House
Study
Bill
588
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
LUNDGREN)
A
BILL
FOR
An
Act
relating
to
fire
insurance
policies
and
to
appraisals
of
1
insured
losses,
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5640YC
(5)
89
ko/rn
H.F.
_____
Section
1.
Section
515.109,
subsection
6,
paragraph
a,
Code
1
2022,
is
amended
to
read
as
follows:
2
a.
The
form
of
the
standard
policy
(with
permission
to
3
substitute
for
the
word
“company”
a
more
accurate
descriptive
4
term
for
the
type
of
insurer)
shall
be
as
follows:
5
FIRST
PAGE
OF
STANDARD
FIRE
POLICY
6
No.
...
7
(Space
for
insertion
of
name
of
company
or
companies
issuing
8
the
policy
and
other
matter
permitted
to
be
stated
at
the
head
9
of
the
policy.)
10
(Space
for
listing
amounts
of
insurance,
rates
and
premiums
11
for
the
basic
coverages
insured
under
the
standard
form
of
12
policy
and
for
additional
coverages
or
perils
insured
under
13
endorsements
attached.)
14
IN
CONSIDERATION
OF
THE
PROVISIONS
AND
STIPULATIONS
HEREIN
15
OR
ADDED
HERETO
AND
OF
......
DOLLARS
PREMIUM
this
company,
16
for
the
term
of
......
from
the
....
day
of
.......
(month),
17
.....
(year),
to
the
....
day
of
.......
(month),
....
18
(year),
at
noon,
Standard
Time,
at
location
of
property
19
involved,
to
an
amount
not
exceeding
.........
Dollars,
does
20
insure
........
and
legal
representatives,
to
the
extent
of
21
the
actual
cash
value
of
the
property
at
the
time
of
loss,
22
but
not
exceeding
the
amount
which
it
would
cost
to
repair
or
23
replace
the
property
with
material
of
like
kind
and
quality
24
within
a
reasonable
time
after
such
loss,
without
allowance
for
25
any
increased
cost
of
repair
or
reconstruction
by
reason
of
any
26
ordinance
or
law
regulating
construction
or
repair,
and
without
27
compensation
for
loss
resulting
from
interruption
of
business
28
or
manufacture,
nor
in
any
event
for
more
than
the
interest
of
29
the
insured,
against
all
DIRECT
LOSS
BY
FIRE,
LIGHTNING
AND
BY
30
REMOVAL
FROM
PREMISES
ENDANGERED
BY
THE
PERILS
INSURED
AGAINST
31
IN
THIS
POLICY,
EXCEPT
AS
HEREINAFTER
PROVIDED,
to
the
property
32
described
hereinafter
while
located
or
contained
as
described
33
in
this
policy,
or
pro
rata
for
five
days
at
each
proper
place
34
to
which
any
of
the
property
shall
necessarily
be
removed
for
35
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LSB
5640YC
(5)
89
ko/rn
1/
8
H.F.
_____
preservation
from
the
perils
insured
against
in
this
policy,
1
but
not
elsewhere.
2
Assignment
of
this
policy
shall
not
be
valid
except
with
3
the
written
consent
of
this
company.
This
policy
is
made
and
4
accepted
subject
to
the
foregoing
provisions
and
stipulations
5
and
those
hereinafter
stated,
which
are
hereby
made
a
part
of
6
this
policy,
together
with
such
other
provisions,
stipulations
7
and
agreements
as
may
be
added
hereto,
as
provided
in
this
8
policy.
9
IN
WITNESS
WHEREOF,
this
company
has
executed
and
attested
10
these
presents.
11
........
........
12
Secretary.
President.
13
SECOND
PAGE
OF
STANDARD
FIRE
POLICY
14
Concealment
——
fraud.
This
entire
policy
shall
be
void
15
if,
whether
before
or
after
a
loss,
an
insured
has
willfully
16
concealed
or
misrepresented
any
material
fact
or
circumstance
17
concerning
this
insurance
or
the
subject
thereof,
or
the
18
interest
of
an
insured
therein,
or
in
case
of
any
fraud
or
19
false
swearing
by
an
insured
relating
thereto.
20
Uninsurable
and
excepted
property.
This
policy
shall
not
21
cover
accounts,
bills,
currency,
deeds,
evidences
of
debt,
22
money
or
securities;
nor,
unless
specifically
named
hereon
in
23
writing,
bullion
or
manuscripts.
24
Perils
not
included.
