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

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Code of Virginia
Title 38.2. Insurance
Chapter 21. Fire Insurance Policies

10/7/2024

§ 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:

a	1	Concealment,	This entire policy shall be void, if whether
b	2	fraud.	before or after a loss, the insured has wil-
c	3		fully concealed or misrepresented any ma-
d	4	terial fact or circumstance concerning this insurance or the
e	5	subject thereof, or the interest of the insured therein, or in case
f	6	of any fraud or false swearing by the insured relating thereto.
g	7	Uninsurable	This policy shall not cover accounts, bills,
h	8	and	currency, deeds, evidences of debt, money or
i	9	excepted property.	securities; nor, unless specifically named
j	10		hereon in writing, bullion or manuscripts.
k	11	Perils not	This Company shall not be liable for loss by
l	12	included.	fire or other perils insured against in this
m	13		policy caused, directly or indirectly, by: (a)
n	14	enemy attack by armed forces, including action taken by mili-
o	15	tary, naval or air forces in resisting in actual or immediately
p	16	impending enemy attack; (b) invasion; (c) insurrection; (d)
q	17	rebellion; (e) revolution; (f) civil war; (g) usurped power;
r	18	(h) order of any civil authority except acts of destruction at the time
s	19	of and for the purpose of preventing the spread of fire, provided
t	20	that such fire did not originate from any of the perils excluded
u	21	by this policy; (i) neglect of the insured to use all reasonable
v	22	means to save and preserve the property at and after a loss, or
w	23	when the property is endangered by fire in neighboring prem-
x	24	ises; (j) nor shall this Company be liable for loss by theft.
y	25	Other Insurance.	Other insurance may be prohibited or the
z	26		amount of insurance may be limited by en-
aa	27		dorsement attached hereto.
ab	28	Conditions suspending or restricting insurance. Unless other-
ac	29	wise provided in writing added hereto this Company shall not
ad	30	be liable for loss occurring
ae	31	(a) While the hazard is increased by any means within the
af	32	control or knowledge of the insured; or
ag	33	(b) while a described building, whether intended for occupancy
ah	34	by owner or tenant, is vacant or unoccupied beyond a period of
ai	35	sixty consecutive days; or
aj	36	(c) as a result of explosion or riot, unless fire ensue, and in
ak	37	that event for loss by fire only.
al	38	Other perils	Any other peril to be insured against or sub-
am	39	or subjects.	ject of insurance to be covered in this policy
an	40		shall be by endorsement by writing hereon or
ao	41	added hereto.
ap	42	Added provisions.	The extent of the application of insurance
aq	43		under this policy and of the contribution to
ar	44	be made by this Company in case of loss, and any other pro-
as	45	vision or agreement not inconsistent with the provisions of this
at	46	policy, may be provided for in writing added hereto, but no pro-
au	47	vision may be waived except such as by the terms of this policy
av	48	is subject to change.
aw	49	Waiver	No permission affecting this insurance shall
ax	50	provisions.	exist, or waiver of any provision be valid,
ay	51		unless granted herein or expressed in writing
az	52	added hereto. No provision, stipulation or forfeiture shall be
ba	53	held to be waived by any requirement or proceeding on the part
bb	54	of this Company relating to appraisal or to any examination
bc	55	provided for herein.
bd	56	Cancellation	This policy shall be cancelled at any time
be	57	of policy.	at the request of insured, in which case
bf	58		this Company shall, upon demand and sur-
bg	59	render of this policy, refund the excess of paid premium above
bh	60	the customary short rates for the expired time. This pol-
bi	61	icy may be cancelled at any time by this Company by giving
bj	62	to the insured a five days' written notice of cancellation with
bk	63	or without tender of the excess of paid premium above the pro
bl	64	rata premium for the expired time, which excess, if not ten-
bm	65	dered, shall be refunded on demand. Notice of cancellation shall
bn	66	state that said excess premium (if not tendered) will be
bo	67	refunded on demand.
bp	68	Mortgagee	If loss hereunder is made payable in whole
bq	69	interests and	or in part, to a designated mortgagee not
br	70	obligations.	named herein as the insured, such interest in
bs	71		this policy may be cancelled by giving to such
bt	72		mortgagee a ten days' written notice of can-
bu	73	cellation.
bv	74	If the insured fails to render proof of loss such mortgagee, upon
bw	75	notice, shall render proof of loss in the form herein specified
bx	76	within sixty (60) days thereafter and shall be subject to the pro-
by	77	visions hereof relating to appraisal and time of payment and of
bz	78	bringing suit. If this Company shall claim that no liability ex-
ca	79	isted as to the mortgagor or owner, it shall, to the extent of pay-
cb	80	ment of loss to the mortgagee, be subrogated to all mort-
cc	81	gagee's rights of recovery, but without impairing mortgagee's
cd	82	right to sue; or it may pay off the mortgage debt and require
ce	83	an assignment thereof and of the mortgage. Other provisions
cf	84	relating to the interest and obligations of such mortgagee may
cg	85	be added hereto by agreement in writing.
ch	86	Pro rata liability.	This Company shall not be liable for a greater
ci	87		proportion of any loss than the amount
cj	88	hereby insured shall bear to the whole insurance covering the
ck	89	property against the peril involved, whether collectible or not.
