2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 515 - INSURANCE OTHER THAN LIFE
515.109 - FIRE INSURANCE CONTRACT -- STANDARD POLICY PROVISIONS -- PERMISSIBLE VARIATIONS.

        515.109  FIRE INSURANCE CONTRACT -- STANDARD POLICY
      PROVISIONS -- PERMISSIBLE VARIATIONS.
         1.  The printed form of a policy of fire insurance as set forth in
      subsection 6 shall be known and designated as the "standard policy"
      to be used in the state of Iowa.
         2.  Standard policy, additions, riders, and clauses.  It shall
      be unlawful for any insurance company to issue any policy of fire
      insurance upon any property in this state except upon automobiles,
      airplanes, seaplanes, dirigibles, or other aircraft, farm crops until
      stored, marine and inland marine risks other or different from the
      standard form of fire insurance policy herein set forth.
         There shall be printed at the head of said policy the name of the
      insurer or insurers issuing the policy; the location of the home
      office thereof; a statement whether said insurer or insurers are
      stock or mutual corporations or are reciprocal insurers; and subject
      to the approval of the commissioner of insurance, there may be added
      thereto such device or devices as the insurer or insurers issuing
      said policy shall desire.  Provided, however, that any company
      organized under special charter provisions may so indicate upon its
      policy, and may add a statement of the plan under which it operates
      in this state.
         The standard policy provided for herein need not be used for
      effecting reinsurance between insurers.
         If the policy is issued by a mutual, cooperative, or reciprocal
      insurer having special regulations with respect to the payment by the
      policyholder of assessments, such regulations shall be printed upon
      the policy, and any such insurer may print upon the policy such
      regulations as may be required by its home state or appropriate to
      its form of organization.
         3.  Binders or other contracts for temporary insurance may be made
      and shall be deemed to include all the terms of such standard policy
      and all such applicable endorsements as may be designated in such
      contract of temporary insurance; except that the cancellation clause
      of such standard policy, and the clause thereof specifying the hour
      of the day at which the insurance shall commence, may be superseded
      by the express terms of such contract of temporary insurance.
         4.  Two or more insurers authorized to do in this state the
      business of fire insurance, may, with the approval of the
      commissioner of insurance, issue a combination standard form of
      policy which shall contain the following:
         a.  A provision substantially to the effect that the insurers
      executing such policy shall be severally liable for the full amount
      of any loss or damage, according to the terms of the policy, or for
      specified percentages or amounts thereof, aggregating the full amount
      of such insurance under such policy.
         b.  A provision substantially to the effect that service of
      process, or of any notice or proof of loss required by such policy,
      upon any of the insurers executing such policy, shall be deemed to be
      service upon all such insurers.
         5.  Appropriate forms of other contracts or endorsements, insuring
      against one or more of the perils incident to the ownership, use or
      occupancy of said property, other than fire and lightning, which the
      insurer is empowered to assume, may be used in connection with the
      standard policy.  Such forms of other contracts or endorsements
      attached or printed thereon may contain provisions and stipulations
      inconsistent with the standard policy if applicable only to such
      other perils.  The pages of the standard policy may be renumbered and
      rearranged to provide space for the listing of rates and premiums for
      coverages insured thereunder or under endorsements attached or
      printed thereon, and such other data as may be included for
      duplication on daily reports for office records.  An insurer may
      issue a policy, either on an unspecified basis as to coverage or for
      an indivisible premium, which contains coverage against the peril of
      fire and substantial coverage against other perils, if such policy
      includes provisions with respect to the peril of fire which are the
      substantial equivalent of the minimum provisions of such standard
      policy, provided further the policy is complete as to all its terms
      of coverage without reference to any other document and is approved
      in accordance with section 515.102, subsections 1 and 2.
         6.  The form of the standard policy (with permission to substitute
      for the word "company" a more accurate descriptive term for the type
      of insurer) shall be as follows:
                      FIRST PAGE OF STANDARD FIRE POLICY
      No. ...
         (Space 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 ........ (month), ..... (year), to
      the .... day of ....... (month), ....  (year), at noon, 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 such 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, lightning and by removal from 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 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; but this policy shall not be valid unless
      countersigned by the duly authorized agent of this company at ......
               ........                   ........
               Secretary.                 President.
               Countersigned this ....
               day of ...... (month), ... (year).
                                          ........
                                          Agent.

                      second page of standard fire policy

         Concealment -- fraud.  This entire policy shall be void if,
      whether before or after a loss, an insured has willfully concealed or
      misrepresented any material fact or circumstance concerning this
      insurance or the subject thereof, or the interest of an insured
      therein, or in case of any fraud or false swearing by an insured
      relating thereto.

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

                      Fourth Page of Standard Fire Policy
                        standard fire insurance policy
               ----------------------------------------
               Expires ....................
               Property ....................
                                         Total
               Amount $ .....           Premium $ ....................
               Insured ....................
                                                   

                   see inside of policy for perils covered No.

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               (Space of approximately two (2) inches for use of
                 Agent or Insurer.)
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               (Space of approximately two (2) inches for use of
                 Agent or Insurer.)
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         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.  

         Section History: Early Form

         [C97, § 1743, 1744, 1746; S13, § 1742-a, 1743, 1744, 1746, 1758-a,
      1758-b; C24, § 8979, 8982, 8983, 8986, 8996, 9017, 9018; C27, 31, 35,
      § 8979, 8982, 8983, 8986, 8996, 9017, 9018, 9021-a1; C39, § 8979,
      8982, 8983, 8986, 8996, 9017, 9018, 9021.1; C46, § 515.99, 515.103,
      515.104, 515.107, 515.117, 515.138, 515.139, 515.143; C50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 515.138] 

         Section History: Recent Form

         2000 Acts, ch 1058, §56; 2005 Acts, ch 3, §85; 2005 Acts, ch 70, §
      19--21; 2007 Acts, ch 152, § 44, 73
         CS2007, § 515.109
         Referred to in § 515.110, 515.111, 515.112, 515.113 

         Footnotes

         Former § 515.109 repealed by 2007 Acts, ch 152, § 84; see §
      515.102