Title 33, Chapter 32, Section 5
( 33-32-5)
(a) Whenever any policy of insurance is issued to a natural person
or persons insuring a specifically described one or two family
residential building or structure located in this state against loss
by fire and the building or structure is wholly destroyed by fire
without fraudulent or criminal fault on the part of the insured or
one acting in his behalf, the amount of insurance set forth in the
policy relative to the building or structure shall be taken
conclusively to be the value of the property, except to the extent
of any depreciation in value occurring between the date of the
policy or its renewal and the loss, provided that, if loss occurs
within 30 days of the original effective date of the policy, the
insured shall be entitled to the actual loss sustained not exceeding
the sum insured. Nothing in this Code section shall be construed as
prohibiting the use of coinsurance or as preventing the insurer from
repairing or replacing damaged property at its own expense without
contribution on the part of the insured. (b) Subsection (a) of this Code section shall not apply where: (1) The building or structure is not wholly destroyed by fire; (2) Insurance policies are issued or renewed by more than one
company insuring the same building or structure against fire and
the existence of the additional insurance is not disclosed by the
insured to all insurers issuing policies; (3) Two or more buildings or structures are insured under a
blanket form for a single amount of insurance; or (4) The completed value of a building or structure is insured
under a builders' risk policy. |