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Home » US Law » 2019 US Virgin Islands Code » Title 22 - Insurance » Chapter 33 - The Insurance Contract

§ 801. Scope of chapter

The applicable provisions of this chapter shall apply to insurances other than ocean marine and foreign trade insurances, but this chapter shall not apply to life or disability insurance policies not issued for delivery in this territory nor delivered in this territory.

§ 802. Power to contract

(a) Any person of competent legal capacity may contract for insurance. (b) A minor fifteen (15) years of age or older may, notwithstanding such minority, contract for life or disability insurance on his own life or body, for his own benefit or for the benefit of his father, mother, spouse, child, brother, sister, or grandparent, […]

§ 803. Insurable interest—Personal insurances

(a) Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. But no person shall procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefits under such contract are payable […]

§ 804. —Property insurances

(a) No contract of insurance on property or of any interest therein or arising therefrom shall be enforceable except for the benefit of persons having an insurable interest in the things insured. (b) “Insurable interest” as used in this section means any lawful and substantial economic interest in the safety or preservation of the subject […]

§ 805. Named insured

When the name of a person intended to be insured is specified in the policy, such insurance can be applied only to his own proper interest. This section shall not apply to life and disability insurances.

§ 806. Application

No life or disability insurance contract upon an individual, except a contract of group life insurance or of group or blanket disability insurance, as defined in this title, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, in writing […]

§ 807. Alteration of application

(a) Any application for insurance in writing by the applicant shall be altered solely by the applicant or by his written consent, except that insertions may be made by the insurer for administrative purposes only in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant. Violation of […]

§ 808. Application as evidence

(a) No application for the issuance of any insurance policy or contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy when issued and delivered. This provision shall not apply to policies […]

§ 809. Warranties and misrepresentations, effect of

(a) Except as provided in subsection (b) of this section, no oral or written misrepresentation or warranty made in the negotiation of an insurance contract, by the insured or in his behalf, shall be deemed material or defeat or avoid the contract or prevent it attaching, unless the misrepresentation or warranty is made with the […]

§ 810. Forms of policies; filing and approval

(a) No insurance policy form other than surety bond forms, or application form where written application is required and is to be attached to the policy, or printed life or disability rider or endorsement form shall be issued, delivered, or used unless it has been filed with and approved by the Commissioner. This section shall […]

§ 811. Grounds for disapproval

(a) The Commissioner shall disapprove any such form of policy, application, rider, or endorsement, or withdraw any previous approval thereof, only as follows: (1) if it is in any respect in violation of or does not comply with this title; (2) if it does not comply with any controlling filing theretofore made and approved; (3) […]

§ 812. Standard forms

(a) The standard insurance policy of the State of Washington or the State of New York, or The Standard Foreign Policy (English Foreign Form) as authorized and on file in the Office of the Commissioner of Insurance of the State of Washington or of New York on January 1, 1952, together with subsequent changes, is […]

§ 813. Standard provisions

(a) Insurance contracts shall contain such standard provisions as are required by the applicable chapters of this title pertaining to contracts of particular kinds of insurance. The Commissioner may waive the required use of a particular standard provision in a particular insurance contract form if— (1) he finds such provision unnecessary for the protection of […]

§ 814. Content of policies in general

(a) The written instrument, in which a contract of insurance is set forth, is the policy. (b) A policy shall specify— (1) the name of the parties to the contract, the insurer’s name and type of organization shall be clearly shown in the policy; (2) the subject of the insurance; (3) the risks insured against; […]

§ 815. Additional contents

(a) A policy may contain additional provisions, which are not inconsistent with this title, and which are— (1) required to be so inserted by the laws of the insurer’s domicile; or (2) necessary, on account of the manner in which the insurer is constituted or operated, to state the rights and obligations of the parties […]

§ 816. Charter or bylaw provisions

No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid.

§ 817. Premium defined

“Premium” as used in this title means all sums charged, received, or deposited as consideration for an insurance contract or the continuance thereof. Any assessment, or any “membership”, “policy”, “survey”, “inspection”, “service” or similar fee or charge made by the insurer in consideration for an insurance contract is deemed part of the premium.

§ 818. Stated premium must include all charges

(a) The premium stated in the policy shall be inclusive of all fees, charges, premiums, or other consideration charged for the insurance or for the procurement thereof. (b) No insurer or its officer, employee, agent, solicitor, or other representative shall charge or receive any fee, compensation, or consideration for insurance which is not included in […]

§ 820. Limiting actions, jurisdiction

(a) No insurance contract delivered or issued for delivery in this territory and covering subjects located, resident, or to be performed in this territory, shall contain any condition, stipulation, or agreement which— (1) requires it to be construed according to the laws of any other territory, state or country except as necessary to meet the […]