This
company
shall
not
be
liable
for
25
loss
by
fire
or
other
perils
insured
against
in
this
policy
26
caused,
directly
or
indirectly,
by:
(a)
Enemy
attack
by
armed
27
forces,
including
action
taken
by
military,
naval
or
air
forces
28
in
resisting
an
actual
or
an
immediately
impending
enemy
29
attack;
(b)
invasion;
(c)
insurrection;
(d)
rebellion;
(e)
30
revolution;
(f)
civil
war;
(g)
usurped
power;
(h)
order
of
any
31
civil
authority
except
acts
of
destruction
at
the
time
of
and
32
for
the
purpose
of
preventing
the
spread
of
fire,
provided
that
33
such
fire
did
not
originate
from
any
of
the
perils
excluded
by
34
this
policy;
(i)
neglect
of
an
insured
to
use
all
reasonable
35
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LSB
5640YC
(5)
89
ko/rn
2/
8
H.F.
_____
means
to
save
and
preserve
the
property
at
and
after
a
loss,
1
or
when
the
property
is
endangered
by
fire
in
neighboring
2
premises;
(j)
nor
shall
this
company
be
liable
for
loss
by
3
theft.
4
Other
insurance.
Other
insurance
may
be
prohibited
or
the
5
amount
of
insurance
may
be
limited
by
endorsement
attached
6
hereto.
7
Conditions
suspending
or
restricting
insurance.
Unless
8
otherwise
provided
in
writing
added
hereto
this
company
shall
9
not
be
liable
for
loss
occurring
under
any
of
the
following
10
circumstances:
11
[a]
While
the
hazard
is
created
or
increased
by
any
means
12
within
the
control
or
knowledge
of
an
insured.
13
[b]
While
a
described
building,
whether
intended
for
14
occupancy
by
owner
or
tenant,
is
vacant
or
unoccupied
beyond
a
15
period
of
sixty
consecutive
days.
16
[c]
As
a
result
of
explosion
or
riot,
unless
fire
ensue,
and
17
in
that
event
for
loss
by
fire
only.
18
Other
perils
or
subjects.
Any
other
peril
to
be
insured
19
against
or
subject
of
insurance
to
be
covered
in
this
policy
20
shall
be
by
endorsement
in
writing
hereon
or
added
hereto.
21
Added
provisions.
The
extent
of
the
application
of
insurance
22
under
this
policy
and
of
the
contribution
to
be
made
by
this
23
company
in
case
of
loss,
and
any
other
provision
or
agreement
24
not
inconsistent
with
the
provisions
of
this
policy,
may
be
25
provided
for
in
writing
added
hereto,
but
no
provision
may
be
26
waived
except
such
as
by
the
terms
of
this
policy
is
subject
to
27
change.
28
Waiver
provisions.
No
permission
affecting
this
insurance
29
shall
exist,
or
waiver
of
any
provision
be
valid,
unless
30
granted
herein
or
expressed
in
writing
added
hereto.
No
31
provision,
stipulation
or
forfeiture
shall
be
held
to
be
waived
32
by
any
requirement
or
proceeding
on
the
part
of
this
company
33
relating
to
appraisal
or
to
any
examination
provided
for
34
herein.
35
-3-
LSB
5640YC
(5)
89
ko/rn
3/
8
H.F.
_____
Cancellation
of
policy.
This
policy
shall
be
canceled
at
any
1
time
at
the
request
of
the
insured,
in
which
case
this
company
2
shall,
upon
demand
and
surrender
of
this
policy,
refund
the
3
excess
of
paid
premium
above
the
customary
short
rates
for
the
4
expired
time.
This
policy
may
be
canceled
at
any
time
by
this
5
company
by
giving
to
the
insured
a
five
days’
written
notice
6
of
cancellation
with
or
without
tender
of
the
excess
of
paid
7
premium
above
the
pro
rata
premium
for
the
expired
time,
which
8
excess,
if
not
tendered,
shall
be
refunded
on
demand.
Notice
9
of
cancellation
shall
state
that
said
excess
premium
(if
not
10
tendered)
will
be
refunded
on
demand.
11
Mortgagee
interests
and
obligations.
If
loss
hereunder
is
12
made
payable,
in
whole
or
in
part,
to
a
designated
mortgagee
13
not
named
herein
as
the
insured,
such
interest
in
this
policy
14
may
be
canceled
by
giving
to
such
mortgagee
a
ten
days’
written
15
notice
of
cancellation.
16
If
the
insured
fails
to
render
proof
of
loss
such
mortgagee,
17
upon
notice,
shall
render
proof
of
loss
in
the
form
herein
18
specified
within
sixty
days
thereafter
and
shall
be
subject
19
to
the
provisions
hereof
relating
to
appraisal
and
time
of
20
payment
and
of
bringing
suit.
