A. Except as provided in § 38.2-2107, each policy shall contain the following provisions, conditions, stipulations, and agreements:\n1\nConcealment,\nThis entire policy shall be void, if whether\n2\nfraud.\nbefore or after a loss, the insured has wil-\n3\nfully concealed or misrepresented any ma-\n4\nterial fact or circumstance concerning this insurance or the\n5\nsubject thereof, or the interest of the insured therein, or in case\n6\nof any fraud or false swearing by the insured relating thereto.\n7\nUninsurable\nThis policy shall not cover accounts, bills,\n8\nand\ncurrency, deeds, evidences of debt, money or\n9\nexcepted property.\nsecurities; nor, unless specifically named\n10\nhereon in writing, bullion or manuscripts.\n11\nPerils not\nThis Company shall not be liable for loss by\n12\nincluded.\nfire or other perils insured against in this\n13\npolicy caused, directly or indirectly, by: (a)\n14\nenemy attack by armed forces, including action taken by mili-\n15\ntary, naval or air forces in resisting in actual or immediately\n16\nimpending enemy attack; (b) invasion; (c) insurrection; (d)\n17\nrebellion; (e) revolution; (f) civil war; (g) usurped power;\n18\n(h) order of any r forces in resisting in actual or immediately\n16\nimpending enemy attack; (b) invasion; (c) insurrection; (d)\n17\nrebellion; (e) revolution; (f) civil war; (g) usurped power;\n18\n(h) order of any civil authority except acts of destruction at the time\n19\nof and for the purpose of preventing the spread of fire, provided\n20\nthat such fire did not originate from any of the perils excluded\n21\nby this policy; (i) neglect of the insured to use all reasonable\n22\nmeans to save and preserve the property at and after a loss, or\n23\nwhen the property is endangered by fire in neighboring prem-\n24\nises; (j) nor shall this Company be liable for loss by theft.\n25\nOther Insurance.\nOther insurance may be prohibited or the\n26\namount of insurance may be limited by en-\n27\ndorsement attached hereto.\n28\nConditions suspending or restricting insurance.\nUnless other-\n29\nwise provided in writing added hereto this Company shall not\n30\nbe liable for loss occurring\n31\n(a) While the hazard is increased by any means within the\n32\ncontrol or knowledge of the insured; or\n33\n(b) while a described building, whether intended for occupancy\n34\nby owner or tenant, is vacant or the hazard is increased by any means within the\n32\ncontrol or knowledge of the insured; or\n33\n(b) while a described building, whether intended for occupancy\n34\nby owner or tenant, is vacant or unoccupied beyond a period of\n35\nsixty consecutive days; or\n36\n(c) as a result of explosion or riot, unless fire ensue, and in\n37\nthat event for loss by fire only.\n38\nOther perils\nAny other peril to be insured against or sub-\n39\nor subjects.\nject of insurance to be covered in this policy\n40\nshall be by endorsement by writing hereon or\n41\nadded hereto.\n42\nAdded provisions.\nThe extent of the application of insurance\n43\nunder this policy and of the contribution to\n44\nbe made by this Company in case of loss, and any other pro-\n45\nvision or agreement not inconsistent with the provisions of this\n46\npolicy, may be provided for in writing added hereto, but no pro-\n47\nvision may be waived except such as by the terms of this policy\n48\nis subject to change.\n49\nWaiver\nNo permission affecting this insurance shall\n50\nprovisions.\nexist, or waiver of any provision be valid,\n51\nunless granted herein or expressed in writing\n52\nadded hereto. o change.\n49\nWaiver\nNo permission affecting this insurance shall\n50\nprovisions.\nexist, or waiver of any provision be valid,\n51\nunless granted herein or expressed in writing\n52\nadded hereto. No provision, stipulation or forfeiture shall be\n53\nheld to be waived by any requirement or proceeding on the part\n54\nof this Company relating to appraisal or to any examination\n55\nprovided for herein.\n56\nCancellation\nThis policy shall be cancelled at any time\n57\nof policy.