VA Code § 38.2-2105 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 21 - Fire Insurance Policies|§ 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:1Concealment,This entire policy shall be void, if whether2fraud.before or after a loss, the insured has wil-3fully concealed or misrepresented any ma-4terial fact or circumstance concerning this insurance or the5subject thereof, or the interest of the insured therein, or in case6of any fraud or false swearing by the insured relating thereto.7UninsurableThis policy shall not cover accounts, bills,8andcurrency, deeds, evidences of debt, money or9excepted property.securities; nor, unless specifically named10hereon in writing, bullion or manuscripts.11Perils notThis Company shall not be liable for loss by12included.fire or other perils insured against in this13 policy caused, directly or indirectly, by: (a)14enemy attack by armed forces, including action taken by mili-15tary, naval or air forces in resisting in actual or immediately16impending enemy attack; (b) invasion; (c) insurrection; (d)17rebellion; (e) revolution; (f) civil war; (g) usurped power;18(h) order of any civil authority except acts of destruction at the time19of and for the purpose of preventing the spread of fire, provided20that such fire did not originate from any of the perils excluded21by this policy; (i) neglect of the insured to use all reasonable22means to save and preserve the property at and after a loss, or23when the property is endangered by fire in neighboring prem-24ises; (j) nor shall this Company be liable for loss by theft.25Other Insurance.Other insurance may be prohibited or the26 amount of insurance may be limited by en-27 dorsement attached hereto.28Conditions suspending or restricting insurance. Unless other-29wise provided in writing added hereto this Company shall not30be liable for loss occurring31(a) While the hazard is increased by any means within the32control or knowledge of the insured; or33(b) while a described building, whether intended for occupancy34by owner or tenant, is vacant or unoccupied beyond a period of35sixty consecutive days; or36(c) as a result of explosion or riot, unless fire ensue, and in37that event for loss by fire only.38Other perilsAny other peril to be insured against or sub-39or subjects.ject of insurance to be covered in this policy40 shall be by endorsement by writing hereon or41added hereto.42Added provisions.The extent of the application of insurance43 under this policy and of the contribution to44be made by this Company in case of loss, and any other pro- 45vision or agreement not inconsistent with the provisions of this46policy, may be provided for in writing added hereto, but no pro-47vision may be waived except such as by the terms of this policy48is subject to change.49WaiverNo permission affecting this insurance shall50provisions.exist, or waiver of any provision be valid,51 unless granted herein or expressed in writing52added hereto. No provision, stipulation or forfeiture shall be53held to be waived by any requirement or proceeding on the part54of this Company relating to appraisal or to any examination55provided for herein.56CancellationThis policy shall be cancelled at any time57of policy.at the request of insured, in which case58 this Company shall, upon demand and sur-59render of this policy, refund the excess of paid premium above60the customary short rates for the expired time. This pol-61icy may be cancelled at any time by this Company by giving62to the insured a five days' written notice of cancellation with63or without tender of the excess of paid premium above the pro64rata premium for the expired time, which excess, if not ten-65dered, shall be refunded on demand. Notice of cancellation shall66state that said excess premium (if not tendered) will be67refunded on demand.68MortgageeIf loss hereunder is made payable in whole69interests andor in part, to a designated mortgagee not70obligations.named herein as the insured, such interest in71 this policy may be cancelled by giving to such72 mortgagee a ten days' written notice of can-73cellation.74If the insured fails to render proof of loss such mortgagee, upon75notice, shall render proof of loss in the form herein specified76within sixty (60) days thereafter and shall be subject to the pro-77visions hereof relating to appraisal and time of payment and of78bringing suit. If this Company shall claim that no liability ex-79isted as to the mortgagor or owner, it shall, to the extent of pay- 80ment of loss to the mortgagee, be subrogated to all mort-81gagee's rights of recovery, but without impairing mortgagee's82right to sue; or it may pay off the mortgage debt and require83an assignment thereof and of the mortgage. Other provisions84relating to the interest and obligations of such mortgagee may85be added hereto by agreement in writing.86 Pro rata liability.This Company shall not be liable for a greater87 proportion of any loss than the amount88hereby insured shall bear to the whole insurance covering the89property against the peril