2014 Virginia Code
Title 38.2 - Insurance
§ 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-
3fully 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 exceptedsecurities; nor, unless specifically named
property.
10hereon 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
13policy 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
26amount of insurance may be limited by en-
27dorsement 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
40shall be by endorsement by writing hereon or
41 added hereto.

42  Added             The extent of the application of insurance            provisions.
43under 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,
51unless 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
58this 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
71this policy may be cancelled by giving to such
72mortgagee 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          This Company shall not be liable for a greater        liability.
87proportion 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 lossnotice to this Company of any loss, protect
occurs.
92the 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
128fail 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
150agreed 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-
156pany of any property.
157 When loss The amount of loss for which this Company
158 payable. may be liable shall be payable sixty days
159after 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-
165ery 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
170an 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.

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