Virginia Administrative Code
Title 14 - INSURANCE
Agency 5 - STATE CORPORATION COMMISSION, BUREAU OF INSURANCE
Chapter 341 - RULES GOVERNING STANDARDS FOR THE CONTENT OF DWELLING PROPERTY INSURANCE POLICIES
Section 14VAC5-341-90 - Policy conditions
Universal Citation: 4 VA Admin Code 5-341-90
Current through Register Vol. 41, No. 3, September 23, 2024
A. Insurers shall include the following statutory conditions:
1. The nuclear clause set forth in §
38.2-2102 of the Code of Virginia;
2. The conditions set forth § 38.2-2104
of the Code of Virginia:
a. Assignment of the
policy.
b. The time that coverage
begins and ends.
3. The
conditions set forth in § 38.2-2105 of the Code of Virginia:
a. Abandonment.
b. Appraisal.
c. Mortgagee interests and
obligations.
d. Pro rata
liability.
e. Requirements in case
loss occurs.
f. Suit.
g. When loss payable.
B. Insurers shall include the following conditions:
1. If an insurer adopts
revisions of the forms or endorsements that would broaden coverage currently
provided without additional premium charge, the insurer shall automatically
apply the broadened coverage from the effective date of the
revisions.
2. If a named insured
dies, insurers shall modify the definition of insured as follows:
a. The named insured includes:
(1) The spouse, if not already a named
insured and if a resident of the household at the time of the death;
and
(2) The legal representative
with respect to the residence premises and property of the deceased insured at
the time of the death.
b.
Insured also includes:
(1) Members of the
deceased's household who were insured at the time of the named insured's death,
but only while residents of the residence premises; and
(2) Persons having proper temporary custody
of the insured property until the appointment and qualification of the legal
representative.
3. Insurers may not invalidate the policy if
the insured waives, in writing, before a loss any right of recovery against a
party for loss occurring on the residence premises. If not waived, the insurer
may require from the insured an assignment of all right of recovery against a
party for loss to the extent that the insurer made payment.
4. Terms or conditions in the policy that are
less favorable than those provided for in this chapter or the applicable
statutes are construed to conform to this chapter and those statutes.
5. Insurers shall include the relevant
termination provisions in §§ 38.2-2113 and 38.2-2114 of the Code of
Virginia in the policy. In addition, the following apply:
a. Return premium calculations resulting from
an insurer-initiated termination shall be pro rata.
b. Terminations for non-payment of premium
shall be calculated pro rata.
c.
Return premium calculations resulting from an insured-initiated termination may
be short rate except the penalty may not be more than 10% of the pro rata
premium for the expired time.
d.
Insurers may not refuse to renew the policy except in accordance with the
provisions of §§ 38.2-2113 and 38.2-2114 of the Code of
Virginia.
C. Insurers may include any of the following conditions. Insurers may:
1. Restrict the application of the policy to
loss during the policy term.
2.
Void the entire policy (i) if, whether before or after the loss, an insured has
willfully concealed or misrepresented any material fact or circumstance
concerning the insurance or the interest of the insured in the insurance or
(ii) in the case of fraud or false swearing by the insured relating to the
insurance.
3. Require the insured
to notify the police if loss is by theft.
4. Require that coverage under the policy is
excess over a service agreement, home warranty, or similar service
warranty.
5. Require that a bailee
for hire may not benefit under the policy.
6. Elect to waive a policy provision. Any
waiver of a policy provision by the insurer must be in writing.
7. Exclude coverage, refuse to pay claims, or
refuse to provide benefits under a policy if those actions would expose the
insurer to a violation of applicable trade or economic sanctions, laws, or
regulations, including those administered and enforced by the U.S. Treasury
Department's Office of Foreign Assets Control.
Statutory Authority: §§ 12.1-13, 38.2-223, and 38.2-2108 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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