2023 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:
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Concealment,
This entire policy shall be void, if whether
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fraud.
before or after a loss, the insured has wil-
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fully concealed or misrepresented any ma-
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terial fact or circumstance concerning this insurance or the
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subject thereof, or the interest of the insured therein, or in case
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of any fraud or false swearing by the insured relating thereto.
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Uninsurable
This policy shall not cover accounts, bills,
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and
currency, deeds, evidences of debt, money or
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excepted property.
securities; nor, unless specifically named
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hereon in writing, bullion or manuscripts.
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Perils not
This Company shall not be liable for loss by
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included.
fire or other perils insured against in this
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policy caused, directly or indirectly, by: (a)
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enemy attack by armed forces, including action taken by mili-
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tary, naval or air forces in resisting in actual or immediately
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impending enemy attack; (b) invasion; (c) insurrection; (d)
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rebellion; (e) revolution; (f) civil war; (g) usurped power;
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(h) order of any civil authority except acts of destruction at the time
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of and for the purpose of preventing the spread of fire, provided
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that such fire did not originate from any of the perils excluded
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by this policy; (i) neglect of the insured to use all reasonable
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means to save and preserve the property at and after a loss, or
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when the property is endangered by fire in neighboring prem-
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ises; (j) nor shall this Company be liable for loss by theft.
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Other Insurance.
Other insurance may be prohibited or the
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amount of insurance may be limited by en-
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dorsement attached hereto.
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Conditions suspending or restricting insurance.
Unless other-
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wise provided in writing added hereto this Company shall not
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be liable for loss occurring
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(a) While the hazard is increased by any means within the
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control or knowledge of the insured; or
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(b) while a described building, whether intended for occupancy
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by owner or tenant, is vacant or unoccupied beyond a period of
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sixty consecutive days; or
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(c) as a result of explosion or riot, unless fire ensue, and in
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that event for loss by fire only.
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Other perils
Any other peril to be insured against or sub-
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or subjects.
ject of insurance to be covered in this policy
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shall be by endorsement by writing hereon or
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added hereto.
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Added provisions.
The extent of the application of insurance
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under this policy and of the contribution to
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be made by this Company in case of loss, and any other pro-
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vision or agreement not inconsistent with the provisions of this
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policy, may be provided for in writing added hereto, but no pro-
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vision may be waived except such as by the terms of this policy
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is subject to change.
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Waiver
No permission affecting this insurance shall
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provisions.
exist, or waiver of any provision be valid,
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unless granted herein or expressed in writing
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added hereto. No provision, stipulation or forfeiture shall be
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held to be waived by any requirement or proceeding on the part
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of this Company relating to appraisal or to any examination
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provided for herein.
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Cancellation
This policy shall be cancelled at any time
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of policy.
at the request of insured, in which case
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this Company shall, upon demand and sur-
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render of this policy, refund the excess of paid premium above
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the customary short rates for the expired time. This pol-
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icy may be cancelled at any time by this Company by giving
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to the insured a five days' written notice of cancellation with
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or without tender of the excess of paid premium above the pro
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rata premium for the expired time, which excess, if not ten-
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dered, shall be refunded on demand. Notice of cancellation shall
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state that said excess premium (if not tendered) will be
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refunded on demand.
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Mortgagee
If loss hereunder is made payable in whole
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interests and
or in part, to a designated mortgagee not
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obligations.
named herein as the insured, such interest in
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this policy may be cancelled by giving to such
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mortgagee a ten days' written notice of can-
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cellation.
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If the insured fails to render proof of loss such mortgagee, upon
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notice, shall render proof of loss in the form herein specified
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within sixty (60) days thereafter and shall be subject to the pro-
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visions hereof relating to appraisal and time of payment and of
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bringing suit. If this Company shall claim that no liability ex-
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isted as to the mortgagor or owner, it shall, to the extent of pay-
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ment of loss to the mortgagee, be subrogated to all mort-
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gagee's rights of recovery, but without impairing mortgagee's
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right to sue; or it may pay off the mortgage debt and require
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an assignment thereof and of the mortgage. Other provisions
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relating to the interest and obligations of such mortgagee may
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be added hereto by agreement in writing.
