of loss such mortgagee, upon
bw75notice, shall render proof of loss in the form herein specified
bx76within sixty (60) days thereafter and shall be subject to the pro-
by77visions hereof relating to appraisal and time of payment and of
bz78bringing 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's
cd82right to sue; or it may pay off the mortgage debt and require
ce83an assignment thereof and of the mortgage. Other provisions
cf84relating to the interest and obligations of such mortgagee may
cg85be added hereto by agreement in writing.
ch86 Pro rata liability.This Company shall not be liable for a greater
ci87

 

proportion of any loss than the amount
cj88hereby insured shall bear to the whole insurance covering the
ck89property against the peril involved, whether collectible or not.
cl90Requirements inThe insured shall give immediate written
cm91case loss occurs. notice to this Company of any loss, protect
cn92

 

the property from further damage, forthwith
co93separate the damaged and undamaged personal property, put
cp94it in the best possible order, and furnish a complete inventory
cq95of 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 of
cu99the destroyed, damaged and undamaged property, showing in
cv100detail quantities, costs, actual cash value and amount of loss
cw101claimed; and within sixty days after the loss, unless such time
cx102is extended in writing by this Company, the insured shall render
cy103to this Company a proof of loss, signed and sworn to by the
cz104insured, stating the knowledge and belief of the insured as to
da105the following: the time and origin of the loss, the interest of the
db106insured and of all others in the property, the actual cash value of
dc107each item thereof and the amount of loss thereto, all encum-
dd108brances thereon, all other contracts of insurance, whether valid
de109or 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 what
dh112purpose any building herein described and the several parts
di113thereof were occupied at the time of loss and whether or not it
dj114then stood on leased ground, and shall furnish a copy of all the
dk115descriptions and schedules in all policies and, if required, verified
dl116plans and specifications of any building, fixtures or machinery
dm117destroyed or damaged. The insured, as often as may be reason-
dn118ably required, shall exhibit to any person designated by this
do119Company all that remains of any property herein described, and
dp120submit to examinations under oath by any person named by this
dq121Company, and subscribe the same; and, as often as may be
dr122reasonably required, shall produce for examination all books of
ds123account, bills, invoices and other vouchers, or certified copies
dt124thereof if originals be lost, at such reasonable time and place as
du125may be designated by this Company or its representative, and
dv126shall permit extracts and copies thereof to be made.
dw127Appraisal.In case the insured and this Company shall
dx128

 

fail to agree as to the actual cash value or
dy129the amount of loss, then, on the written demand of either, each
dz130shall select a competent and disinterested appraiser and notify
ea131the other of the appraiser selected within twenty days of such
eb132demand. The appraisers shall first select a competent and dis-
ec133interested umpire; and failing for fifteen days to agree upon
ed134such umpire, then, on request of the insured or this Company,
ee135such umpire shall be selected by a judge of a court of record in
ef136the state in which the property covered is located. The ap-
eg137praisers shall then appraise the loss, stating separately actual
eh138cash value and loss to each item; and, failing to agree, shall
ei139submit their differences, only, to the umpire. An award in writ-
ej140ing, so itemized, of any two when filed with this Company shall
ek141determine the amount of actual cash value and loss. Each
el142appraiser shall be paid by the party selecting him and the ex-
em143penses of appraisal and umpire shall be paid by the parties
en144equally; provided, however, if the written demand is made by this
eo145Company, then the insured shall be reimbursed by this Company for
ep146the reasonable cost of the insured's appraiser and the insured's
eq147portion of the cost of the umpire.
er148Company'sIt shall be optional with this Company to
es149options.take all, or any part, of the property at the
et150

 

agreed or appraised value, and also to re-
eu151pair, rebuild or replace the property destroyed or damaged with
ev152other of like kind and quality within a reasonable time, on giv-
ew153ing notice of its intention so to do within thirty days after the
ex154receipt 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 Company
fb158payable.may be liable shall be payable sixty days
fc159

 

after proof of loss, as herein provided, is
fd160received by this Company and ascertainment of the loss is made
fe161either by agreement between the insured and this Company ex-
ff162pressed in writing or by the filing with this Company of an
fg163award as herein provided.
fh164Suit.No suit or action on this policy for the recov-
fi165

 

ery of any claim shall be sustainable in any
fj166court of law or equity unless all the requirements of this policy
fk167shall have been complied with, and unless commenced within
fl168two years next after inception of the loss.
fm169Subrogation.This Company may require from the insured
fn170

 

an assignment of all right of recovery against
fo171any party for loss to the extent that payment therefor is made
fp172by 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.

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

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.