\nat the request of insured, in which case\n58\nthis Company shall, upon demand and sur-\n59\nrender of this policy, refund the excess of paid premium above\n60\nthe customary short rates for the expired time. This pol-\n61\nicy may be cancelled at any time by this Company by giving\n62\nto the insured a five days' written notice of cancellation with\n63\nor without tender of the excess of paid premium above the pro\n64\nrata premium for the expired time, which excess, if not ten-\n65\ndered, shall be refunded on demand. Notice of cancellation shall\n66\nstate that said excess premium (if not tendered) will be\n67\nrefunded on demand.\n68\nMortgagee\nIf loss hereunder is made payable in , shall be refunded on demand. Notice of cancellation shall\n66\nstate that said excess premium (if not tendered) will be\n67\nrefunded on demand.\n68\nMortgagee\nIf loss hereunder is made payable in whole\n69\ninterests and\nor in part, to a designated mortgagee not\n70\nobligations.\nnamed herein as the insured, such interest in\n71\nthis policy may be cancelled by giving to such\n72\nmortgagee a ten days' written notice of can-\n73\ncellation.\n74\nIf the insured fails to render proof of loss such mortgagee, upon\n75\nnotice, shall render proof of loss in the form herein specified\n76\nwithin sixty (60) days thereafter and shall be subject to the pro-\n77\nvisions hereof relating to appraisal and time of payment and of\n78\nbringing suit. If this Company shall claim that no liability ex-\n79\nisted as to the mortgagor or owner, it shall, to the extent of pay-\n80\nment of loss to the mortgagee, be subrogated to all mort-\n81\ngagee's rights of recovery, but without impairing mortgagee's\n82\nright to sue; or it may pay off the mortgage debt and require\n83\nan assignment thereof and of the mortgage. ated to all mort-\n81\ngagee's rights of recovery, but without impairing mortgagee's\n82\nright to sue; or it may pay off the mortgage debt and require\n83\nan assignment thereof and of the mortgage. Other provisions\n84\nrelating to the interest and obligations of such mortgagee may\n85\nbe added hereto by agreement in writing.\n86\nPro rata liability.\nThis Company shall not be liable for a greater\n87\nproportion of any loss than the amount\n88\nhereby insured shall bear to the whole insurance covering the\n89\nproperty against the peril involved, whether collectible or not.\n90\nRequirements in\nThe insured shall give immediate written\n91\ncase loss occurs.\nnotice to this Company of any loss, protect\n92\nthe property from further damage, forthwith\n93\nseparate the damaged and undamaged personal property, put\n94\nit in the best possible order, and furnish a complete inventory\n95\nof the destroyed or damaged property setting forth for each item,\n96\nor by category if itemization is not reasonably practicable,\n97\nthe amount of loss claimed. The Company may, in addition,\n98\nrequire the insured to furnish a complete inventory of\n99\nthe destroyed, damaged and undamaged ion is not reasonably practicable,\n97\nthe amount of loss claimed. The Company may, in addition,\n98\nrequire the insured to furnish a complete inventory of\n99\nthe destroyed, damaged and undamaged property, showing in\n100\ndetail quantities, costs, actual cash value and amount of loss\n101\nclaimed; and within sixty days after the loss, unless such time\n102\nis extended in writing by this Company, the insured shall render\n103\nto this Company a proof of loss, signed and sworn to by the\n104\ninsured, stating the knowledge and belief of the insured as to\n105\nthe following: the time and origin of the loss, the interest of the\n106\ninsured and of all others in the property, the actual cash value of\n107\neach item thereof and the amount of loss thereto, all encum-\n108\nbrances thereon, all other contracts of insurance, whether valid\n109\nor not, covering any of said property, any changes in the title,\n110\nuse, occupation, location, possession or exposures of said prop-\n111\nerty since the issuing of this policy, by whom and for what\n112\npurpose any building herein described and the several parts\n113\nthereof were occupied at the time of loss and whether or not \n111\nerty since the issuing of this policy, by whom and for what\n112\npurpose any building herein described and the several parts\n113\nthereof were occupied at the time of loss and whether or not it\n114\nthen stood on leased ground, and shall furnish a copy of all the\n115\ndescriptions and schedules in all policies and, if required, verified\n116\nplans and specifications of any building, fixtures or machinery\n117\ndestroyed