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Pro rata liability.
This Company shall not be liable for a greater
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proportion of any loss than the amount
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hereby insured shall bear to the whole insurance covering the
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property against the peril involved, whether collectible or not.
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Requirements in
The insured shall give immediate written
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case loss occurs.
notice to this Company of any loss, protect
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the property from further damage, forthwith
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separate the damaged and undamaged personal property, put
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it in the best possible order, and furnish a complete inventory
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of the destroyed or damaged property setting forth for each item,
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or by category if itemization is not reasonably practicable,
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the amount of loss claimed. The Company may, in addition,
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require the insured to furnish a complete inventory of
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the destroyed, damaged and undamaged property, showing in
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detail quantities, costs, actual cash value and amount of loss
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claimed; and within sixty days after the loss, unless such time
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is extended in writing by this Company, the insured shall render
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to this Company a proof of loss, signed and sworn to by the
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insured, stating the knowledge and belief of the insured as to
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the following: the time and origin of the loss, the interest of the
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insured and of all others in the property, the actual cash value of
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each item thereof and the amount of loss thereto, all encum-
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brances thereon, all other contracts of insurance, whether valid
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or not, covering any of said property, any changes in the title,
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use, occupation, location, possession or exposures of said prop-
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erty since the issuing of this policy, by whom and for what
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purpose any building herein described and the several parts
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thereof were occupied at the time of loss and whether or not it
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then stood on leased ground, and shall furnish a copy of all the
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descriptions and schedules in all policies and, if required, verified
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plans and specifications of any building, fixtures or machinery
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destroyed or damaged. The insured, as often as may be reason-
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ably required, shall exhibit to any person designated by this
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Company all that remains of any property herein described, and
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submit to examinations under oath by any person named by this
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Company, and subscribe the same; and, as often as may be
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reasonably required, shall produce for examination all books of
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account, bills, invoices and other vouchers, or certified copies
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thereof if originals be lost, at such reasonable time and place as
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may be designated by this Company or its representative, and
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shall permit extracts and copies thereof to be made.
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Appraisal.
In case the insured and this Company shall
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fail to agree as to the actual cash value or
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the amount of loss, then, on the written demand of either, each
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shall select a competent and disinterested appraiser and notify
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the other of the appraiser selected within twenty days of such
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demand. The appraisers shall first select a competent and dis-
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interested umpire; and failing for fifteen days to agree upon
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such umpire, then, on request of the insured or this Company,
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such umpire shall be selected by a judge of a court of record in
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the state in which the property covered is located. The ap-
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praisers shall then appraise the loss, stating separately actual
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cash value and loss to each item; and, failing to agree, shall
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submit their differences, only, to the umpire. An award in writ-
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ing, so itemized, of any two when filed with this Company shall
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determine the amount of actual cash value and loss. Each
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appraiser shall be paid by the party selecting him and the ex-
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penses of appraisal and umpire shall be paid by the parties
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equally; provided, however, if the written demand is made by this
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Company, then the insured shall be reimbursed by this Company for
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the reasonable cost of the insured's appraiser and the insured's
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portion of the cost of the umpire.
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Company's
It shall be optional with this Company to
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options.
take all, or any part, of the property at the
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agreed or appraised value, and also to re-
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pair, rebuild or replace the property destroyed or damaged with
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other of like kind and quality within a reasonable time, on giv-
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ing notice of its intention so to do within thirty days after the
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receipt of the proof of loss herein required.
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Abandonment.
There can be no abandonment to this Com-
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pany of any property.
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When loss
The amount of loss for which this Company
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payable.
may be liable shall be payable sixty days
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after proof of loss, as herein provided, is
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received by this Company and ascertainment of the loss is made
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either by agreement between the insured and this Company ex-
162
pressed in writing or by the filing with this Company of an
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award as herein provided.
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Suit.
No suit or action on this policy for the recov-
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ery of any claim shall be sustainable in any
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court of law or equity unless all the requirements of this policy
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shall have been complied with, and unless commenced within
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two years next after inception of the loss.
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Subrogation.
This Company may require from the insured
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an assignment of all right of recovery against
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any party for loss to the extent that payment therefor is made
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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.