AN ACT to amend and re-enact section one of chapter one hundred and twenty-seven of the acts of the legislature of West Virginia of one thousand nine hundred and twenty-one, relating to non-resident insurance brokers. [Passed April 12, 1923. In effect ninety days from passage. Governor April 21, 1923] Approved by the SEC. 1. License to act as insurance brok- show; revocation and expiration of license; renewal of. Be it enacted by the Legislature of West Virginia: That section one of chapter one hundred and twenty-seven of the acts of the legislature of one thousand nine hundred and twenty-one, be amended and re-enacted so as to read as follows: Section 1. The insurance commissioner may, upon receipt 2 of ten dollars, except as hereinafter provided, issue to any suit3 able person, resident in any other state, a license to act as an 4 insurance broker to negotiate contracts of insurance or rein5 surance or place risks or effect insurance or reinsurance with 6 the authorized agent of any qualified domestic insurance com7 pany, or with the authorized agent in this state of any foreign 8 insurance company duly admitted to do business in this state, 9 and not otherwise, upon the following conditions: 10 The applicant for such a license shall file with the insurance 11 commissioner an application which shall be in writing upon a 12 form to be provided by the insurance commissioner, and shall 13 be executed by the applicant under oath and kept on file by 14 the insurance commissioner. Such application shall state the 15 name, age, residence and occupation of the applicant at the 16 time of making application, his occupation for five years next 17 preceding the date of filing the application and shall state that 18 the applicant intends to hold himself out and carry on business 19 in good faith as an insurance broker and shall give such other 20 information as the commissioner may require. The applica21 tion shall be accompanied by a statement, upon a blank fur22 nished by the insurance commissioner, as to the trustworthiness 23 and competency of the applicant, signed by at least three 24 reputable citizens of this state. If the insurance commissioner 25 is satisfied that the applicant is trustworthy and competent and 26 intends to hold himself out and carry on business in good faith 27 as an insurance broker, he may issue to him the license applied 28 for. The commissioner may at any time after the granting of 29 broker's license, for cause shown and after a hearing determine 30 that the licensee has not complied with the insurance laws or 31 is not trustworthy or competent, or is not holding himself out 32 and actually carrying on business as an insurance broker, or is 33 not a suitable person to act as such broker, or has placed in34 surance on risks in this state in companies or other insurers not 35 authorized to transact business in this state, and he shall there36 upon revoke the license of such broker and notify him that the 37 license has been revoked. Such broker's license shall expire 38 on the last day of March after its issue unless sooner revoked 39 by the insurance commissioner for cause, as above provided. 40 The insurance commissioner shall publish a notice of the re41 vocation of a broker's license in such manner as he deems prop42 er for the protection of the public. Broker's licenses issued on 43 application as herein provided, may in the discretion of the 44 insurance commissioner, be renewed upon the payment of the 45 proper fees without his requiring anew the details required in 46 the original application. CHAPTER 18 (Senate Bill No. 166-Mr. Porter) AN ACT to amend and re-enact section sixty-eight of chapter thirty-four of Barnes' code of West Virginia of one thousand nine hundred and eighteen, relating to the form of fire insurance policies and repealing sections sixty-seven and sixty-nine of said chapter. [Passed April 16, 1923. SEC. 68. In effect ninety days from passage. Approved by the Conditions of and form of policy; duties of insurance commission- Be it enacted by the Legislature of West Virginia: That section sixty-eight of chapter thirty-four of Barnes' code of west Virginia of one thousand nine hundred and eighteen be amended and re-enacted so as to read as follows: Section 68. On and after January first, one thousand nine 2 hundred and twenty-four, no fire insurance company, its officers 3 or agents, shall make, issue or deliver for use any fire in4 surance policy, or the renewal of any such policy, on property 5 in this state, other than such as shall conform in all particulars 6 as to blanks, size of type, context, provisions, agreements and 7 conditions as set forth herein. 8 No................. 9 [Space for insertion of name of company or companies issuing 10 the policy and other matter permitted to be stated at the head 11 of the policy.] 16 and legal representatives, to the extent of the actual cash value 17 (ascertained with proper deductions for depreciation) of the 18 property at the time of loss or damage, but not exceeding the 19 amount which it would cost to repair or replace the same with 20 material of like kind and quality within a reasonable time after 21 such loss or damage, without allowance for any increased cost 22 of repair or reconstruction by reason of any ordinance or law 23 regulating construction or repair and without compensation for 24 loss resulting from interruption of business or manufacture, 25 for the term of. 26 from the......... 27 to the..... ...day of... .19......, at noon, .19......, at noon, 28 against all direct loss and damage by fire and by removal from 29 premises endangered by fire, except as herein provided, to an 30 amount not exceeding...... ..dollars 31 to the following described property while located and con32 tained as described herein, or pro rata for five days at each 33 proper place to which any of the property shall necessarily be 34 removed for preservation from fire, but not elsewhere, to-wit: 35 [Space for description of property.] 36 This policy is made and accepted subject to the foregoing 37 stipulations and conditions, and to the stipulations and con38 ditions printed on the back hereof, which are hereby made a 39 part of this policy, together with such other provisions, stipu40 lations and conditions as may be endorsed hereon or added 41 hereto as herein provided. 42 In Witness Whereof, this company has executed and attested 43 these presents. 44 [Space for date and for signatures and titles of officers and 45 agent.] 