§ 515.109

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.a. 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, orother aircraft, farm crops until stored, marine and inland marine risks other or different fromthe standard form of fire insurance policy herein set forth. b. 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 insureror insurers are stock or mutual corporations or are reciprocal insurers; and subject to theapproval of the commissioner of insurance, there may be added thereto such device ordevices as the insurer or insurers issuing said policy shall desire. Provided, however, thatany company organized under special charter provisions may so indicate upon its policy,and may add a

vice ordevices as the insurer or insurers issuing said policy shall desire. Provided, however, thatany 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. c. The standard policy provided for in this section need not be used for effecting reinsurance between insurers. d. 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 regulationsshall be printed upon the policy, and any such insurer may print upon the policy suchregulations 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 maybe designated in such contract of temporary insurance; except that the cancellation clauseof such standard policy, and the clause thereof specifying the hour of the day at which theinsurance shall commence, may be superseded by the express terms of such contract oftemporary insurance.

auseof such standard policy, and the clause thereof specifying the hour of the day at which theinsurance shall commence, may be superseded by the express terms of such contract oftemporary 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 ofpolicy 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 thepolicy, or for specified percentages or amounts thereof, aggregating the full amount of suchinsurance 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 deemedto 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 fireand lightning, which the insurer is empowered to assume, may be used

orsements, insuring against one or more of the perils incident to the ownership, use or occupancy of said property, other than fireand lightning, which the insurer is empowered to assume, may be used in connection withthe standard policy. Such forms of other contracts or endorsements attached or printedthereon may contain provisions and stipulations inconsistent with the standard policy ifapplicable only to such other perils. The pages of the standard policy may be renumberedand rearranged to provide space for the listing of rates and premiums for coverages insuredthereunder or under endorsements attached or printed thereon, and such other data as maybe 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 containscoverage against the peril of fire and substantial coverage against other perils, if such policyincludes provisions with respect to the peril of fire which are the substantial equivalent ofthe minimum provisions of such standard policy, provided further the policy is completeas to all its terms of coverage without reference to any other document and is

are the substantial equivalent ofthe minimum provisions of such standard policy, provided further the policy is completeas to all its terms of coverage without reference to any other document and is approved inaccordance with section 515.102, subsections 1 and 2. 6. a. 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: Sat Dec 23 00:47:28 2023 Iowa Code 2024, Section 515.109 (45, 0) §515.109, INSURANCE OTHER THAN LIFE 2 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 thepolicy.) (Space for listing amounts of insurance, rates and premiums for the basic coverages insured under the standard form of policyand for additional coverages or perils insured under endorsementsattached.) IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREIN OR ADDED HERETO AND OF ........................ DOLLARS PREMIUM this company, for the termof ........................ from the ................ day of ............................ (month), ....................

ERETO AND OF ........................ DOLLARS PREMIUM this company, for the termof ........................ from the ................ day of ............................ (month), .................... (year), to the ................ day of ............................ (month), ................ (year), at noon, StandardTime, at location of property involved, to an amount not exceeding.................................... Dollars, does insure ................................ and legal representatives, to the extent of the actual cash valueof the property at the time of loss, but not exceeding the amountwhich it would cost to repair or replace the property withmaterial of like kind and quality within a reasonable time aftersuch loss, without allowance for any increased cost of repairor reconstruction by reason of any ordinance or law regulatingconstruction or repair, and without compensation for loss resultingfrom interruption of business or manufacture, nor in any event formore than the interest of the insured, against all DIRECT LOSSBY FIRE, LIGHTNING AND BY REMOVAL FROM PREMISESENDANGERED BY THE PERILS INSURED AGAINST IN THISPOLICY, EXCEPT AS HEREINAFTER PROVIDED, to the

than the interest of the insured, against all DIRECT LOSSBY FIRE, LIGHTNING AND BY REMOVAL FROM PREMISESENDANGERED BY THE PERILS INSURED AGAINST IN THISPOLICY, EXCEPT AS HEREINAFTER PROVIDED, to the propertydescribed hereinafter while located or contained as described inthis policy, or pro rata for five days at each proper place to whichany of the property shall necessarily be removed for preservationfrom 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 subjectto the foregoing provisions and stipulations and those hereinafterstated, which are hereby made a part of this policy, together withsuch other provisions, stipulations and agreements as may be addedhereto, as provided in this policy. IN WITNESS WHEREOF, this company has executed and attested these presents................................. ................................ Secretary President 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 concealedor misrepresented any material fact or

