CHAPTER 222
AN ACT to amend and reenact § 88-221 of the Code of 1950, re-

lating to requirements to be contained tn certain contracts
of insurance.
[ H 400

Approved March 15, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 38-221 of the Code of 1950 be amended and v--
enacted as follows:

§ 38-221. Provisions required in such policies.—No suci.
policy as is mentioned in § 38-219 shall be so issued or deliv-
ered unless it contains in substance the following provisions:
(1) That such policy, with a copy of the application therefor,
if any, and of such other papers as may be attached to or en-
dorsed thereon shall constitute the entire contract of insurance,
except as the same may be affected by any table of rates or
classification of risks filed by the company with the Commis-
sion ;

(2) That no statement made by the applicant for insurance
which is not incorporated in or endorsed on the policy issued
to such applicant shall avoid the policy or be used in evidence,
and no provision of the charter, constitution or by-laws shall
be used in defense of any claims arising under any such policy
unless such provisions are incorporated in full in the policy;
but this requirement shall not be deemed to apply to the table
of rates or manual of classification of risks of any company
filed with the Commission pr.or to the date of the occurrence
of the injury or commencement of the sickness for which in-
demnity is claimed;

(3) That notice of accident or disability shall be given, within
a time thereby specified unless the giving of the notice thereby
specified may be shown not to have been reasonably possible;
and the time so specified shall be not less than twenty days
from the date of the accident nor less than ten days from the
date of the beginning of the disability from sickness upon which
claim is based, except that in case of accidental death immediate
notice thereof may be required;

(4) That notice of a claim for indemnity shall be deemed
sufficient when given to the office or agent of the company
specified in the policy;

(5) That if a past due premium shall be accepted by the
company or by a branch office or by an authorized agent of
the company in the city, town, or county in which the insured
shall reside, or by the duly authorized agent of the company
who accepted the last premium on the policy, such acceptance
shall reinstate the policy in full as to disability resulting from
accidental bodily injuries thereafter sustained, but shall only
reinstate the policy as to disability from disease beginning
more than ten days after the date of such acceptance;

(6) That if the insured is injured or contracts disease
after having changed his occupation to one classified by the
company as more hazardous than that stated in the policy, or
while he is doing any act or thing pertaining to any occupation
so classified (except ordinary duties about his residence or
while engaged in recreation) the company shall pay such pro-
portion of the indemnities provided in the policy as the premium
paid would have purchased at the rate but within the limits
fixed by the company for such more hazardous occupation ac-
cording to the company’s rates and classification of risks filed
with the Commission prior to the occurrence of the injury or
the commencement of the disease for which indemnity is
claimed ;

(7) That the company will pay the benefits promised with-
mn noe days of the receipt by it of due proofs of death or dis-
ability ; ,

(8) That the policy may be cancelled at any time by the
company by written notice delivered to the insured or mailed
to him at his last address as shown by the records of the com-
pany and the tender of the company’s check for the unearned
portion of the premium, but that such cancellation shall be
without prejudice to any claim arising on account of disability
commencing prior to the date on which the cancellation takes
effect ;

(9) That no such policy shall limit the time within which
proofs of claims shall be furnished to the company to a period
less than ninety days from the date of death, dismemberment
oF joss of sight or from the termination of any other disability ;
and;

(10) That no claim for loss or disability as defined in the
policy occurring or commencing after the policy has been con-
tinuously in force for two years from the date of issue shall
be reduced or denied on the ground that a named condition or
disease not specifically excluded in the policy had existed prior
to the effective date of the policy.