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 thev |
|
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