If
this
company
shall
claim
21
that
no
liability
existed
as
to
the
mortgagor
or
owner,
it
22
shall,
to
the
extent
of
payment
of
loss
to
the
mortgagee,
23
be
subrogated
to
all
the
mortgagee’s
rights
of
recovery,
but
24
without
impairing
mortgagee’s
right
to
sue;
or
it
may
pay
off
25
the
mortgage
debt
and
require
an
assignment
thereof
and
of
26
the
mortgage.
Other
provisions
relating
to
the
interests
and
27
obligations
of
such
mortgagee
may
be
added
hereto
by
agreement
28
in
writing.
29
Pro
rata
liability.
This
company
shall
not
be
liable
for
a
30
greater
proportion
of
any
loss
than
the
amount
hereby
insured
31
shall
bear
to
the
whole
insurance
covering
the
property
against
32
the
peril
involved,
whether
collectible
or
not.
33
Requirements
in
case
loss
occurs.
The
insured
shall
give
34
immediate
written
notice
to
this
company
of
any
loss,
protect
35
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LSB
5640YC
(5)
89
ko/rn
4/
8
H.F.
_____
the
property
from
further
damage,
forthwith
separate
the
1
damaged
and
undamaged
personal
property,
put
it
in
the
best
2
possible
order,
furnish
a
complete
inventory
of
the
destroyed,
3
damaged
and
undamaged
property,
showing
in
detail
quantities,
4
costs,
actual
cash
value
and
amounts
of
loss
claimed;
AND
5
WITHIN
SIXTY
DAYS
AFTER
THE
LOSS,
UNLESS
SUCH
TIME
IS
EXTENDED
6
IN
WRITING
BY
THIS
COMPANY,
THE
INSURED
SHALL
RENDER
TO
THIS
7
COMPANY
A
PROOF
OF
LOSS,
signed
and
sworn
to
by
the
insured,
8
stating
the
knowledge
and
belief
of
the
insured
as
to
the
9
following:
The
time
and
origin
of
the
loss,
the
interest
of
10
the
insured
and
of
all
others
in
the
property,
the
actual
cash
11
value
of
each
item
thereof
and
the
amount
of
loss
thereto,
all
12
encumbrances
thereon,
all
other
contracts
of
insurance,
whether
13
valid
or
not,
covering
any
of
said
property,
any
changes
in
the
14
title,
use,
occupation,
location,
possession
or
exposures
of
15
said
property
since
the
issuing
of
this
policy,
by
whom
and
16
for
what
purpose
any
building
herein
described
and
the
several
17
parts
thereof
were
occupied
at
the
time
of
loss
and
whether
18
or
not
it
then
stood
on
leased
ground,
and
shall
furnish
a
19
copy
of
all
the
descriptions
and
schedules
in
all
policies
20
and,
if
required,
verified
plans
and
specifications
of
any
21
building,
fixtures
or
machinery
destroyed
or
damaged.
The
22
insured,
as
often
as
may
be
reasonably
required,
shall
exhibit
23
to
any
person
designated
by
this
company
all
that
remains
of
24
any
property
herein
described,
and
submit
to
examinations
25
under
oath
by
any
person
named
by
this
company,
and
subscribe
26
the
same;
and,
as
often
as
may
be
reasonably
required,
shall
27
produce
for
examination
all
books
of
account,
bills,
invoices
28
and
other
vouchers,
or
certified
copies
thereof
if
originals
be
29
lost,
at
such
reasonable
time
and
place
as
may
be
designated
by
30
this
company
or
its
representative,
and
shall
permit
extracts
31
and
copies
thereof
to
be
made.
32
Appraisal.
In
case
the
insured
and
this
company
shall
fail
33
to
agree
as
to
the
actual
cash
value
or
the
amount
of
loss,
34
then,
on
the
written
demand
of
either
,
party
may
make
a
written
35
-5-
LSB
5640YC
(5)
89
ko/rn
5/
8
H.F.
_____
request
for
an
appraisal.
If
the
insured
and
this
company
1
both
agree
in
writing
to
an
appraisal,
each
party
shall
have
2
up
to
twenty
days
from
the
date
the
last
party
agrees
to
the
3
appraisal
to
select
a
competent
and
disinterested
appraiser
4
and
to
notify
the
other
party
of
the
appraiser
selected
within
5
twenty
days
of
such
demand
.
The
appraisers
shall
first
select
6
a
competent
and
disinterested
umpire;
and
failing
for
fifteen
7
days
to
agree
upon
such
umpire,
then,
on
request
of
the
insured
8
or
this
company,
such
umpire
shall
be
selected
by
a
judge
of
9
a
court
of
record
in
the
state
in
which
the
property
covered
10
is
located.
