§33-17-2. Standard fire policy.
No policy of fire insurance covering property located in West Virginia shall be made, issued or delivered unless it conforms as to all provisions and the sequence thereof with the basic policy commonly known as the New York standard fire policy, edition of one thousand nine hundred forty-three, which is designated as the West Virginia standard fire policy; except that with regard to multiple line coverages providing casualty insurance combined with fire insurance this section shall not apply if the policy contains, with respect to the fire portion thereof, language at least as favorable to the insured as the applicable portions of the standard fire policy and such multiple line policy has been approved by the commissioner. As of the effective date of this chapter, the commissioner shall file in his office, and thereafter maintain on file in his office, a true copy of such West Virginia standard fire policy, designated as such and bearing the commissioner's authenticating certificate and signature and the date of filing. Provisions to be contained on the first page of the policy may be rewritten, and rearranged to facilitate policy issuance and to include matter which may otherwise properly be added by endorsement. The standard fire insurance policy shall not be required for casualty insurance, marine insurance nor insurance on growing crops.
Notes of Decisions
Sizemore v. State Farm Gen. Ins., 505 S.E.2d 654 (W. Va. 1998).
· cites it 36× “1 The policy had been approved by the Commissioner of Insurance of the State of West Virginia as required by W.Va. Code § 33-17-2 (1957). 2 By letter dated August 24, 1993, State Farm informed the plaintiffs that their fire loss claim was denied by reason of provisions in the…”
Icenhour v. Cont'l Ins., 365 F. Supp. 2d 743 (S.D.W. Va 2004).
· cites it 10× “W. Va.Code § 33-17-2. Although the 1943 New York Standard Fire Insurance Policy is used verbatim in West Virginia, the Legislature has nonetheless referred to the document as the West Virginia Standard Fire Policy (the “Standard Policy”).”
Meadows v. Employers'fire Ins. Co., 298 S.E.2d 874 (W. Va. 1982).
· cites it 4× “We begin by noting that W.Va.Code, 33-17-2 (1957), provides, in part, that: “No policy of fire insurance covering property located in West Virginia shall be made, issued or delivered unless it conforms as to all provisions and the sequence thereof with the basic policy commonly…”
Thompson v. West Virginia Essential Prop. Ins., 411 S.E.2d 27 (W. Va. 1991).
· cites it 3× “Third, “[ujnder the provisions of the standard fire policy adopted under W.Va. Code, 33-17-2 (1957), the twelve-month time period for bringing suit commences to run when the insurance company notifies the insured in writing that it declines to pay the loss.”
SAYER BROS., INC. v. St. Paul Fire & Marine Ins. Co., 150 F. Supp. 2d 907 (S.D.W. Va 2001).
· cites it 4× “See W. Va.Code § 33-17-2. Under standard provisions of the NYS policy, the insurer is "not liable beyond the actual cash value of the property at the time of loss and the loss or damage shall be ascertained or estimated according to such actual cash value.”
Stover v. Aetna Cas. & Sur. Co., 658 F. Supp. 156 (S.D.W. Va 1987).
· cites it 2× “Code, § 33-17-2. One particular provision of the policy requires the insured to submit upon request to an examination by the insurer, produce upon request books and records, and cooperate with the insurer in its investigation.”
Prete v. Royal Globe Ins., 533 F. Supp. 332 (N.D.W. Va. 1982).
“Code, § 33-17-2 provides in pertinent part: “No policy of fire insurance covering property located in West Virginia shall be .”
Burgess v. Nationwide Prop. & Cas. Ins. Co. (N.D.W. Va. 2025).
· cites it 5× “]” W. Va. Code § 33-17-2 . The New York standard fire policy prohibits the filing of an action against the insurer “unless commenced within twelve months next after inception of the loss.”
SER Erie Ins. Prop. & Cas. v. Hon. J.D. Beane, Judge (W. Va. 2016).
· cites it 4× “; see also W. Va. Code § 33-17-2 (providing that “the New York standard fire policy, edition of one thousand nine hundred forty-three” is “designated as the West Virginia standard fire policy”).”
Mohammed Ashraf, M.D. v. State Auto Prop. & Cas. Ins. Co. (W. Va. 2019).
“Relevant to this appeal, we held that a vacancy provision that provides that the insurer may reduce by 15% the stated amount of coverage payable for a total loss of the building destroyed by fire is enforceable, where the building has been vacant for more than 60 consecutive…”
McDowell v. Allstate Veh. & Prop. Ins. Co. (S.D.W. Va 2019).
“Code § 33-17-2 . Plaintiffs allege that “Mr. Hambrick prepared his own specific proposal and made no mention of occupancy within any specific period of time.”
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