Va. Code § 38.2-2105

Current with changes from the 2024 legislative session through ch. 845
Section 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:

1

Concealment,

This entire policy shall be void, if whether

2

fraud.

before or after a loss, the insured has wil-

3

fully concealed or misrepresented any ma-

4

terial fact or circumstance concerning this insurance or the

5

subject thereof, or the interest of the insured therein, or in case

6

of any fraud or false swearing by the insured relating thereto.

7

Uninsurable

This policy shall not cover accounts, bills,

8

and

currency, deeds, evidences of debt, money or

9

excepted property.

securities; nor, unless specifically named

10

hereon 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 in actual or immediately

16

impending enemy attack; (b) invasion; (c) insurrection; (d)

17

rebellion; (e) revolution; (f) civil war; (g) usurped power;

18

(h) 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 such 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) nor shall this Company be liable for loss by theft.

25

Other Insurance.

Other insurance may be prohibited or the

26

amount of insurance may be limited by en-

27

dorsement attached hereto.

28

Conditions suspending or restricting insurance. Unless other-

29

wise provided in writing added hereto this Company shall not

30

be liable for loss occurring

31

(a) While the hazard is increased by any means within the

32

control 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 consecutive days; or

36

(c) as a result of explosion or riot, unless fire ensue, 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 by 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 added hereto, but no pro-

47

vision may be waived except such as by the terms of this policy

48

is subject to change.

49

Waiver

No permission affecting this insurance shall

50

provisions.

exist, or waiver of any provision be valid,

51

unless granted herein or expressed in writing

52

added hereto. No provision, stipulation or forfeiture shall be

53

held to be waived by any requirement or proceeding on the part

54

of this Company relating to appraisal or to any examination

55

provided for herein.

56

Cancellation

This policy shall be cancelled at any time

57

of policy.

at the request of insured, in which case

58

this Company shall, upon demand and sur-

59

render of this policy, refund the excess of 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 five days' written notice of cancellation with

63

or without tender of the excess of paid premium above the pro

64

rata premium for the expired time, which excess, if not ten-

65

dered, shall be refunded on demand. Notice of cancellation shall

66

state that said excess premium (if not tendered) will be

67

refunded on demand.

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, such interest in

71

this policy may be cancelled by giving to such

72

mortgagee a ten days' written notice of can-

73

cellation.

74

If the insured fails to render proof of loss such 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 pay-

80

ment of loss to the mortgagee, be subrogated to all mort-

81

gagee's rights of recovery, but without impairing mortgagee'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 interest and obligations of such mortgagee may

85

be added hereto by agreement in writing.

86

Pro rata liability.

This Company shall not be liable for a greater

87

proportion of any loss than the amount

88

hereby insured shall bear to the whole insurance covering the

89

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, forthwith

93

separate the damaged and undamaged personal property, put

94

it in the best possible order, and furnish a complete inventory

95

of the destroyed or damaged property setting forth for each item,

96

or by category if itemization is not reasonably practicable,

97

the amount of loss claimed. The Company may, in addition,

98

require the insured to furnish a complete inventory of

99

the destroyed, damaged and undamaged property, showing in

100

detail quantities, costs, actual cash value and amount of loss

101

claimed; and within sixty days after the loss, unless such time

102

is extended in writing by this Company, the insured shall render

103

to this Company a proof of loss, signed and sworn to by the

104

insured, stating the knowledge and belief of the insured as to

105

the following: the time and origin of the loss, the interest of the

106

insured and of all others in the property, the actual cash value of

107

each item thereof and the amount of loss thereto, all encum-

108

brances thereon, all other contracts of insurance, whether valid

109

or not, covering any of said property, any changes in the title,

110

use, occupation, location, possession or exposures of said prop-

111

erty since the issuing of this policy, by whom and for what

112

purpose any building herein described and the several parts

113

thereof were occupied at the time of loss and whether or not it

114

then stood on leased ground, and shall furnish a copy of all the

115

descriptions and schedules in all policies and, if required, verified

116

plans and specifications of any building, fixtures or machinery

117

destroyed or damaged. The insured, as often as may be reason-

118

ably required, shall exhibit to any person designated by this

119

Company all that remains of any property herein described, and

120

submit to examinations under oath by any person named by this

121

Company, and subscribe the same; and, as often as may be

122

reasonably required, shall produce for examination all books of

123

account, bills, invoices and other vouchers, or certified copies

124

thereof if originals be lost, at such reasonable time and place as

125

may be designated by this Company or its representative, and

126

shall permit extracts and copies thereof to be made.

127

Appraisal.

In case the insured and this Company shall

128

fail to agree as to the actual cash value or

129

the amount of loss, then, on the written demand of either, each

130

shall select a competent and disinterested appraiser and notify

131

the other of the appraiser selected within twenty days of such

132

demand. The appraisers shall first select a competent and dis-

133

interested umpire; and failing for fifteen days to agree upon

134

such umpire, then, on request of the insured or this Company,

135

such umpire shall be selected by a judge of a court of record in

136

the state in which the property covered is located. The ap-

137

praisers shall then appraise the loss, stating separately actual

138

cash value and loss to each item; and, failing to agree, shall

139

submit their differences, only, to the umpire. An award in writ-

140

ing, so itemized, of any two when filed with this Company shall

141

determine the amount of actual cash value and loss. Each

142

appraiser shall be paid by the party selecting him and the ex-

143

penses of appraisal and umpire shall be paid by the parties

144

equally; provided, however, if the written demand is made by this

145

Company, then the insured shall be reimbursed by this Company for

146

the reasonable cost of the insured's appraiser and the insured's

147

portion of the cost of the umpire.

148

Company's

It shall be optional with this Company to

149

options.

take all, or any part, of the property at the

150

agreed or appraised value, and also to re-

151

pair, rebuild or replace the property destroyed or damaged with

152

other of like kind and quality within a reasonable time, on giv-

153

ing notice of its intention so to do within thirty days after the

154

receipt of the proof of loss herein required.

155

Abandonment.

There can be no abandonment to this Com-

156

pany of any property.

157

When loss

The amount of loss for which this Company

158

payable.

may be liable shall be payable sixty days

159

after proof of loss, as herein provided, is

160

received by this Company and ascertainment of the loss is made

161

either by agreement between the insured and this Company ex-

162

pressed in writing or by the filing with this Company of an

163

award as herein provided.

164

Suit.

No suit or action on this policy for the recov-

165

ery of any claim shall be sustainable in any

166

court of law or equity unless all the requirements of this policy

167

shall have been complied with, and unless commenced within

168

two years next after inception of the loss.

169

Subrogation.

This Company may require from the insured

170

an assignment of all right of recovery against

171

any party for loss to the extent that payment therefor is made

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.

Va. Code § 38.2-2105

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