6010. (a) The following is adopted as the standard form of county
mutual fire insurer's policy for this state:
CALIFORNIA STANDARD FORM OF COUNTY FIRE INSURANCE 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 the
policy.)
(Space for listing amounts of insurance, rates and premiums for
the basic coverages insured under the standard form of policy and for
additional coverages or perils insured under endorsements attached.)
In consideration of the provisions and stipulations herein or
added hereto, of the obligations herein and in the application, and
of ____ dollars premium this company, for the term of ________
from the ________________ day of ) at 12:01
____________, 20______________ a.m.,
to the ________________ day of ) standard
___________, 20_______________ time,
at location of property involved, to an amount not exceeding ____
dollars, does accept as a member and insure ____ and legal
representatives, to the extent of the actual cash value of the
property at the time of loss, but not exceeding the amount which it
would cost to repair or replace the property with material of like
kind and quality within a reasonable time after such loss, without
allowance for any increased cost of repair or reconstruction by
reason of any ordinance or law regulating construction or repair, and
without compensation for loss resulting from interruption of
business or manufacture, nor in any event for more than the interest
of the insured, against all LOSS BY FIRE, LIGHTNING AND BY REMOVAL
FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS
POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described
hereinafter while located or contained as described in this policy,
or pro rata for five days at each proper place to which any of the
property shall necessarily be removed for preservation from the
perils insured against in this policy, but not elsewhere.
For a more particular description, and as forming a part of this
policy, reference is had to application No. ___ on file in the office
of this company.
This policy is made and accepted subject to the foregoing
provisions and stipulations and those hereinafter stated, which are
hereby made a part of this policy, together with such other
provisions, stipulations and agreements as may be added hereto, as
provided in this policy.
The charter and bylaws of this company are to be resorted to and
used to explain the rights and obligations of the parties hereto in
all cases not herein otherwise specially provided for, and are hereby
made a part of this policy. This policy is made and accepted upon
the above expressed condition.
IN WITNESS WHEREOF, this company has executed and attested these
presents; but this policy shall not be valid unless countersigned by
the duly authorized secretary of this company at ____.
_____________ _____________________________
_______ ________________
Secreta President.
ry.
Countersigned this ________________________ day
of ____________, 20_______.
_________________________Secretary.
Concealment, fraud
This entire policy shall be void if, whether before or after a
loss, the insured has willfully concealed or misrepresented any
material fact or circumstance concerning this insurance or the
subject thereof, or the interest of the insured therein, or in case
of any fraud or false swearing by the insured relating thereto.
Uninsurable and excepted property
This policy shall not cover accounts, bills, currency, deeds,
evidences of debt, money or securities; nor, unless specifically
named hereon in writing, bullion or manuscripts.
Perils not included
This company shall not be liable for loss by fire or other perils
insured against in this policy caused, directly or indirectly, by:
(a) enemy attack by armed forces, including action taken by military,
naval or air forces in resisting an actual or an immediately
impending enemy attack; (b) invasion; (c) insurrection; (d)
rebellion; (e) revolution; (f) civil war; (g) usurped power; (h)
order of any civil authority except acts of destruction at the time
of and for the purpose of preventing the spread of fire; provided,
that such fire did not originate from any of the perils excluded by
this policy; (i) neglect of the insured to use all reasonable means
to save and preserve the property at and after a loss, or when the
property is endangered by fire in neighboring premises; (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 attached hereto.
Conditions suspending or restricting insurance
Unless otherwise provided in writing added hereto this company
shall not be liable for loss occurring (a) while the hazard is
increased by any means within the control or knowledge of the
insured; or (b) while a described building, whether intended for
occupancy by owner or tenant, is vacant or unoccupied beyond a period
of 60 consecutive days; or (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 by endorsement 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 this company in case of loss, and
any other provision or agreement not inconsistent with the provisions
of this policy, may be provided for in writing added hereto, but no
provision may be waived except such as by the terms of this policy or
by statute is subject to change.
Waiver provisions
No permission affecting this insurance shall exist, or waiver of
any provision be valid, unless granted herein or expressed in writing
added hereto. No provision, stipulation or forfeiture shall be held
to be waived by any requirement or proceeding on the part of this
company relating to appraisal or to any examination provided for
herein.
Cancellation of policy
This policy may be canceled and the insured as a member of this
company may withdraw therefrom by the insured surrendering his policy
for cancellation at any time during the life of the policy and while
the company continues the business for which it was organized, by
giving notice in writing to the company and by paying such
obligations as may have accrued against him on the day of
cancellation. This policy may be canceled at any time by this company
by giving to the insured 20 days' written notice of cancellation
with or without tender of the excess of paid premium above the pro
rata premium for the expired time, which excess, if not tendered,
shall be refunded on demand. Notice of cancellation shall state that
said excess premium (if not tendered) will be refunded on demand. If
the reason for cancellation is nonpayment of premium, this policy may
be canceled by this company by giving to the insured a 10 days'
written notice of cancellation.
Assignment
This company may give its consent in writing allowing the
assignment of this policy upon the bona fide sale of the property
insured herein; provided, within 30 days from the transfer of the
title to the within property and upon the assignment thereof such
purchaser or his agent signs an agreement becoming a member and
accepting the conditions of the within policy; otherwise this policy
to be null and void, except as to holders of a mortgage or deed of
trust.