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 concealedor misrepresented any material fact or circumstance concerningthis insurance or the subject thereof, or the interest of an insuredtherein, or in case of any fraud or false swearing by an insuredrelating thereto. Uninsurable and excepted property. This policy shall not cover accounts, bills, currency, deeds, evidences of debt, money orsecurities; nor, unless specifically named hereon in writing, bullionor manuscripts. Perils not included. This company shall not be liable for loss by fire or other perils insured against in this policy caused, directly Sat Dec 23 00:47:28 2023 Iowa Code 2024, Section 515.109 (45, 0) or indirectly, by: (a) Enemy attack by armed forces, includingaction taken by military, naval or air forces in resisting an actualor an immediately impending enemy attack; (b) invasion; (c)insurrection; (d) rebellion; (e) revolution; (f) civil war; (g) usurpedpower; (h) order of any civil authority except acts of destructionat the time of and for the purpose of preventing the spread offire, provided that such fire

(e) revolution; (f) civil war; (g) usurpedpower; (h) order of any civil authority except acts of destructionat the time of and for the purpose of preventing the spread offire, provided that such fire did not originate from any of theperils excluded by this policy; (i) neglect of an insured to use allreasonable means to save and preserve the property at and aftera loss, or when the property is endangered by fire in neighboringpremises; (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 attachedhereto. Conditions suspending or restricting insurance. Unless otherwise provided in writing added hereto this company shallnot be liable for loss occurring under any of the followingcircumstances: [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 aperiod 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.

r tenant, is vacant or unoccupied beyond aperiod 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 byendorsement 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 thiscompany in case of loss, and any other provision or agreement notinconsistent with the provisions of this policy, may be provided forin writing added hereto, but no provision may be waived exceptsuch 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 hereinor expressed in writing added hereto. No provision, stipulationor forfeiture shall be held to be waived by any requirement orproceeding on the part of this company relating to appraisal or toany examination provided for herein. Cancellation of policy.

stipulationor forfeiture shall be held to be waived by any requirement orproceeding on the part of this company relating to appraisal or toany 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 ofpaid premium above the customary short rates for the expired time.This policy may be canceled at any time by this company by givingto the insured a five days’ written notice of cancellation with orwithout tender of the excess of paid premium above the pro ratapremium for the expired time, which excess, if not tendered, shallbe refunded on demand. Notice of cancellation shall state that saidexcess 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 namedherein as the insured, such interest in this policy may be canceled bygiving 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

licy may be canceled bygiving 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 Sat Dec 23 00:47:28 2023 Iowa Code 2024, Section 515.109 (45, 0) §515.109, INSURANCE OTHER THAN LIFE 4 within sixty days thereafter and shall be subject to the provisionshereof relating to appraisal and time of payment and of bringingsuit. If this company shall claim that no liability existed as to themortgagor or owner, it shall, to the extent of payment of loss to themortgagee, be subrogated to all the mortgagee’s rights of recovery,but without impairing mortgagee’s right to sue; or it may pay offthe mortgage debt and require an assignment thereof and of themortgage. Other provisions relating to the interests and obligationsof 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 bearto the whole insurance covering the property against the perilinvolved, whether collectible or not. Requirements in case loss occurs.

r proportion of any loss than the amount hereby insured shall bearto the whole insurance covering the property against the perilinvolved, whether collectible or not. Requirements in case loss occurs. The insured shall give immediate written notice to this company of any loss, protect theproperty from further damage, forthwith separate the damagedand undamaged personal property, put it in the best possibleorder, furnish a complete inventory of the destroyed, damaged andundamaged property, showing in detail quantities, costs, actualcash value and amounts of loss claimed; AND WITHIN SIXTYDAYS AFTER THE LOSS, UNLESS SUCH TIME IS EXTENDED INWRITING BY THIS COMPANY, THE INSURED SHALL RENDERTO THIS COMPANY A PROOF OF LOSS, signed and sworn toby the insured, stating the knowledge and belief of the insuredas to the following: The time and origin of the loss, the interestof the insured and of all others in the property, the actual cashvalue of each item thereof and the amount of loss thereto, allencumbrances thereon, all other contracts of insurance, whethervalid or not, covering any of said property, any changes in thetitle, use, occupation, location, possession or exposures of

