Rhode Island General Laws Title 27. Insurance § 27-5-3. Form of standard policy

1 Concealment,

This entire policy shall be void if, whether

2 fraud.

before or after a loss, the insured will-

3

fully concealed or misrepresented any material

4 fact or circumstance concerning this insurance or the subject

5 thereof, or the interest of the insured therein, or in the case of

6 any fraud or false swearing by the insured relating thereto.

7 Uninsurable

This policy shall not cover accounts, bills,

8 and excepted

currency, deeds, evidences of debt, money, or

9 property.

securities; nor, unless specifically named here-

10

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 an actual or an immediately

16 impending enemy attack; (b) invasion; (c) insurrection; (d)

17 rebellion; (e) revolution; (f) civil war; (g) usurped power; (h)

18 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 this 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-

25 Other Insurance.

Other insurance may be prohibited or the

26

amount of insurance may be limited by an

28 Conditions suspending or restricting insurance. Unless

29 otherwise provided in writing and added hereto this company or companies shall not

31(a)

While the hazard is increased by any means within the con-

32

33(b)

While a described building, whether intended for occupancy

34

by owner or tenant, is vacant or unoccupied beyond a period of

35

35A

thirty (30) consecutive days subsequent to the date on which an

35B

order is issued by the local building inspector pursuant to § 23-27.3-124.2,

35C

36(c)

As a result of explosion or riot, unless fire ensues, and in

37

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 in 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 and added hereto, but no

47 provision may be waived except such as by the terms of this

49 Waiver

No permission affecting this insurance shall

50 provisions.

exist, or waiver of any provision is valid,

51

unless granted herein or expressed in writing

52 and added hereto. No provision, stipulation, or forfeiture shall

53 be held to be waived by any requirement or proceeding on the

54 part of this company relating to appraisal or to any examina-

56 Cancellation

This policy shall be cancelled at any time

57 of policy.

at the request of the insured, in which case

58

this company shall, upon demand and sur-

59 render of this policy, refund the excess of the 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 thirty (30) days' written notice of cancellation except that when cancellation is for nonpayment of premium, a ten (10) days' written notice shall be required with

63 or without tender of the excess of the paid premium above the pro

64 rata premium for the expired time.

65 Notice of cancellation shall

66 state that the excess premium (if not tendered) will be promptly

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, that interest in

71

this policy may be cancelled by giving to that

72

mortgagee a ten (10) days' written notice of

74 If the insured fails to render proof of loss the 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 the pay-

80 ment of loss to the mortgagee, be subrogated to all the mort-

81 gagee's rights of recovery, but without impairing the 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 interests and obligations of the mortgagee may

86 Pro rata liability.

This company shall not be liable for a

87

greater proportion of any loss than the

88 amount hereby insured shall bear to the whole insurance cover-

89 ing the 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, forth with

93 separate the damaged and undamaged personal property, put

94 it in the best possible order, furnish a complete inventory of

95 the destroyed, damaged, and undamaged property, showing in

96 detail quantities, costs, actual cash value and amount of loss

97 claimed; and within sixty (60) days after the loss, unless such

98 time is extended in writing by this company, the insured shall

99 render to this company a proof of loss, signed and sworn to by

100 the insured, stating the knowledge and belief of the insured as to

101 the following: the time and origin of the loss, the interest of the

102 insured and of all others in the property, the actual cash value of

103 each item thereof and the amount of loss thereto, all encum-

104 brances thereon, all other contracts of insurance, whether valid

105 or not, covering any of the property, any changes in the title,

106 use, occupation, location, possession, or exposures of the prop-

107 erty since the issuing of this policy, and by whom and for what

108 purpose any building herein described and the several parts

109 thereof were occupied at the time of loss and whether or not it

110 then stood on leased ground, and shall furnish a copy of all the

111 descriptions and schedules in all policies and, if required, veri-

112 fied plans and specifications of any building, fixtures, or machin-

113 ery destroyed or damaged. The insured, as often as may be

114 reasonably required, shall exhibit to any person designated by

115 this company all that remains of any property herein described,

116 and submit to examinations under oath by any person named by

117 this company, and subscribe the same; and, as often as may be

118 reasonably required, shall produce for examination all books of

119 account, bills, invoices, and other vouchers, or certified copies

120 thereof if the originals are lost, at such reasonable time and place as

121 may be designated by this company or its representative, and

123 Appraisal.

In case the insured and this company shall

124

fail to agree as to the actual cash value or

125 the amount of loss, then, on the written demand of either, each

126 shall select a competent and disinterested appraiser and notify

127 the other of the appraiser selected within twenty (20) days of

128 that demand. The appraisers shall first select a competent and

129 disinterested umpire; and failing for fifteen (15) days to agree

130 upon the umpire, then, on request of the insured or this com-

131 pany, the umpire shall be selected by a judge of a court of

132 record in the state in which the property covered is located. The

133 appraisers shall then appraise the loss, stating separately actual

134 cash value and loss to each item; and, failing to agree, shall

135 submit their differences, only, to the umpire. An award in writ-

136 ing, so itemized, of any two (2) when filed with this company shall

137 determine the amount of actual cash value and loss. Each

138 appraiser shall be paid by the party selecting him or her and

139 the expenses of appraisal and the umpire shall be paid by

141 Company's

It shall be optional with this company to

142 options.

take all, or any part, of the property at the

143

agreed or appraised value, and also to re-

144 pair, rebuild, or replace the property destroyed or damaged with

145 another of like kind and quality within a reasonable time, on

146 giving notice of its intention so to do within thirty (30) days

148 Abandonment.

There can be no abandonment to this com-

149

150 When loss

The amount of loss for which this company

151 payable

may be liable shall be payable sixty (60)

152

days after proof of loss, as herein provided,

153 is received by this company and ascertainment of the loss is

154 made either by agreement between the insured and this com-

155 pany expressed in writing or by the filing with this company

157 Suit.

No suit or action on this policy for the recov-

158

ery of any claim shall be sustainable in any

159 court of law or equity unless all the requirements of this policy

160 shall have been complied with, and unless commenced within

162 Subrogation.

This company may require from the insured

163

164 against any party for loss to the extent that payment therefor