Mortgagee interests and obligations
If loss hereunder is made payable, in whole or in part, to a
designated mortgagee not named herein as the insured, such interest
in this policy may be canceled by giving to such mortgagee a 10 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
within 60 days thereafter and shall be subject to the provisions
hereof relating to appraisal and time of payment and of bringing
suit. If this company shall claim that no liability existed as to the
mortgagor or owner, it shall, to the extent of payment of loss to
the mortgagee, be subrogated to all the mortgagee's rights of
recovery, but without impairing mortgagee's right to sue; or it may
pay off the mortgage debt and require an assignment thereof and of
the mortgage. Other provisions relating to the interests and
obligations of 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 bear to the whole insurance
covering the property against the peril involved, whether
collectible or not.
Requirements in case loss occurs
The insured shall give written notice to this company of any loss
without unnecessary delay, protect the property from further damage,
forthwith separate the damaged and undamaged personal property, put
it in the best possible order, furnish a complete inventory of the
destroyed, damaged and undamaged property, showing in detail
quantities, costs, actual cash value and amount of loss claimed; and
within 60 days after the loss, unless such time is extended in
writing by this company, the insured shall render to this company a
proof of loss, signed and sworn to by the insured, stating the
knowledge and belief of the insured as to the following: The time and
origin of the loss, the interest of the insured and of all others in
the property, the actual cash value of each item thereof and the
amount of loss thereto, all encumbrances thereon, all other contracts
of insurance, whether valid or not, covering any of said property,
any changes in the title, use, occupation, location, possession or
exposures of said property since the issuing of this policy, by whom
and for what purpose any building herein described and the several
parts thereof were occupied at the time of loss and whether or not it
then stood on leased ground, and shall furnish a copy of all the
descriptions and schedules in all policies and, if required and
obtainable, verified plans and specifications of any building,
fixtures or machinery destroyed or damaged. The insured, as often as
may be reasonably required, shall exhibit to any person designated by
this company all that remains of any property herein described, and
submit to examinations under oath by any person named by this
company, and subscribe the same; and, as often as may be reasonably
required, shall produce for examination all books of account, bills,
invoices and other vouchers, or certified copies thereof if originals
be lost, at such reasonable time and place as may be designated by
this company or its representative, and shall permit extracts and
copies 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, on the written demand
of either, each shall select a competent and disinterested appraiser
and notify the other of the appraiser selected within 20 days of
such demand. The appraisers shall first select a competent and
disinterested umpire; and failing for 15 days to agree upon such
umpire, then, on request of the insured or this company, such umpire
shall be selected by a judge of a court of record in the state in
which the property covered is located. The appraisers shall then
appraise the loss, stating separately actual cash value and loss to
each item; and, failing to agree, shall submit their differences,
only, to the umpire. An award in writing, so itemized, of any two
when filed with this company shall determine the amount of actual
cash value and loss. Each appraiser shall be paid by the party
selecting him and the expenses of appraisal 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 appraised value, and also to repair,
rebuild or replace the property destroyed or damaged with other of
like kind and quality within a reasonable time, on giving notice of
its intention so to do within 30 days after the receipt of the proof
of loss herein required.
Abandonment
There can be no abandonment to this company of any property.
When loss payable
Except where assessment is required as hereinafter provided, the
amount of loss for which this company may be liable shall be payable
60 days after proof of loss, as herein provided, is received by this
company and ascertainment of the loss is made either by agreement
between the insured and this company expressed in writing or by the
filing with this company of an award as herein provided.
Assessment for deficiency
When the amount of any loss shall have been ascertained, which
exceeds in amount the cash funds of the company, the president shall
convene the directors of this company, who shall proceed in the
manner provided by Article 8 of Chapter 5 of Part 1 of Division 2 of
the Insurance Code of the State of California.
Notice of assessment
It shall be the duty of the secretary, whenever assessment shall
have been made, to immediately notify every person holding a risk in
this company, personally, by an agent, or by letter directed to his
usual post office address, of the amount of such loss, and the sum
due from him, as his share thereof, and of the time and to whom such
payment is made; but such time shall not be less than 30 days, nor
more than 90 days from date of such notice. No assessment or
assessments can be levied under this policy in excess of three times
the premium named herein.
Action for neglect or refusal to pay assessments
An action may be brought against the member whose property is
insured herein and this policy is automatically suspended if the
insured shall not have paid, before it is delinquent, his portion of
any assessment levied or other liability due this company for a
period in excess of 90 days. The directors of this company who shall
willfully refuse or neglect to perform the duties imposed upon them
by law or the bylaws of the company, shall be liable in their
individual capacity to the person sustaining such loss. An action may
also be brought and maintained against this company by members
thereof for losses sustained if payment is withheld after the amount
of such losses have been determined and is due by the terms of the
policy.
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 all the
requirements of this policy shall have been complied with, and unless
commenced within 12 months next after inception of the loss.
Subrogation
This company may require from the insured an assignment of all
right of recovery against any party for loss to the extent that
payment therefor is made by this company.
(b) The amendments to this section made by the act adding this
subdivision shall govern a policy utilizing the form provided in
subdivision (a) when that policy is originated or renewed on and
after January 1, 2004.
6010.5. The policy is not required to be used for reinsurance
between insurers.
6011. Either the blanks in the standard form or those in an
endorsement attached thereto shall be appropriately filled. The first
page of the policy or an endorsement attached thereto may be
arranged to show in schedule form the amounts of insurance, rates and
premiums for the basic coverages insured under the standard form of
policy and additional coverages or perils insured under endorsements
attached, and such other data as may be conveniently included for
duplication on daily reports for office records.
If such a schedule clearly shows the amount at risk, the rate, and
the premium in respect of fire insurance, the words, "the above
specified" may be inserted in the blanks preceding the word "dollars"
in the two places in which "dollars" appears in that portion of the
standard form which precedes the countersignature clause, or in
identical blanks in an endorsement attached to the standard form and
containing the paragraph in the standard form in which the blanks
appear.