thereto, allencumbrances thereon, all other contracts of insurance, whethervalid or not, covering any of said property, any changes in thetitle, use, occupation, location, possession or exposures of saidproperty since the issuing of this policy, by whom and for whatpurpose any building herein described and the several partsthereof were occupied at the time of loss and whether or not itthen stood on leased ground, and shall furnish a copy of all thedescriptions and schedules in all policies and, if required, verifiedplans and specifications of any building, fixtures or machinerydestroyed or damaged. The insured, as often as may be reasonablyrequired, shall exhibit to any person designated by this companyall that remains of any property herein described, and submit toexaminations under oath by any person named by this company,and subscribe the same; and, as often as may be reasonablyrequired, shall produce for examination all books of account, bills,invoices and other vouchers, or certified copies thereof if originalsbe lost, at such reasonable time and place as may be designated bythis company or its representative, and shall permit extracts andcopies thereof to be made.

, or certified copies thereof if originalsbe lost, at such reasonable time and place as may be designated bythis company or its representative, and shall permit extracts andcopies 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, onthe written demand of either, each shall select a competent anddisinterested appraiser and notify the other of the appraiser selectedwithin twenty days of such demand. The appraisers shall first select a competent and disinterested umpire; and failing for fifteendays to agree upon such umpire, then, on request of the insured orthis company, such umpire shall be selected by a judge of a courtof record in the state in which the property covered is located. Theappraisers shall then appraise the loss, stating separately actual Sat Dec 23 00:47:28 2023 Iowa Code 2024, Section 515.109 (45, 0) cash value and loss to each item; and, failing to agree, shall submittheir differences, only, to the umpire. An award in writing, so itemized, of any two when filed with this company shall determinethe amount of actual cash value and loss.

ailing to agree, shall submittheir differences, only, to the umpire. An award in writing, so itemized, of any two when filed with this company shall determinethe amount of actual cash value and loss. Each appraiser shallbe paid by the party selecting the appraiser and the expenses ofappraisal 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 appraisedvalue, and also to repair, rebuild or replace the property destroyedor damaged with other of like kind and quality within a reasonabletime, on giving notice of its intention so to do within thirty days afterthe 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 hereinprovided, is received by this company and ascertainment of the lossis made either by agreement between the insured and this companyexpressed in writing or by the filing with this company of an awardas herein provided. Suit.

this company and ascertainment of the lossis made either by agreement between the insured and this companyexpressed in writing or by the filing with this company of an awardas 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 allthe requirements of this policy shall have been complied with, andunless commenced within twelve months next after inception of theloss. Subrogation. This company may require from the insured an assignment of all right of recovery against any party for loss to theextent 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amount $ . .. .. .. .. . TotalPremium $ . .. .. .. .. . Insured . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .____________________________________________________________ SEE INSIDE OF POLICY FOR PERILS COVERED

. .. .. . Insured . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .____________________________________________________________ SEE INSIDE OF POLICY FOR PERILS COVERED NO. (Space of approximately two (2) inches for use of Agent or Insurer.)(Space of approximately two (2) inches for use of Agent or Insurer.) b. 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. [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] 2000 Acts, ch 1058, §56; 2005 Acts, ch 3, §85; 2005 Acts, ch 70, §19 – 21; 2007 Acts, ch 152, §44, 73 CS2007, §515.1092012 Acts, ch 1023, §157; 2015 Acts, ch 29, §75, 76; 2019 Acts, ch 59, §188; 2021 Acts, ch 80, §328 Referred to in §515.110, 515.111, 515.112, 515.113 Sat Dec 23 00:47:28 2023 Iowa Code 2024, Section 515.109

s, ch 1023, §157; 2015 Acts, ch 29, §75, 76; 2019 Acts, ch 59, §188; 2021 Acts, ch 80, §328 Referred to in §515.110, 515.111, 515.112, 515.113 Sat Dec 23 00:47:28 2023 Iowa Code 2024, Section 515.109 (45, 0)