1 This entire policy shall be void if the insured 2 Fraud, misrepre- has concealed or misrepresented any ma3 sentation, etc. terial fact or circumstance concerning this 4 insurance or the subject thereof; or in case of any fraud or false 5 swearing by the insured touching any matter relating to this 6 insurance or the subject thereof, whether before or after a loss. 7 8 Uninsurable 9 and This policy shall not cover accounts, bills, currency, deeds, evidences of debt, money, notes or securities; nor, unless specifically 10 excepted property. named hereon in writing, bullion, manu11 scripts, mechanical drawings, dies or patterns. 12 This Company shall not be liable for loss 13 Hazards not or damage caused directly or indirectly by 14 covered. invasion, insurrection, riot, civil war or 15 commotion, or military or usurped power, or by order of any 16 civil authority; or by theft; or by neglect of the insured to use 17 all reasonable means to save and preserve the property at and 18 after a fire or when the property is endangered by fire in 19 neighboring premises. 20 This entire policy shall be void, unless otherwise provided 21 by agreement in writing added hereto, 22 (a) if the interest of the insured be other than 23 Ownership, etc. unconditional and sole ownership; or (b) if 24 the subject of insurance be a building on ground not owned by 25 the insured in fee simple; or (c) if, with the knowledge of the 26 insured, foreclosure proceedings be commenced or notice given 27 of sale of any property insured hereunder by reason of any mort. 28 gage or trust deed; or (d) if any change, other than by the death 29 of an insured, take place in the interest, title or possession of 30 the subject of insurance (except change of occupants without 31 increase of hazard); or(e) if this policy be assigned before a loss. 32 Unless otherwise provided by agreement in writing added 33 hereto this Company shall not be liable for loss or damage 34 occurring. 35 (a) while the insured shall have any other 36 Other insurance. contract of insurance, whether valid or not, 37 on property covered in whole or in part by this policy; or 38 (b) while the hazard is increased by any 39 Increase of hazard. means within the control or knowledge of 40 the insured; or 41 42 Repairs, etc. 43 beyond a period 44 45 Explosives, 46 gas, etc. (c) while mechanics are employed in building, altering or repairing the described premises of fifteen days; or (d) while illuminating gas or vapor is generated on the described premises; or while (any usage or custom to the contrary not47 withstanding) there is kept, used or allowed on the described 48 premises fireworks, greek fire, phosphorus, explosives, benzine, 49 gasolene, naphtha or any other petroleum product of greater 50 inflammability than kerosene oil, gunpowder exceeding twenty51 five pounds, or kerosene oil exceeding five barrels; or 52 (e) if the subject of insurance be a manufacturing establishment while operated 54 whole or in part between the hours of ten P. M. and five A. M., 55 or while it ceases to be operated beyond a period of ten days; or 53 Factories. in 56 57 Unoccupancy. (f) while a described building, whether intended for occupancy by owner or tenant, is 58 vacant or unoccupied beyond a period of ten days; or 59 60 Explosion, 61 Lightning. 62 (g) by explosion or lightning, unless fire ensue, and, in that event, for loss or damage by fire only. Unless otherwise provided by agreement in 63 Chattel mortgage. writing added hereto this Company shall 64 not be liable for loss or damage to any property insured here65 under while incumbered by a chattel mortgage, and during the 66 time of such incumbrance this Company shall be liable only 67 for loss or damage to any other property insured hereunder. 68 If a building, or any material part thereof, 69 Fall of building. fall except as the result of fire, all insurance 70 by this policy on such building or its contents shall immediately 71 cease. 72 The extent of the application of insurance 73 Added Clauses. under this policy and of the contribution to 74 be made by this Company in case of loss or damage, and any 75 other agreement not inconsistent with or a waiver of any of 76 the conditions or provisions of this policy, may be provided for 77 by agreement in writing added hereto. 78 No one shall have power to waive any pro79 Waiver. vision or condition of this policy except such 80 as by the terms of this policy may be the subject of agreement 81 added hereto, nor shall any such provision or condition be held 82 to be waived unless such waiver shall be in writing added hereto, 83 nor shall any provision or condition of this policy or any for84 feiture be held to be waived by any requirement, act or proceed85 ing on the part of this Company relating to appraisal or to any 86 examination herein provided for; nor shall any privilege or per87 mission affecting the insurance hereunder exist or be claimed by 88 the insured unless granted herein or by rider added hereto. 89 90 Cancellation This policy shall be cancelled at any time at the request of the insured, in which case 91 of policy. the Company shall, upon demand and sur92 render of this policy, refund the excess of paid premium above 93 the customary short rates for the expired time. This policy 94 may be cancelled at any time by the Company by giving to the 95 insured a five days' written notice of cancellation with or with96 out tender of the excess of paid premium above the pro rata 97 premium for the expired time, which excess, if not tendered, 98 shall be refunded on demand. Notice of cancellation shall state 99 that said excess premium (if not tendered) will be refunded on 100 demand. 101 This Company shall not be liable for a 102 Pro rata liability. greater proportion of any loss or damage 103 than the amount hereby insured shall bear to the whole 104 insurance covering the property, whether valid or not and 105 whether collectible or not. 106 107 Noon. 108 109 Mortgage 110 interests. The word "noon" herein means noon of standard time at the place of loss or damage. If loss or damage is made payable, in whole or in part, to a mortgagee not named herein as the insured, this policy may be cancelled 111 as to such interest by giving to such mortgagee a ten days' 112 written notice of cancellation. Upon failure of the insured to 113 render proof of loss such mortgagee shall, as if named as insured 114 hereunder, but within sixty days after notice of such failure, ren 115 der proof of loss and shall be subject to the provisions hereof as |