6011.5. In lieu of showing the term of coverage in the form set
forth in Section 6010, the standard form policy may show the term in
any form which clearly states the period during which the insurance
is to continue. The period shall begin and end on specified dates at
12:01 a.m., standard time, at the location of the property involved.
An example of permissible method of showing the term is:
"___________ for the term of
from At 12:01 a.m.
(Standard Time)
to
At 12:01 a.m.
(Standard Time)
at location of property involved,
__________________________________"
6011.6. In lieu of the attestation clause and official signatures
in the form as set forth in Section 6010, the standard form policy
may show, immediately following the policy provisions, the following:
"In witness whereof, this company has executed and attested these
presents; but this policy shall not be valid unless countersigned by
the duly authorized secretary of this company at ______.
Secretary President"
6012. By special agreement indorsed on the policy or added thereto,
the provisions regarding appraisement or apportionment of loss may
be waived and the valuations of all or any of the insured property in
case of total loss may be agreed upon in advance of loss.
6013. The standard form of policy shall be plainly printed. The
type shall not be smaller than eight-point and in a style not less
legible than Century and subheads shall be in type larger than
eight-point and in a style not less legible than Century. The lines
of the policy following the countersignature clause shall be numbered
consecutively.
6014. All county mutual fire insurance policies on subject matter
in this State shall be on the county mutual standard form and, except
as provided by this article, shall not contain additions thereto.
Except as provided in Section 6017, no part of the standard form
shall be omitted from the policy.
6015. The insurer may add to the policy any matter relating to its
financial condition, directors, officers, members and history, and
the address of its home office and principal office in the State.
6016. Clauses may be added to the policy providing for and defining
the rights, duties and obligations of mortgagees, assignees, and
other parties having an interest in, right to or lien upon the
insured subject matter.
6017. Insurers authorized to limit or eliminate their assessment
liability in accordance with the terms of this chapter may make such
changes in the standard form as will properly accomplish that
purpose.
6017.5. Insurers authorized to eliminate their assessment liability
in accordance with the terms of this chapter may use the California
standard form insurance policy in lieu of the standard form
prescribed in this chapter.
6018. No clause shall be inserted nor rider attached affecting the
standard form liability of the insurer for loss or damage by fire
occasioned either directly or indirectly by earthquake, hurricane,
volcanic action or other disturbance of nature, unless such rider or
clause is printed in red ink in type larger than pica or in capital
letters measuring not less than eight one-hundredths (8/100's) of an
inch in height, and unless there is printed at the head of the policy
in red ink and in large bold-faced type the words: "This policy
contains limitations of liability not permitted in the California
standard form."
6019. Clauses may be added to the policy:
(a) Covering property and risks not otherwise covered; provided
that clauses covering loss or damage caused by nuclear reaction,
nuclear radiation or radioactive contamination, all whether directly
or indirectly resulting from an insured peril under the standard
policy issued pursuant to Section 6010 may be insured under said
policy only by a written endorsement providing such insurance, with
such endorsement affixed to said standard policy.
(b) Assuming greater liability than is otherwise imposed on the
insurer.
(c) Granting the insured permits and privileges not otherwise
provided.
(d) Waivers of any of the matters voiding the policy or suspending
the insurance.
(e) Waivers of any of the requirements imposed on the insured
after loss.
6020. Except as otherwise provided by this article, clauses may be
attached, by separate riders in type larger than pica or in capital
letters measuring not less than eight one-hundredths (8/100's) of an
inch in height, to the policy, imposing specified duties and
obligations upon the insured and limiting the liability of the
insurer.
6021. It is a misdemeanor for any insurer or its agent to
countersign or issue a county mutual fire insurance policy covering
in whole or part subject-matter in this State in violation of this
article. Any policy so issued shall notwithstanding be binding upon
the issuing insurer.
6010. (a) The following is adopted as the standard form of county
mutual fire insurer's policy for this state:
CALIFORNIA STANDARD FORM OF COUNTY FIRE INSURANCE 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 the
policy.)
(Space for listing amounts of insurance, rates and premiums for
the basic coverages insured under the standard form of policy and for
additional coverages or perils insured under endorsements attached.)
In consideration of the provisions and stipulations herein or
added hereto, of the obligations herein and in the application, and
of ____ dollars premium this company, for the term of ________
from the ________________ day of ) at 12:01
____________, 20______________ a.m.,
to the ________________ day of ) standard
___________, 20_______________ time,
at location of property involved, to an amount not exceeding ____
dollars, does accept as a member and insure ____ and legal
representatives, to the extent of the actual cash value of the
property at the time of loss, but not exceeding the amount which it
would cost to repair or replace the property with material of like
kind and quality within a reasonable time after such loss, without
allowance for any increased cost of repair or reconstruction by
reason of any ordinance or law regulating construction or repair, and
without compensation for loss resulting from interruption of
business or manufacture, nor in any event for more than the interest
of the insured, against all LOSS BY FIRE, LIGHTNING AND BY REMOVAL
FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS
POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described
hereinafter while located or contained as described in this policy,
or pro rata for five days at each proper place to which any of the
property shall necessarily be removed for preservation from the
perils insured against in this policy, but not elsewhere.
For a more particular description, and as forming a part of this
policy, reference is had to application No. ___ on file in the office
of this company.
This policy is made and accepted subject to the foregoing
provisions and stipulations and those hereinafter stated, which are
hereby made a part of this policy, together with such other
provisions, stipulations and agreements as may be added hereto, as
provided in this policy.
The charter and bylaws of this company are to be resorted to and
used to explain the rights and obligations of the parties hereto in
all cases not herein otherwise specially provided for, and are hereby
made a part of this policy. This policy is made and accepted upon
the above expressed condition.
