RI Gen L § 27-5-3 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-5 - Fire Insurance Policies and Reserves|Section 27-5-3 - Form of standard policy.

§ 27-5-3. Form of standard policy.The form of the standard fire insurance policy of the state of Rhode Island, with permission to substitute for the word "company" or "companies" a more accurate descriptive term for the type of insurer, shall be as follows:NoSpace for insertion of name of company or companies issuing the policy and other matter permitted to be stated at the head of the policy.  Space for listing amounts of insurance, rates, and premiums for the basic coverages insured under the standard form of policy and for additional coverages or perils insured under endorsements attached.  In consideration of the provisions and stipulations herein or added hereto and of ............... dollars premium this company, for the term of .............    from the ...... day of ............., 20 ....     to the ...... day of ............., 20 ....    at 12:01 a.m. standard time at    location of property involved,  to an amount not exceeding ..................... dollars, does insure, .......................... and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after a loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all direct loss by fire and lightning, and by removal from the premises endangered by the perils insured against in this policy, except as hereinafter provided, to the property described hereinafter while located or contained as described in this policy, or pro rata for five (5) days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere.  Assignment of this policy shall not be valid except with the written consent of this company.  This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are hereby made a part of this policy, together with such other provisions, stipulations, and agreements as may be added hereto, as provided in this policy.  IN WITNESS WHEREOF, this company has executed and attested these presents; at . . . . .  SecretaryPresidentIn the event the domicile state of the company issuing the policy requires a Rhode Island company to have a countersignature affixed by a licensed resident agent to a policy issued in that state then in accordance with the provisions of § 27-2-17, the form of the standard fire insurance policy shall in lieu of the foregoing execution and attestation clause contain the following execution and attestation clause: IN WITNESS WHEREOF, this company has executed and attested these presents; but this policy shall not be valid unless countersigned by the duly authorized agent of this company at ..........   . . . . .  SecretaryPresident Countersigned this ..... day of .......... 20 ....Agent  1 Concealment, This entire policy shall be void if, whether   2 fraud. before or after a loss, the insured will-   3  fully concealed or misrepresented any material   4 fact or circumstance concerning this insurance or the subject   5 thereof, or the interest of the insured therein, or in the case of   6 any fraud or false swearing by the insured relating thereto.   7 Uninsurable This policy shall not cover accounts, bills,   8 and excepted currency, deeds, evidences of debt, money, or   9 property. securities; nor, unless specifically named here-   10  on in writing, bullion or manuscripts.   11 Perils not This company shall not be liable for loss by   12 included. fire or other perils insured against in this   13  policy caused, directly or indirectly, by: (a)   14 enemy attack by armed forces, including action taken by mili-   15 tary, naval, or air forces in resisting an actual or an immedi-     ately   16 impending enemy attack; (b) invasion; (c) insurrection; (d)   17 rebellion; (e) revolution; (f) civil war; (g) usurped power; (h)   18 order of any civil authority except acts of destruction at the time   19 of and for the purpose of preventing the spread of fire, provided   20 that this fire did not originate from any of the perils excluded   21 by this policy; (i) neglect of the insured to use all reasonable   22 means to save and preserve the property at and after a loss, or   23 when the property is endangered by fire in neighboring prem-   24 ises; (j) loss by theft.   25 Other Insurance. Other insurance may be prohibited or the   26  amount of insurance may be limited by an   27 endorsement attached hereto.   28 Conditions suspending or restricting insurance. Unless   29 otherwise provided in writing and added hereto this company     or companies shall not   30 be liable for loss occurring:   31 (a) While the hazard is increased by any means within the con-   32 trol or knowledge of the insured; or   33 (b) While a described building, whether intended for occupancy   34 by owner or tenant, is vacant or unoccupied beyond a period     of   35 sixty (60) consecutive days or   35A thirty (30) consecutive days subsequent to the date on which an   35B order is issued by the local building inspector pursuant to     § 23-27.3-124.2,   35C whichever first occurs; or   36 (c) As a result of explosion or riot, unless fire ensues, and in   37 that event for loss by fire only.   38 Other perils Any other peril to be insured against or sub-   39 or subjects. ject of insurance to be covered in this policy   40  shall be by endorsement in writing hereon or   41 added hereto.   42 Added provisions. The extent of the application of insurance   43  under this policy and of the contribution to   44 be made by this company in case of loss, and any other pro-   45 vision or agreement not inconsistent with the provisions of this   46 policy, may be provided for in writing and added hereto, but no   47 provision may be waived except such as by the terms of this   48 policy is subject to change.   49 Waiver No permission affecting this insurance shall   50 provisions. exist, or waiver of any provision is valid,   51  unless granted herein or expressed in writing   52 and added hereto. No provision, stipulation, or forfeiture shall   53 be held to be waived by any requirement or proceeding on the   54 part of this company relating to appraisal or to any examina-   55 tion provided for herein.   56 Cancellation This policy shall be cancelled at any time   57 of policy. at the request of the insured, in which case   58  this company shall, upon demand and sur-   59 render of this policy, refund the excess of the paid premium     above   60 the customary short rates for the expired time. This pol-   61 icy may be cancelled at any time by this company by giving   62 to the insured a thirty (30) days' written notice of cancellation   except that when cancellation is for nonpayment of premium, a ten (10)   days' written notice shall be required with   63 or without tender of the excess of the paid premium above the    pro   64 rata premium for the expired time.   65 Notice of cancellation shall   66 state that the excess premium (if not tendered) will be promptly   67 re-funded.   