The
appraisers
shall
then
appraise
the
loss,
11
stating
separately
actual
cash
value
and
loss
to
each
item;
12
and,
failing
to
agree,
shall
submit
their
differences,
only,
to
13
the
umpire.
An
award
in
writing,
so
itemized,
of
any
two
when
14
filed
with
this
company
shall
determine
the
amount
of
actual
15
cash
value
and
loss.
Each
appraiser
shall
be
paid
by
the
party
16
selecting
the
appraiser
and
the
expenses
of
appraisal
and
17
umpire
shall
be
paid
by
the
parties
equally.
18
Company’s
options.
It
shall
be
optional
with
this
company
19
to
take
all,
or
any
part,
of
the
property
at
the
agreed
or
20
appraised
value,
and
also
to
repair,
rebuild
or
replace
the
21
property
destroyed
or
damaged
with
other
of
like
kind
and
22
quality
within
a
reasonable
time,
on
giving
notice
of
its
23
intention
so
to
do
within
thirty
days
after
the
receipt
of
the
24
proof
of
loss
herein
required.
25
Abandonment.
There
can
be
no
abandonment
to
this
company
of
26
any
property.
27
When
loss
payable.
The
amount
of
loss
for
which
this
28
company
may
be
liable
shall
be
payable
sixty
days
after
proof
29
of
loss,
as
herein
provided,
is
received
by
this
company
and
30
ascertainment
of
the
loss
is
made
either
by
agreement
between
31
the
insured
and
this
company
expressed
in
writing
or
by
the
32
filing
with
this
company
of
an
award
as
herein
provided.
33
Suit.
No
suit
or
action
on
this
policy
for
the
recovery
of
34
any
claim
shall
be
sustainable
in
any
court
of
law
or
equity
35
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LSB
5640YC
(5)
89
ko/rn
6/
8
H.F.
_____
unless
all
the
requirements
of
this
policy
shall
have
been
1
complied
with,
and
unless
commenced
within
twelve
months
next
2
after
inception
of
the
loss.
3
Subrogation.
This
company
may
require
from
the
insured
an
4
assignment
of
all
right
of
recovery
against
any
party
for
loss
5
to
the
extent
that
payment
therefor
is
made
by
this
company.
6
THIRD
PAGE
OF
STANDARD
FIRE
POLICY
7
ATTACH
FORM
BELOW
THIS
LINE
8
FOURTH
PAGE
OF
STANDARD
FIRE
POLICY
9
STANDARD
FIRE
INSURANCE
POLICY
10
Expires
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
11
Property
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
12
Amount
$
.
..
..
..
..
.
Total
13
Premium
$
.
..
..
..
..
14
.
15
Insured
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
16
________________________________________________________________________________________________________________________
17
SEE
INSIDE
OF
POLICY
FOR
PERILS
COVERED
18
NO.
19
(Space
of
approximately
two
(2)
inches
for
use
of
Agent
or
20
Insurer.)
21
(Space
of
approximately
two
(2)
inches
for
use
of
Agent
or
22
Insurer.)
23
Sec.
2.
APPLICABILITY.
This
Act
applies
January
1,
2023,
24
to
fire
insurance
contracts
issued
for
delivery,
continued,
or
25
renewed
in
this
state,
and
to
insured
losses
incurred
under
26
such
contracts,
on
or
after
that
date.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
fire
insurance
policies
and
to
31
appraisals
of
insured
losses.
32
The
bill
provides
that
if
the
insured
and
the
insurer
fail
to
33
agree
on
the
actual
cash
value
or
the
amount
of
a
loss,
either
34
party
may
make
a
written
request
for
an
appraisal.
If
both
the
35
-7-
LSB
5640YC
(5)
89
ko/rn
7/
8
H.F.
_____
insured
and
the
insurer
agree
in
writing
to
an
appraisal,
each
1
shall
have
up
to
20
days
from
the
date
the
last
party
agrees
to
2
an
appraisal
to
select
a
competent
and
disinterested
appraiser
3
and
to
notify
the
other
party
of
the
appraiser
selected.
4
Under
current
law,
upon
the
written
demand
of
either
the
5
insured
or
the
insurer,
both
parties
are
required
to
select
a
6
competent
and
disinterested
appraiser
and
to
notify
the
other
7
party
of
the
appraiser
selected
within
20
days
of
such
demand.
8
The
bill
applies
January
1,
2023,
to
fire
insurance
policies
9
issued
for
delivery,
continued,
or
renewed
in
this
state,
and
10
to
insured
losses
incurred
under
such
policies,
on
or
after
11
that
date.
12
-8-
LSB
5640YC
(5)
89
ko/rn
8/
8