IN WITNESS WHEREOF, this company has executed and attested these
presents; but this policy shall not be valid unless countersigned by
the duly authorized secretary of this company at ____.
_____________ _____________________________
_______ ________________
Secreta President.
ry.
Countersigned this ________________________ day
of ____________, 20_______.
_________________________Secretary.
Concealment, fraud
This entire policy shall be void if, whether before or after a
loss, the insured has willfully concealed or misrepresented any
material fact or circumstance concerning this insurance or the
subject thereof, or the interest of the insured therein, or in case
of any fraud or false swearing by the insured relating thereto.
Uninsurable and excepted property
This policy shall not cover accounts, bills, currency, deeds,
evidences of debt, money or securities; nor, unless specifically
named hereon in writing, bullion or manuscripts.
Perils not included
This company shall not be liable for loss by fire or other perils
insured against in this policy caused, directly or indirectly, by:
(a) enemy attack by armed forces, including action taken by military,
naval or air forces in resisting an actual or an immediately
impending enemy attack; (b) invasion; (c) insurrection; (d)
rebellion; (e) revolution; (f) civil war; (g) usurped power; (h)
order of any civil authority except acts of destruction at the time
of and for the purpose of preventing the spread of fire; provided,
that such fire did not originate from any of the perils excluded by
this policy; (i) neglect of the insured to use all reasonable means
to save and preserve the property at and after a loss, or when the
property is endangered by fire in neighboring premises; (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 attached hereto.
Conditions suspending or restricting insurance
Unless otherwise provided in writing added hereto this company
shall not be liable for loss occurring (a) while the hazard is
increased by any means within the control or knowledge of the
insured; or (b) while a described building, whether intended for
occupancy by owner or tenant, is vacant or unoccupied beyond a period
of 60 consecutive days; or (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 by endorsement 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 this company in case of loss, and
any other provision or agreement not inconsistent with the provisions
of this policy, may be provided for in writing added hereto, but no
provision may be waived except such as by the terms of this policy or
by statute is subject to change.
Waiver provisions
No permission affecting this insurance shall exist, or waiver of
any provision be valid, unless granted herein or expressed in writing
added hereto. No provision, stipulation or forfeiture shall be held
to be waived by any requirement or proceeding on the part of this
company relating to appraisal or to any examination provided for
herein.
Cancellation of policy
This policy may be canceled and the insured as a member of this
company may withdraw therefrom by the insured surrendering his policy
for cancellation at any time during the life of the policy and while
the company continues the business for which it was organized, by
giving notice in writing to the company and by paying such
obligations as may have accrued against him on the day of
cancellation. This policy may be canceled at any time by this company
by giving to the insured 20 days' written notice of cancellation
with or without tender of the excess of paid premium above the pro
rata premium for the expired time, which excess, if not tendered,
shall be refunded on demand. Notice of cancellation shall state that
said excess premium (if not tendered) will be refunded on demand. If
the reason for cancellation is nonpayment of premium, this policy may
be canceled by this company by giving to the insured a 10 days'
written notice of cancellation.
Assignment
This company may give its consent in writing allowing the
assignment of this policy upon the bona fide sale of the property
insured herein; provided, within 30 days from the transfer of the
title to the within property and upon the assignment thereof such
purchaser or his agent signs an agreement becoming a member and
accepting the conditions of the within policy; otherwise this policy
to be null and void, except as to holders of a mortgage or deed of
trust.
Mortgagee interests and obligations
If loss hereunder is made payable, in whole or in part, to a
designated mortgagee not named herein as the insured, such interest
in this policy may be canceled by giving to such mortgagee a 10 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
within 60 days thereafter and shall be subject to the provisions
hereof relating to appraisal and time of payment and of bringing
suit. If this company shall claim that no liability existed as to the
mortgagor or owner, it shall, to the extent of payment of loss to
the mortgagee, be subrogated to all the mortgagee's rights of
recovery, but without impairing mortgagee's right to sue; or it may
pay off the mortgage debt and require an assignment thereof and of
the mortgage. Other provisions relating to the interests and
obligations of 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 bear to the whole insurance
covering the property against the peril involved, whether
collectible or not.
Requirements in case loss occurs
The insured shall give written notice to this company of any loss
without unnecessary delay, protect the property from further damage,
forthwith separate the damaged and undamaged personal property, put
it in the best possible order, furnish a complete inventory of the
destroyed, damaged and undamaged property, showing in detail
quantities, costs, actual cash value and amount of loss claimed; and
within 60 days after the loss, unless such time is extended in
writing by this company, the insured shall render to this company a
proof of loss, signed and sworn to by the insured, stating the
knowledge and belief of the insured as to the following: The time and
origin of the loss, the interest of the insured and of all others in
the property, the actual cash value of each item thereof and the
amount of loss thereto, all encumbrances thereon, all other contracts
of insurance, whether valid or not, covering any of said property,
any changes in the title, use, occupation, location, possession or
exposures of said property since the issuing of this policy, by whom
and for what purpose any building herein described and the several
parts thereof were occupied at the time of loss and whether or not it
then stood on leased ground, and shall furnish a copy of all the
descriptions and schedules in all policies and, if required and
obtainable, verified plans and specifications of any building,
fixtures or machinery destroyed or damaged. The insured, as often as
may be reasonably required, shall exhibit to any person designated by
this company all that remains of any property herein described, and
submit to examinations under oath by any person named by this
company, and subscribe the same; and, as often as may be reasonably
required, shall produce for examination all books of account, bills,
invoices and other vouchers, or certified copies thereof if originals
be lost, at such reasonable time and place as may be designated by
this company or its representative, and shall permit extracts and
copies 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, on the written demand
of either, each shall select a competent and disinterested appraiser
and notify the other of the appraiser selected within 20 days of
such demand. The appraisers shall first select a competent and
disinterested umpire; and failing for 15 days to agree upon such
umpire, then, on request of the insured or this company, such umpire
shall be selected by a judge of a court of record in the state in
which the property covered is located. The appraisers shall then
appraise the loss, stating separately actual cash value and loss to
each item; and, failing to agree, shall submit their differences,
only, to the umpire. An award in writing, so itemized, of any two
when filed with this company shall determine the amount of actual
cash value and loss. Each appraiser shall be paid by the party
selecting him and the expenses of appraisal 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 appraised value, and also to repair,
rebuild or replace the property destroyed or damaged with other of
like kind and quality within a reasonable time, on giving notice of
its intention so to do within 30 days after the receipt of the proof
of loss herein required.