68 Mortgagee If loss hereunder is made payable, in whole   69 interests and or in part, to a designated mortgagee not   70 obligations. named herein as the insured, that interest in   71  this policy may be cancelled by giving to that   72  mortgagee a ten (10) days' written notice of   73 cancellation.   74 If the insured fails to render proof of loss the mortgagee, upon   75 notice, shall render proof of loss in the form herein specified   76 within sixty (60) days thereafter and shall be subject to the pro-   77 visions hereof relating to appraisal and time of payment and of   78 bringing suit. If this company shall claim that no liability ex-   79 isted as to the mortgagor or owner, it shall, to the extent of the   pay-   80 ment of loss to the mortgagee, be subrogated to all the mort-   81 gagee's rights of recovery, but without impairing the mort-    gagee's   82 right to sue; or it may pay off the mortgage debt and require   83 an assignment thereof and of the mortgage. Other provisions   84 relating to the interests and obligations of the mortgagee may   85 be added hereto by agreement in writing.   86 Pro rata liability. This company shall not be liable for a   87  greater proportion of any loss than the   88 amount hereby insured shall bear to the whole insurance cover-   89 ing the property against the peril involved, whether collectible    or not.   90 Requirements in The insured shall give immediate written   91 case loss occurs. notice to this company of any loss, protect   92  the property from further damage, forth     with   93 separate the damaged and undamaged personal property, put   94 it in the best possible order, furnish a complete inventory of   95 the destroyed, damaged, and undamaged property, showing in   96 detail quantities, costs, actual cash value and amount of loss   97 claimed; and within sixty (60) days after the loss, unless such   98 time is extended in writing by this company, the insured shall   99 render to this company a proof of loss, signed and sworn to by   100 the insured, stating the knowledge and belief of the insured as    to   101 the following: the time and origin of the loss, the interest of the   102 insured and of all others in the property, the actual cash value    of   103 each item thereof and the amount of loss thereto, all encum-   104 brances thereon, all other contracts of insurance, whether valid   105 or not, covering any of the property, any changes in the title,   106 use, occupation, location, possession, or exposures of the prop-   107 erty since the issuing of this policy, and by whom and for what   108 purpose any building herein described and the several parts   109 thereof were occupied at the time of loss and whether or not it   110 then stood on leased ground, and shall furnish a copy of all the   111 descriptions and schedules in all policies and, if required, veri-   112 fied plans and specifications of any building, fixtures, or    machin-   113 ery destroyed or damaged. The insured, as often as may be   114 reasonably required, shall exhibit to any person designated by   115 this company all that remains of any property herein described,   116 and submit to examinations under oath by any person named by   117 this company, and subscribe the same; and, as often as may be   118 reasonably required, shall produce for examination all books of   119 account, bills, invoices, and other vouchers, or certified copies   120 thereof if the originals are lost, at such reasonable time and    place as   121 may be designated by this company or its representative, and   122 shall permit extracts and copies thereof to be made.   123 Appraisal. In case the insured and this company shall   124  fail to agree as to the actual cash value or   125 the amount of loss, then, on the written demand of either, each   126 shall select a competent and disinterested appraiser and notify   127 the other of the appraiser selected within twenty (20) days of   128 that demand. The appraisers shall first select a competent and   129 disinterested umpire; and failing for fifteen (15) days to agree   130 upon the umpire, then, on request of the insured or this com-   131 pany, the umpire shall be selected by a judge of a court of   132 record in the state in which the property covered is located. The   133 appraisers shall then appraise the loss, stating separately ac-    tual   134 cash value and loss to each item; and, failing to agree, shall   135 submit their differences, only, to the umpire. An award in writ-   136 ing, so itemized, of any two (2) when filed with this company    shall   137 determine the amount of actual cash value and loss. Each   138 appraiser shall be paid by the party selecting him or her and   139 the expenses of appraisal and the umpire shall be paid by   140 the parties equally.   141 Company's It shall be optional with this company to   142 options. take all, or any part, of the property at the   143  agreed or appraised value, and also to re-   144 pair, rebuild, or replace the property destroyed or damaged with   145 another of like kind and quality within a reasonable time, on   146 giving notice of its intention so to do within thirty (30) days   147 after the receipt of the proof of the loss herein required.   148 Abandonment. There can be no abandonment to this com-   149  pany of any property.   150 When loss The amount of loss for which this company   151 payable may be liable shall be payable sixty (60)   152  days after proof of loss, as herein provided,   153 is received by this company and ascertainment of the loss is   154 made either by agreement between the insured and this com-   155 pany expressed in writing or by the filing with this company   156 of an award as herein provided.   157 Suit. No suit or action on this policy for the recov-   158  ery of any claim shall be sustainable in any   159 court of law or equity unless all the requirements of this policy   160 shall have been complied with, and unless commenced within   161 twenty-four (24) months next after inception of the loss.   162 Subrogation. This company may require from the insured   163  an assignment of all rights of recovery.   164 against any party for loss to the extent that payment therefor   165 is made by this company.  Standard Fire Insurance Policy of the State ofExpires . . . . . Property . . . . . Assured . . . . . No. (COMPANY)     It is important that the written portions of all policies covering the same property read exactly alike. If they do not, they should be made uniform at once.    History of Section.G.L. 1896, ch. 183, § 5; G.L. 1909, ch. 222, § 5; G.L. 1923, ch. 258, § 5; P.L. 1929, ch. 1359, § 2; P.L. 1938, ch. 2631, § 1; G.L. 1938, ch. 154, §§ 1, 2; P.L. 1945, ch. 1623, § 1; G.L. 1956, § 27-5-3; P.L. 1978, ch. 331, § 1; P.L. 1979, ch. 47, § 1; P.L. 1994, ch. 53, § 1; P.L. 2004, ch. 138, § 1; P.L. 2004, ch. 140, § 1.