Va. Code § 38.2-2105
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. | |
Va. Code § 38.2-2105