Abandonment
There can be no abandonment to this company of any property.
When loss payable
Except where assessment is required as hereinafter provided, the
amount of loss for which this company may be liable shall be payable
60 days after proof of loss, as herein provided, is received by this
company and ascertainment of the loss is made either by agreement
between the insured and this company expressed in writing or by the
filing with this company of an award as herein provided.
Assessment for deficiency
When the amount of any loss shall have been ascertained, which
exceeds in amount the cash funds of the company, the president shall
convene the directors of this company, who shall proceed in the
manner provided by Article 8 of Chapter 5 of Part 1 of Division 2 of
the Insurance Code of the State of California.
Notice of assessment
It shall be the duty of the secretary, whenever assessment shall
have been made, to immediately notify every person holding a risk in
this company, personally, by an agent, or by letter directed to his
usual post office address, of the amount of such loss, and the sum
due from him, as his share thereof, and of the time and to whom such
payment is made; but such time shall not be less than 30 days, nor
more than 90 days from date of such notice. No assessment or
assessments can be levied under this policy in excess of three times
the premium named herein.
Action for neglect or refusal to pay assessments
An action may be brought against the member whose property is
insured herein and this policy is automatically suspended if the
insured shall not have paid, before it is delinquent, his portion of
any assessment levied or other liability due this company for a
period in excess of 90 days. The directors of this company who shall
willfully refuse or neglect to perform the duties imposed upon them
by law or the bylaws of the company, shall be liable in their
individual capacity to the person sustaining such loss. An action may
also be brought and maintained against this company by members
thereof for losses sustained if payment is withheld after the amount
of such losses have been determined and is due by the terms of the
policy.
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 all the
requirements of this policy shall have been complied with, and unless
commenced within 12 months next after inception of the loss.
Subrogation
This company may require from the insured an assignment of all
right of recovery against any party for loss to the extent that
payment therefor is made by this company.
(b) The amendments to this section made by the act adding this
subdivision shall govern a policy utilizing the form provided in
subdivision (a) when that policy is originated or renewed on and
after January 1, 2004.
6010.5. The policy is not required to be used for reinsurance
between insurers.
6011. Either the blanks in the standard form or those in an
endorsement attached thereto shall be appropriately filled. The first
page of the policy or an endorsement attached thereto may be
arranged to show in schedule form the amounts of insurance, rates and
premiums for the basic coverages insured under the standard form of
policy and additional coverages or perils insured under endorsements
attached, and such other data as may be conveniently included for
duplication on daily reports for office records.
If such a schedule clearly shows the amount at risk, the rate, and
the premium in respect of fire insurance, the words, "the above
specified" may be inserted in the blanks preceding the word "dollars"
in the two places in which "dollars" appears in that portion of the
standard form which precedes the countersignature clause, or in
identical blanks in an endorsement attached to the standard form and
containing the paragraph in the standard form in which the blanks
appear.
6011.5. In lieu of showing the term of coverage in the form set
forth in Section 6010, the standard form policy may show the term in
any form which clearly states the period during which the insurance
is to continue. The period shall begin and end on specified dates at
12:01 a.m., standard time, at the location of the property involved.
An example of permissible method of showing the term is:
"___________ for the term of
from At 12:01 a.m.
(Standard Time)
to
At 12:01 a.m.
(Standard Time)
at location of property involved,
__________________________________"
6011.6. In lieu of the attestation clause and official signatures
in the form as set forth in Section 6010, the standard form policy
may show, immediately following the policy provisions, the following:
"In witness whereof, this company has executed and attested these
presents; but this policy shall not be valid unless countersigned by
the duly authorized secretary of this company at ______.
Secretary President"
6012. By special agreement indorsed on the policy or added thereto,
the provisions regarding appraisement or apportionment of loss may
be waived and the valuations of all or any of the insured property in
case of total loss may be agreed upon in advance of loss.
6013. The standard form of policy shall be plainly printed. The
type shall not be smaller than eight-point and in a style not less
legible than Century and subheads shall be in type larger than
eight-point and in a style not less legible than Century. The lines
of the policy following the countersignature clause shall be numbered
consecutively.
6014. All county mutual fire insurance policies on subject matter
in this State shall be on the county mutual standard form and, except
as provided by this article, shall not contain additions thereto.
Except as provided in Section 6017, no part of the standard form
shall be omitted from the policy.
6015. The insurer may add to the policy any matter relating to its
financial condition, directors, officers, members and history, and
the address of its home office and principal office in the State.
6016. Clauses may be added to the policy providing for and defining
the rights, duties and obligations of mortgagees, assignees, and
other parties having an interest in, right to or lien upon the
insured subject matter.
6017. Insurers authorized to limit or eliminate their assessment
liability in accordance with the terms of this chapter may make such
changes in the standard form as will properly accomplish that
purpose.
