Free Dwelling Policy Study Guide

Virginia Personal Lines exam — Dwelling Policy.

The national guides cover the P&C basics: perils, hazards, indemnity, ACV, coinsurance and contract law. Virginia's exams also test the Virginia standard fire policy (Va. Code 38.2-2105), the owner-occupied dwelling cancellation law (38.2-2114), commercial notice rules (38.2-231), required offers and notices, and liability-policy rules. This guide covers those.

Binders (38.2-2112)

  • Binders may be used for up to 60 days while a fire policy is issued.
  • A binder can't waive standard provisions. Only its cancellation term and hour of inception can be changed.

The Virginia standard fire policy (38.2-2105)

The standard provisions are fixed. No change is allowed in their wording, order or line numbers.

Provision Virginia standard fire policy
Concealment, fraud The whole policy is void for willful concealment, misrepresentation, fraud or false swearing.
Uninsurable property Money, securities, deeds, accounts and bills aren't covered. Bullion and manuscripts are covered only if named.
Perils not included War-type perils, certain orders of civil authority, neglect to protect property at and after a loss, and theft.
Suspension No coverage while the hazard is increased by means within the insured's control or knowledge. No coverage after 60 consecutive days of vacancy. Explosion or riot is covered only for an ensuing fire.
Cancellation The insured may cancel for a short-rate refund. The insurer may cancel with 5 days' notice and a pro rata refund. Owner-occupied dwellings get more protection under 38.2-2114.
Mortgagee Gets 10 days' notice of cancellation. Must give proof of loss within 60 days after notice if the insured doesn't.
Pro rata liability Each insurer pays its share of the loss. Example: a $100,000 policy out of $400,000 total insurance pays $10,000 of a $40,000 loss.
Duties after loss Give immediate written notice, protect the property and provide an inventory. Give a sworn proof of loss within 60 days.
Appraisal Each side names an appraiser within 20 days. If the appraisers can't agree on an umpire within 15 days, a judge picks one. If the insurer demands appraisal, it pays the insured's appraiser and the insured's share of the umpire.
Company options The insurer may repair, rebuild or replace by giving notice within 30 days after proof of loss. No abandonment to the insurer.
When loss is payable 60 days after proof of loss and agreement or an appraisal award.
Suit Within 2 years after the loss.
Subrogation The insurer may require an assignment of recovery rights to the extent it paid.

Owner-occupied dwellings (38.2-2114)

Scope

  • Applies to owner-occupied dwelling and homeowners policies.
  • New business in force under 90 days is exempt, unless it's a renewal.
  • Policies written through the Virginia Property Insurance Association (VPIA) are exempt.

Permitted cancellation reasons

  • nonpayment
  • a related crime conviction
  • fraud or material misrepresentation
  • willful or reckless acts found on inspection
  • physical changes that make the property uninsurable
  • a completed foreclosure sale

A wind claim isn't a permitted reason.

Notice

  • 30 days for cancellation or nonrenewal, or 10 days for nonpayment.
  • The notice mentions possible coverage through the VPIA.
  • The insured may ask the Commissioner to review the action within 10 days. The policy stays in force during the review, except for nonpayment.
  • Notices are mailed with USPS proof. A bulk mailing certificate doesn't count. Copies are kept 1 year (38.2-2113).

Nonrenewal can't be based solely on:

  • a claim mainly from natural causes
  • claims more than 60 months old
  • a coverage inquiry, which also can't be reported as a claim
  • being a foster parent

Credit used in a nonrenewal must come from a report within 120 days.

Required offers and notices for property policies

  • Flood exclusion notice: flood is excluded, and information is available from the insurer, the agent or the NFIP (38.2-2125).
  • Earthquake notice: "earthquake coverage is excluded unless purchased by endorsement" (38.2-2129).
  • Must be offered:
    • ordinance or law coverage (38.2-2124)
    • sewer and drain backup (38.2-2120)
    • diminished value of repaired scheduled personal property (38.2-2120)
  • Volunteer fire department service charges are covered for at least $250 (38.2-2130).
  • Replacement cost: the insured may take ACV first, then claim the difference within 6 months of the last ACV payment (38.2-2119).
  • Assignment of benefits: since 2025, post-loss benefits can't be assigned without the insurer's consent. The insured may still direct payment to a contractor (38.2-2131).
  • Fire insurance discrimination: refusing based on age, sex, race, marital status, sexual orientation, gender identity, lawful occupation and similar factors is prohibited (38.2-2115).

Commercial policies (38.2-231)

  • Cancellation or nonrenewal notice: at least 45 days, or 15 days for nonpayment, to the first named insured.
  • Premium increases over 25%, and reductions in liability coverage, need 45 days' notice.
  • The insured may ask for review within 15 days.
  • A business auto policy can't be cancelled just for lack of supporting business.
  • Notice isn't required for large commercial risks or retrospectively rated policies.

Liability policies (38.2-2200, 38.2-2226)

  • The insured's bankruptcy doesn't relieve the insurer.
  • An unsatisfied judgment can be collected from the insurer, up to the limit.
  • To rely on a breach of a policy condition, the insurer must notify the claimant within 45 days after discovering the breach or the claim. Otherwise the defense is waived.
  • A reservation of rights must be given at least 30 days before trial.

Residual market: VPIA (38.2-2700 to 38.2-2704)

  • The Virginia Property Insurance Association makes basic property insurance available. That's standard fire plus extended coverage.
  • Qualified property: at a fixed location, code-compliant, and not used for manufacturing.
  • Applicants may get an inspection.
  • All insurers writing basic property insurance participate.
  • Its rates and forms need Commission approval. The VPIA isn't an insurer.

Rates

Rates may not be excessive, inadequate or unfairly discriminatory (38.2-1904).

Common exam traps

  • Fire binders last 60 days at most.
  • Standard fire policy: 60-day vacancy suspension, sworn proof within 60 days, payment 60 days after proof, suit within 2 years.
  • Owner-occupied dwellings: 30 days' notice, or 10 for nonpayment. Review must be requested within 10 days.
  • Commercial: 45 days' notice, or 15 for nonpayment.
  • Flood and earthquake exclusions need written notices.

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Practice questions are study aids generated for exam preparation and are not actual exam questions. Content is provided for educational purposes and is not legal advice. Verify current statutes, rules, and exam specifications with the Insurance Department and the exam administrator before relying on it.