§431:10-210 - Standard form fire insurance policy.
§431:10-210 Standard form fire insurance
policy. (a) The standard form fire insurance policy as authorized and in
effect in the State of New York on December 31, 1943, or its approved
equivalent, is established as the standard form fire insurance policy for this
State, and no fire insurance policy shall be delivered or issued for delivery
in this State in any other than the standard form or its approved equivalent
with such additions or modifications as are allowed or required by this code.
This section is not applicable to inland marine policies or policies written
upon motor vehicles or aircraft. For the purpose of this section,
"approved equivalent" means any form of policy which does not
correspond to the standard fire insurance policy, provided that the coverage
with respect to the peril of fire, when viewed in its entirety, is
substantially equivalent to, or more favorable to the insured than that
contained in the standard fire insurance policy and approved for use by the
commissioner.
(b) The commissioner shall at all times keep
on file in the commissioner's office a copy of the standard form fire insurance
policy certified by the superintendent of insurance of the State of New York,
and copies of all forms deemed to be equivalent.
(c) Nothing in this section shall affect the
validity of any policy otherwise valid or of any claim under the policy against
an insurer.
(d) No part of the standard form fire
insurance policy or its approved equivalent shall be omitted from the policy.
(e) Any policy which, in addition to coverage
against perils of fire and lightning, includes coverage against other perils
need not comply with all of the provisions of the standard form fire insurance
policy or its approved equivalent if the policy provisions with respect to the
perils of fire and lightning are the exact provisions of the standard form fire
insurance policy or its approved equivalent.
(f) The following additions to or
modifications of the standard form fire insurance policy or its approved
equivalent are permitted:
(1) An insurer may use in its policies its name,
location of its principal office and date of incorporation, the amount of its
paid-in capital stock, the amount of subscribed capital if separately stated,
the names of its officers and agents, and the number and date of the policy.
(2) The pages of the standard policy or its approved
equivalent may be renumbered and rearranged for convenience in the preparation
of individual contracts and to provide space for the description of the property
insured, the listing of rates and premiums for coverages insured under the
policy or under endorsements attached or printed thereon, and such other date
as may be conveniently included for duplication on daily reports or office
records, and there may be substituted for the word company a more accurate
descriptive term for the type of insurer.
(3) An insurer organized under special charter
provisions may so indicate upon its policy and may add a statement of the plan
under which it operates in this State.
(4) An insurer may use in its policies written,
typewritten or printed forms of description and specifications of the property
insured.
(5) An insurer may use in its policies with the
approval of the commissioner, if the same are not already included in the
standard policy or its approved equivalent, any provisions which any insurer is
required by law to insert in its policies not in conflict with the standard
policy. The provisions shall be printed apart from the other conditions,
agreements or provisions of the policy under separate title as follows:
"Provisions required by law to be inserted in this policy."
(6) An insurer may affix to or include in the policy
a written statement that the policy does not cover loss or damage caused by
nuclear reaction or nuclear radiation or radioactive contamination, all whether
directly or indirectly resulting from an insured peril under the policy;
provided that nothing herein shall be construed to prohibit the attachment to
any such policy of an endorsement or endorsements specifically assuming
coverage of loss or damage caused by nuclear reaction or nuclear radiation or
radioactive contamination.
(7) An insurer may affix to or include in the policy
a written statement that the policy does not cover loss or damage by fire to
sugarcane caused by volcanic activity; provided that nothing herein shall be
construed to prohibit the attachment to any such policy of an endorsement or
endorsements specifically assuming coverage for loss or damage by fire to
sugarcane caused by volcanic activity.
(8) An insurer may use appropriate forms of
additional contracts, riders or endorsements adding to or modifying the
provisions in the standard policy or its approved equivalent, or insuring
against any additional perils which may by law be the subject of insurance, or
insuring against indirect or consequential loss or damage. Such other perils
may be perils excluded from coverage in the standard policy or its approved
equivalent. Such form of contracts, riders, and endorsements may contain
provisions or stipulations inconsistent with the standard policy or its
approved equivalent if such provisions and stipulations are applicable only to
such additional coverage or other additional peril or perils insured against.
(g) A policy issued by a mutual insurer shall
contain in the body of the policy the total amount for which the insured may be
liable under the charter or articles of the insurer.
(h) In the event of any conflict between this
section and other provisions of this code, this section shall govern. [L 1987,
c 347, pt of §2]