6017.5. Insurers authorized to eliminate their assessment liability
in accordance with the terms of this chapter may use the California
standard form insurance policy in lieu of the standard form
prescribed in this chapter.
6018. No clause shall be inserted nor rider attached affecting the
standard form liability of the insurer for loss or damage by fire
occasioned either directly or indirectly by earthquake, hurricane,
volcanic action or other disturbance of nature, unless such rider or
clause is printed in red ink in type larger than pica or in capital
letters measuring not less than eight one-hundredths (8/100's) of an
inch in height, and unless there is printed at the head of the policy
in red ink and in large bold-faced type the words: "This policy
contains limitations of liability not permitted in the California
standard form."
6019. Clauses may be added to the policy:
(a) Covering property and risks not otherwise covered; provided
that clauses covering loss or damage caused by nuclear reaction,
nuclear radiation or radioactive contamination, all whether directly
or indirectly resulting from an insured peril under the standard
policy issued pursuant to Section 6010 may be insured under said
policy only by a written endorsement providing such insurance, with
such endorsement affixed to said standard policy.
(b) Assuming greater liability than is otherwise imposed on the
insurer.
(c) Granting the insured permits and privileges not otherwise
provided.
(d) Waivers of any of the matters voiding the policy or suspending
the insurance.
(e) Waivers of any of the requirements imposed on the insured
after loss.
6020. Except as otherwise provided by this article, clauses may be
attached, by separate riders in type larger than pica or in capital
letters measuring not less than eight one-hundredths (8/100's) of an
inch in height, to the policy, imposing specified duties and
obligations upon the insured and limiting the liability of the
insurer.
6021. It is a misdemeanor for any insurer or its agent to
countersign or issue a county mutual fire insurance policy covering
in whole or part subject-matter in this State in violation of this
article. Any policy so issued shall notwithstanding be binding upon
the issuing insurer.
6010. (a) The following is adopted as the standard form of county
mutual fire insurer's policy for this state:
CALIFORNIA STANDARD FORM OF COUNTY FIRE INSURANCE 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 the
policy.)
(Space for listing amounts of insurance, rates and premiums for
the basic coverages insured under the standard form of policy and for
additional coverages or perils insured under endorsements attached.)
In consideration of the provisions and stipulations herein or
added hereto, of the obligations herein and in the application, and
of ____ dollars premium this company, for the term of ________
from the ________________ day of ) at 12:01
____________, 20______________ a.m.,
to the ________________ day of ) standard
___________, 20_______________ time,
at location of property involved, to an amount not exceeding ____
dollars, does accept as a member and insure ____ and legal
representatives, to the extent of the actual cash value of the
property at the time of loss, but not exceeding the amount which it
would cost to repair or replace the property with material of like
kind and quality within a reasonable time after such loss, without
allowance for any increased cost of repair or reconstruction by
reason of any ordinance or law regulating construction or repair, and
without compensation for loss resulting from interruption of
business or manufacture, nor in any event for more than the interest
of the insured, against all LOSS BY FIRE, LIGHTNING AND BY REMOVAL
FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS
POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described
hereinafter while located or contained as described in this policy,
or pro rata for five days at each proper place to which any of the
property shall necessarily be removed for preservation from the
perils insured against in this policy, but not elsewhere.
For a more particular description, and as forming a part of this
policy, reference is had to application No. ___ on file in the office
of this company.
This policy is made and accepted subject to the foregoing
provisions and stipulations and those hereinafter stated, which are
hereby made a part of this policy, together with such other
provisions, stipulations and agreements as may be added hereto, as
provided in this policy.
The charter and bylaws of this company are to be resorted to and
used to explain the rights and obligations of the parties hereto in
all cases not herein otherwise specially provided for, and are hereby
made a part of this policy. This policy is made and accepted upon
the above expressed condition.
IN WITNESS WHEREOF, this company has executed and attested these
presents; but this policy shall not be valid unless countersigned by
the duly authorized secretary of this company at ____.
_____________ _____________________________
_______ ________________
Secreta President.
ry.
Countersigned this ________________________ day
of ____________, 20_______.
_________________________Secretary.
Concealment, fraud
This entire policy shall be void if, whether before or after a
loss, the insured has willfully concealed or misrepresented any
material fact or circumstance concerning this insurance or the
subject thereof, or the interest of the insured therein, or in case
of any fraud or false swearing by the insured relating thereto.
Uninsurable and excepted property
This policy shall not cover accounts, bills, currency, deeds,
evidences of debt, money or securities; nor, unless specifically
named hereon in writing, bullion or manuscripts.
Perils not included
This company shall not be liable for loss by fire or other perils
insured against in this policy caused, directly or indirectly, by:
(a) enemy attack by armed forces, including action taken by military,
naval or air forces in resisting an actual or an immediately
impending enemy attack; (b) invasion; (c) insurrection; (d)
rebellion; (e) revolution; (f) civil war; (g) usurped power; (h)
order of any civil authority except acts of destruction at the time
of and for the purpose of preventing the spread of fire; provided,
that such fire did not originate from any of the perils excluded by
this policy; (i) neglect of the insured to use all reasonable means
to save and preserve the property at and after a loss, or when the
property is endangered by fire in neighboring premises; (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 attached hereto.
Conditions suspending or restricting insurance
Unless otherwise provided in writing added hereto this company
shall not be liable for loss occurring (a) while the hazard is
increased by any means within the control or knowledge of the
insured; or (b) while a described building, whether intended for
occupancy by owner or tenant, is vacant or unoccupied beyond a period
of 60 consecutive days; or (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 by endorsement 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 this company in case of loss, and
any other provision or agreement not inconsistent with the provisions
of this policy, may be provided for in writing added hereto, but no
provision may be waived except such as by the terms of this policy or
by statute is subject to change.