cl	90	Requirements in	The insured shall give immediate written
cm	91	case loss occurs.	notice to this Company of any loss, protect
cn	92		the property from further damage, forthwith
co	93	separate the damaged and undamaged personal property, put
cp	94	it in the best possible order, and furnish a complete inventory
cq	95	of the destroyed or damaged property setting forth for each item,
cr	96	or by category if itemization is not reasonably practicable,
cs	97	the amount of loss claimed. The Company may, in addition,
ct	98	require the insured to furnish a complete inventory of
cu	99	the destroyed, damaged and undamaged property, showing in
cv	100	detail quantities, costs, actual cash value and amount of loss
cw	101	claimed; and within sixty days after the loss, unless such time
cx	102	is extended in writing by this Company, the insured shall render
cy	103	to this Company a proof of loss, signed and sworn to by the
cz	104	insured, stating the knowledge and belief of the insured as to
da	105	the following: the time and origin of the loss, the interest of the
db	106	insured and of all others in the property, the actual cash value of
dc	107	each item thereof and the amount of loss thereto, all encum-
dd	108	brances thereon, all other contracts of insurance, whether valid
de	109	or not, covering any of said property, any changes in the title,
df	110	use, occupation, location, possession or exposures of said prop-
dg	111	erty since the issuing of this policy, by whom and for what
dh	112	purpose any building herein described and the several parts
di	113	thereof were occupied at the time of loss and whether or not it
dj	114	then stood on leased ground, and shall furnish a copy of all the
dk	115	descriptions and schedules in all policies and, if required, verified
dl	116	plans and specifications of any building, fixtures or machinery
dm	117	destroyed or damaged. The insured, as often as may be reason-
dn	118	ably required, shall exhibit to any person designated by this
do	119	Company all that remains of any property herein described, and
dp	120	submit to examinations under oath by any person named by this
dq	121	Company, and subscribe the same; and, as often as may be
dr	122	reasonably required, shall produce for examination all books of
ds	123	account, bills, invoices and other vouchers, or certified copies
dt	124	thereof if originals be lost, at such reasonable time and place as
du	125	may be designated by this Company or its representative, and
dv	126	shall permit extracts and copies thereof to be made.
dw	127	Appraisal.	In case the insured and this Company shall
dx	128		fail to agree as to the actual cash value or
dy	129	the amount of loss, then, on the written demand of either, each
dz	130	shall select a competent and disinterested appraiser and notify
ea	131	the other of the appraiser selected within twenty days of such
eb	132	demand. The appraisers shall first select a competent and dis-
ec	133	interested umpire; and failing for fifteen days to agree upon
ed	134	such umpire, then, on request of the insured or this Company,
ee	135	such umpire shall be selected by a judge of a court of record in
ef	136	the state in which the property covered is located. The ap-
eg	137	praisers shall then appraise the loss, stating separately actual
eh	138	cash value and loss to each item; and, failing to agree, shall
ei	139	submit their differences, only, to the umpire. An award in writ-
ej	140	ing, so itemized, of any two when filed with this Company shall
ek	141	determine the amount of actual cash value and loss. Each
el	142	appraiser shall be paid by the party selecting him and the ex-
em	143	penses of appraisal and umpire shall be paid by the parties
en	144	equally; provided, however, if the written demand is made by this
eo	145	Company, then the insured shall be reimbursed by this Company for
ep	146	the reasonable cost of the insured's appraiser and the insured's
eq	147	portion of the cost of the umpire.
er	148	Company's	It shall be optional with this Company to
es	149	options.	take all, or any part, of the property at the
et	150		agreed or appraised value, and also to re-
eu	151	pair, rebuild or replace the property destroyed or damaged with
ev	152	other of like kind and quality within a reasonable time, on giv-
ew	153	ing notice of its intention so to do within thirty days after the
ex	154	receipt of the proof of loss herein required.
ey	155	Abandonment.	There can be no abandonment to this Com-
ez	156		pany of any property.
fa	157	When loss	The amount of loss for which this Company
fb	158	payable.	may be liable shall be payable sixty days
fc	159		after proof of loss, as herein provided, is
fd	160	received by this Company and ascertainment of the loss is made
fe	161	either by agreement between the insured and this Company ex-
ff	162	pressed in writing or by the filing with this Company of an
fg	163	award as herein provided.
fh	164	Suit.	No suit or action on this policy for the recov-
fi	165		ery of any claim shall be sustainable in any
fj	166	court of law or equity unless all the requirements of this policy
fk	167	shall have been complied with, and unless commenced within
fl	168	two years next after inception of the loss.
fm	169	Subrogation.	This Company may require from the insured
fn	170		an assignment of all right of recovery against
fo	171	any party for loss to the extent that payment therefor is made
fp	172	by 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.

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Code of Virginia

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

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