§431:10-210  Standard form fire insurancepolicy.  (a)  The standard form fire insurance policy as authorized and ineffect in the State of New York on December 31, 1943, or its approvedequivalent, is established as the standard form fire insurance policy for thisState, and no fire insurance policy shall be delivered or issued for deliveryin this State in any other than the standard form or its approved equivalentwith such additions or modifications as are allowed or required by this code. This section is not applicable to inland marine policies or policies writtenupon motor vehicles or aircraft.  For the purpose of this section,"approved equivalent" means any form of policy which does notcorrespond to the standard fire insurance policy, provided that the coveragewith respect to the peril of fire, when viewed in its entirety, issubstantially equivalent to, or more favorable to the insured than thatcontained in the standard fire insurance policy and approved for use by thecommissioner.

(b)  The commissioner shall at all times keepon file in the commissioner's office a copy of the standard form fire insurancepolicy 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 thevalidity of any policy otherwise valid or of any claim under the policy againstan insurer.

(d)  No part of the standard form fireinsurance policy or its approved equivalent shall be omitted from the policy.

(e)  Any policy which, in addition to coverageagainst perils of fire and lightning, includes coverage against other perilsneed not comply with all of the provisions of the standard form fire insurancepolicy or its approved equivalent if the policy provisions with respect to theperils of fire and lightning are the exact provisions of the standard form fireinsurance policy or its approved equivalent.

(f)  The following additions to ormodifications of the standard form fire insurance policy or its approvedequivalent are permitted:

(1)  An insurer may use in its policies its name,location of its principal office and date of incorporation, the amount of itspaid-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 approvedequivalent may be renumbered and rearranged for convenience in the preparationof individual contracts and to provide space for the description of the propertyinsured, the listing of rates and premiums for coverages insured under thepolicy or under endorsements attached or printed thereon, and such other dateas may be conveniently included for duplication on daily reports or officerecords, and there may be substituted for the word company a more accuratedescriptive term for the type of insurer.

(3)  An insurer organized under special charterprovisions may so indicate upon its policy and may add a statement of the planunder 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 propertyinsured.

(5)  An insurer may use in its policies with theapproval of the commissioner, if the same are not already included in thestandard policy or its approved equivalent, any provisions which any insurer isrequired by law to insert in its policies not in conflict with the standardpolicy.  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 policya written statement that the policy does not cover loss or damage caused bynuclear reaction or nuclear radiation or radioactive contamination, all whetherdirectly or indirectly resulting from an insured peril under the policy;provided that nothing herein shall be construed to prohibit the attachment toany such policy of an endorsement or endorsements specifically assumingcoverage of loss or damage caused by nuclear reaction or nuclear radiation orradioactive contamination.

(7)  An insurer may affix to or include in the policya written statement that the policy does not cover loss or damage by fire tosugarcane caused by volcanic activity; provided that nothing herein shall beconstrued to prohibit the attachment to any such policy of an endorsement orendorsements specifically assuming coverage for loss or damage by fire tosugarcane caused by volcanic activity.

(8)  An insurer may use appropriate forms ofadditional contracts, riders or endorsements adding to or modifying theprovisions in the standard policy or its approved equivalent, or insuringagainst any additional perils which may by law be the subject of insurance, orinsuring against indirect or consequential loss or damage.  Such other perilsmay be perils excluded from coverage in the standard policy or its approvedequivalent.  Such form of contracts, riders, and endorsements may containprovisions or stipulations inconsistent with the standard policy or itsapproved equivalent if such provisions and stipulations are applicable only tosuch additional coverage or other additional peril or perils insured against.

(g)  A policy issued by a mutual insurer shallcontain in the body of the policy the total amount for which the insured may beliable under the charter or articles of the insurer.

(h)  In the event of any conflict between thissection and other provisions of this code, this section shall govern. [L 1987,c 347, pt of §2]