Waiver provisions
No permission affecting this insurance shall exist, or waiver of
any provision be valid, unless granted herein or expressed in writing
added hereto. No provision, stipulation or forfeiture shall be held
to be waived by any requirement or proceeding on the part of this
company relating to appraisal or to any examination provided for
herein.
Cancellation of policy
This policy may be canceled and the insured as a member of this
company may withdraw therefrom by the insured surrendering his policy
for cancellation at any time during the life of the policy and while
the company continues the business for which it was organized, by
giving notice in writing to the company and by paying such
obligations as may have accrued against him on the day of
cancellation. This policy may be canceled at any time by this company
by giving to the insured 20 days' written notice of cancellation
with or without tender of the excess of paid premium above the pro
rata premium for the expired time, which excess, if not tendered,
shall be refunded on demand. Notice of cancellation shall state that
said excess premium (if not tendered) will be refunded on demand. If
the reason for cancellation is nonpayment of premium, this policy may
be canceled by this company by giving to the insured a 10 days'
written notice of cancellation.
Assignment
This company may give its consent in writing allowing the
assignment of this policy upon the bona fide sale of the property
insured herein; provided, within 30 days from the transfer of the
title to the within property and upon the assignment thereof such
purchaser or his agent signs an agreement becoming a member and
accepting the conditions of the within policy; otherwise this policy
to be null and void, except as to holders of a mortgage or deed of
trust.
Mortgagee interests and obligations
If loss hereunder is made payable, in whole or in part, to a
designated mortgagee not named herein as the insured, such interest
in this policy may be canceled by giving to such mortgagee a 10 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
within 60 days thereafter and shall be subject to the provisions
hereof relating to appraisal and time of payment and of bringing
suit. If this company shall claim that no liability existed as to the
mortgagor or owner, it shall, to the extent of payment of loss to
the mortgagee, be subrogated to all the mortgagee's rights of
recovery, but without impairing mortgagee's right to sue; or it may
pay off the mortgage debt and require an assignment thereof and of
the mortgage. Other provisions relating to the interests and
obligations of 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 bear to the whole insurance
covering the property against the peril involved, whether
collectible or not.
Requirements in case loss occurs
The insured shall give written notice to this company of any loss
without unnecessary delay, protect the property from further damage,
forthwith separate the damaged and undamaged personal property, put
it in the best possible order, furnish a complete inventory of the
destroyed, damaged and undamaged property, showing in detail
quantities, costs, actual cash value and amount of loss claimed; and
within 60 days after the loss, unless such time is extended in
writing by this company, the insured shall render to this company a
proof of loss, signed and sworn to by the insured, stating the
knowledge and belief of the insured as to the following: The time and
origin of the loss, the interest of the insured and of all others in
the property, the actual cash value of each item thereof and the
amount of loss thereto, all encumbrances thereon, all other contracts
of insurance, whether valid or not, covering any of said property,
any changes in the title, use, occupation, location, possession or
exposures of said property since the issuing of this policy, by whom
and for what purpose any building herein described and the several
parts thereof were occupied at the time of loss and whether or not it
then stood on leased ground, and shall furnish a copy of all the
descriptions and schedules in all policies and, if required and
obtainable, verified plans and specifications of any building,
fixtures or machinery destroyed or damaged. The insured, as often as
may be reasonably required, shall exhibit to any person designated by
this company all that remains of any property herein described, and
submit to examinations under oath by any person named by this
company, and subscribe the same; and, as often as may be reasonably
required, shall produce for examination all books of account, bills,
invoices and other vouchers, or certified copies thereof if originals
be lost, at such reasonable time and place as may be designated by
this company or its representative, and shall permit extracts and
copies 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, on the written demand
of either, each shall select a competent and disinterested appraiser
and notify the other of the appraiser selected within 20 days of
such demand. The appraisers shall first select a competent and
disinterested umpire; and failing for 15 days to agree upon such
umpire, then, on request of the insured or this company, such umpire
shall be selected by a judge of a court of record in the state in
which the property covered is located. The appraisers shall then
appraise the loss, stating separately actual cash value and loss to
each item; and, failing to agree, shall submit their differences,
only, to the umpire. An award in writing, so itemized, of any two
when filed with this company shall determine the amount of actual
cash value and loss. Each appraiser shall be paid by the party
selecting him and the expenses of appraisal 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 appraised value, and also to repair,
rebuild or replace the property destroyed or damaged with other of
like kind and quality within a reasonable time, on giving notice of
its intention so to do within 30 days after the receipt of the proof
of loss herein required.
Abandonment
There can be no abandonment to this company of any property.
When loss payable
Except where assessment is required as hereinafter provided, the
amount of loss for which this company may be liable shall be payable
60 days after proof of loss, as herein provided, is received by this
company and ascertainment of the loss is made either by agreement
between the insured and this company expressed in writing or by the
filing with this company of an award as herein provided.
Assessment for deficiency
When the amount of any loss shall have been ascertained, which
exceeds in amount the cash funds of the company, the president shall
convene the directors of this company, who shall proceed in the
manner provided by Article 8 of Chapter 5 of Part 1 of Division 2 of
the Insurance Code of the State of California.
Notice of assessment
It shall be the duty of the secretary, whenever assessment shall
have been made, to immediately notify every person holding a risk in
this company, personally, by an agent, or by letter directed to his
usual post office address, of the amount of such loss, and the sum
due from him, as his share thereof, and of the time and to whom such
payment is made; but such time shall not be less than 30 days, nor
more than 90 days from date of such notice. No assessment or
assessments can be levied under this policy in excess of three times
the premium named herein.