involved, whether collectible or not.90Requirements inThe insured shall give immediate written91case loss occurs. notice to this Company of any loss, protect92 the property from further damage, forthwith93separate the damaged and undamaged personal property, put94it in the best possible order, and furnish a complete inventory95of the destroyed or damaged property setting forth for each item,96or by category if itemization is not reasonably practicable,97the amount of loss claimed. The Company may, in addition,98require the insured to furnish a complete inventory of99the destroyed, damaged and undamaged property, showing in100detail quantities, costs, actual cash value and amount of loss101claimed; and within sixty days after the loss, unless such time102is extended in writing by this Company, the insured shall render103to this Company a proof of loss, signed and sworn to by the104insured, stating the knowledge and belief of the insured as to105the following: the time and origin of the loss, the interest of the106insured and of all others in the property, the actual cash value of107each item thereof and the amount of loss thereto, all encum-108brances thereon, all other contracts of insurance, whether valid109or not, covering any of said property, any changes in the title,110use, occupation, location, possession or exposures of said prop-111erty since the issuing of this policy, by whom and for what112purpose any building herein described and the several parts113thereof were occupied at the time of loss and whether or not it114then stood on leased ground, and shall furnish a copy of all the115descriptions and schedules in all policies and, if required, verified116plans and specifications of any building, fixtures or machinery117destroyed or damaged. The insured, as often as may be reason-118ably required, shall exhibit to any person designated by this119Company all that remains of any property herein described, and120submit to examinations under oath by any person named by this121Company, and subscribe the same; and, as often as may be122reasonably required, shall produce for examination all books of123account, bills, invoices and other vouchers, or certified copies124thereof if originals be lost, at such reasonable time and place as125may be designated by this Company or its representative, and126shall permit extracts and copies thereof to be made.127Appraisal.In case the insured and this Company shall128 fail to agree as to the actual cash value or129the amount of loss, then, on the written demand of either, each130shall select a competent and disinterested appraiser and notify131the other of the appraiser selected within twenty days of such132demand. The appraisers shall first select a competent and dis-133interested umpire; and failing for fifteen days to agree upon134such umpire, then, on request of the insured or this Company,135such umpire shall be selected by a judge of a court of record in136the state in which the property covered is located. The ap-137praisers shall then appraise the loss, stating separately actual138cash value and loss to each item; and, failing to agree, shall139submit their differences, only, to the umpire. An award in writ-140ing, so itemized, of any two when filed with this Company shall141determine the amount of actual cash value and loss. Each142appraiser shall be paid by the party selecting him and the ex-143penses of appraisal and umpire shall be paid by the parties144equally; provided, however, if the written demand is made by this145Company, then the insured shall be reimbursed by this Company for146the reasonable cost of the insured's appraiser and the insured's147portion of the cost of the umpire.148Company'sIt shall be optional with this Company to149options.take all, or any part, of the property at the150 agreed or appraised value, and also to re-151pair, rebuild or replace the property destroyed or damaged with152other of like kind and quality within a reasonable time, on giv-153ing notice of its intention so to do within thirty days after the154receipt of the proof of loss herein required.155Abandonment.There can be no abandonment to this Com-156 pany of any property.157When lossThe amount of loss for which this Company158payable.may be liable shall be payable sixty days159 after proof of loss, as herein provided, is160received by this Company and ascertainment of the loss is made161either by agreement between the insured and this Company ex-162pressed in writing or by the filing with this Company of an163award as herein provided.164Suit.No suit or action on this policy for the recov-165 ery of any claim shall be sustainable in any166court of law or equity unless all the requirements of this policy167shall have been complied with, and unless commenced within168two years next after inception of the loss.169Subrogation.This Company may require from the insured170 an assignment of all right of recovery against171any party for loss to the extent that payment therefor is made172by 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.