or damaged. The insured, as often as may be reason-\n118\nably required, shall exhibit to any person designated by this\n119\nCompany all that remains of any property herein described, and\n120\nsubmit to examinations under oath by any person named by this\n121\nCompany, and subscribe the same; and, as often as may be\n122\nreasonably required, shall produce for examination all books of\n123\naccount, bills, invoices and other vouchers, or certified copies\n124\nthereof if originals be lost, at such reasonable time and place as\n125\nmay be designated by this Company or its representative, and\n126\nshall permit extracts and copies thereof to be made.\n127\nAppraisal.\nIn case the insured and this Company shall\n128\nfail to agree as to the actual cash is Company or its representative, and\n126\nshall permit extracts and copies thereof to be made.\n127\nAppraisal.\nIn case the insured and this Company shall\n128\nfail to agree as to the actual cash value or\n129\nthe amount of loss, then, on the written demand of either, each\n130\nshall select a competent and disinterested appraiser and notify\n131\nthe other of the appraiser selected within twenty days of such\n132\ndemand. The appraisers shall first select a competent and dis-\n133\ninterested umpire; and failing for fifteen days to agree upon\n134\nsuch umpire, then, on request of the insured or this Company,\n135\nsuch umpire shall be selected by a judge of a court of record in\n136\nthe state in which the property covered is located. The ap-\n137\npraisers shall then appraise the loss, stating separately actual\n138\ncash value and loss to each item; and, failing to agree, shall\n139\nsubmit their differences, only, to the umpire. An award in writ-\n140\ning, so itemized, of any two when filed with this Company shall\n141\ndetermine the amount of actual cash value and loss. Each\n142\nappraiser shall be paid by the party selecting him and the ex-\n143\npenses of appraisal ny two when filed with this Company shall\n141\ndetermine the amount of actual cash value and loss. Each\n142\nappraiser shall be paid by the party selecting him and the ex-\n143\npenses of appraisal and umpire shall be paid by the parties\n144\nequally; provided, however, if the written demand is made by this\n145\nCompany, then the insured shall be reimbursed by this Company for\n146\nthe reasonable cost of the insured's appraiser and the insured's\n147\nportion of the cost of the umpire.\n148\nCompany's\nIt shall be optional with this Company to\n149\noptions.\ntake all, or any part, of the property at the\n150\nagreed or appraised value, and also to re-\n151\npair, rebuild or replace the property destroyed or damaged with\n152\nother of like kind and quality within a reasonable time, on giv-\n153\ning notice of its intention so to do within thirty days after the\n154\nreceipt of the proof of loss herein required.\n155\nAbandonment.\nThere can be no abandonment to this Com-\n156\npany of any property.\n157\nWhen loss\nThe amount of loss for which this Company\n158\npayable.\nmay be liable shall be payable sixty days\n159\nafter proof of loss, as herein provided, is Com-\n156\npany of any property.\n157\nWhen loss\nThe amount of loss for which this Company\n158\npayable.\nmay be liable shall be payable sixty days\n159\nafter proof of loss, as herein provided, is\n160\nreceived by this Company and ascertainment of the loss is made\n161\neither by agreement between the insured and this Company ex-\n162\npressed in writing or by the filing with this Company of an\n163\naward as herein provided.\n164\nSuit.\nNo suit or action on this policy for the recov-\n165\nery of any claim shall be sustainable in any\n166\ncourt of law or equity unless all the requirements of this policy\n167\nshall have been complied with, and unless commenced within\n168\ntwo years next after inception of the loss.\n169\nSubrogation.\nThis Company may require from the insured\n170\nan assignment of all right of recovery against\n171\nany party for loss to the extent that payment therefor is made\n172\nby this Company.\nB. 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. hall 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.\nCode 1950, § 38-186; 1950, p. 994; 1952, c. 317, § 38.1-366; 1972, c. 115; 1979, c. 458; 1986, c. 562.
Virginia Legal Code