Action for neglect or refusal to pay assessments
An action may be brought against the member whose property is
insured herein and this policy is automatically suspended if the
insured shall not have paid, before it is delinquent, his portion of
any assessment levied or other liability due this company for a
period in excess of 90 days. The directors of this company who shall
willfully refuse or neglect to perform the duties imposed upon them
by law or the bylaws of the company, shall be liable in their
individual capacity to the person sustaining such loss. An action may
also be brought and maintained against this company by members
thereof for losses sustained if payment is withheld after the amount
of such losses have been determined and is due by the terms of the
policy.
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 all the
requirements of this policy shall have been complied with, and unless
commenced within 12 months next after inception of the loss.
Subrogation
This company may require from the insured an assignment of all
right of recovery against any party for loss to the extent that
payment therefor is made by this company.
(b) The amendments to this section made by the act adding this
subdivision shall govern a policy utilizing the form provided in
subdivision (a) when that policy is originated or renewed on and
after January 1, 2004.
6010.5. The policy is not required to be used for reinsurance
between insurers.
6011. Either the blanks in the standard form or those in an
endorsement attached thereto shall be appropriately filled. The first
page of the policy or an endorsement attached thereto may be
arranged to show in schedule form the amounts of insurance, rates and
premiums for the basic coverages insured under the standard form of
policy and additional coverages or perils insured under endorsements
attached, and such other data as may be conveniently included for
duplication on daily reports for office records.
If such a schedule clearly shows the amount at risk, the rate, and
the premium in respect of fire insurance, the words, "the above
specified" may be inserted in the blanks preceding the word "dollars"
in the two places in which "dollars" appears in that portion of the
standard form which precedes the countersignature clause, or in
identical blanks in an endorsement attached to the standard form and
containing the paragraph in the standard form in which the blanks
appear.
6011.5. In lieu of showing the term of coverage in the form set
forth in Section 6010, the standard form policy may show the term in
any form which clearly states the period during which the insurance
is to continue. The period shall begin and end on specified dates at
12:01 a.m., standard time, at the location of the property involved.
An example of permissible method of showing the term is:
"___________ for the term of
from At 12:01 a.m.
(Standard Time)
to
At 12:01 a.m.
(Standard Time)
at location of property involved,
__________________________________"
6011.6. In lieu of the attestation clause and official signatures
in the form as set forth in Section 6010, the standard form policy
may show, immediately following the policy provisions, the following:
"In witness whereof, this company has executed and attested these
presents; but this policy shall not be valid unless countersigned by
the duly authorized secretary of this company at ______.
Secretary President"
6012. By special agreement indorsed on the policy or added thereto,
the provisions regarding appraisement or apportionment of loss may
be waived and the valuations of all or any of the insured property in
case of total loss may be agreed upon in advance of loss.
6013. The standard form of policy shall be plainly printed. The
type shall not be smaller than eight-point and in a style not less
legible than Century and subheads shall be in type larger than
eight-point and in a style not less legible than Century. The lines
of the policy following the countersignature clause shall be numbered
consecutively.
6014. All county mutual fire insurance policies on subject matter
in this State shall be on the county mutual standard form and, except
as provided by this article, shall not contain additions thereto.
Except as provided in Section 6017, no part of the standard form
shall be omitted from the policy.
6015. The insurer may add to the policy any matter relating to its
financial condition, directors, officers, members and history, and
the address of its home office and principal office in the State.
6016. Clauses may be added to the policy providing for and defining
the rights, duties and obligations of mortgagees, assignees, and
other parties having an interest in, right to or lien upon the
insured subject matter.
6017. Insurers authorized to limit or eliminate their assessment
liability in accordance with the terms of this chapter may make such
changes in the standard form as will properly accomplish that
purpose.
6017.5. Insurers authorized to eliminate their assessment liability
in accordance with the terms of this chapter may use the California
standard form insurance policy in lieu of the standard form
prescribed in this chapter.
6018. No clause shall be inserted nor rider attached affecting the
standard form liability of the insurer for loss or damage by fire
occasioned either directly or indirectly by earthquake, hurricane,
volcanic action or other disturbance of nature, unless such rider or
clause is printed in red ink in type larger than pica or in capital
letters measuring not less than eight one-hundredths (8/100's) of an
inch in height, and unless there is printed at the head of the policy
in red ink and in large bold-faced type the words: "This policy
contains limitations of liability not permitted in the California
standard form."
6019. Clauses may be added to the policy:
(a) Covering property and risks not otherwise covered; provided
that clauses covering loss or damage caused by nuclear reaction,
nuclear radiation or radioactive contamination, all whether directly
or indirectly resulting from an insured peril under the standard
policy issued pursuant to Section 6010 may be insured under said
policy only by a written endorsement providing such insurance, with
such endorsement affixed to said standard policy.
(b) Assuming greater liability than is otherwise imposed on the
insurer.
(c) Granting the insured permits and privileges not otherwise
provided.
(d) Waivers of any of the matters voiding the policy or suspending
the insurance.
(e) Waivers of any of the requirements imposed on the insured
after loss.
6020. Except as otherwise provided by this article, clauses may be
attached, by separate riders in type larger than pica or in capital
letters measuring not less than eight one-hundredths (8/100's) of an
inch in height, to the policy, imposing specified duties and
obligations upon the insured and limiting the liability of the
insurer.
6021. It is a misdemeanor for any insurer or its agent to
countersign or issue a county mutual fire insurance policy covering
in whole or part subject-matter in this State in violation of this
article. Any policy so issued shall notwithstanding be binding upon
the issuing insurer.
