Title 22 — Insurance
49 chapters · 1,014 sections in this title.
22 V.I.C. § 801 Scope of chapter
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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.
22 V.I.C. § 802 Power to contract
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(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, mothe…
22 V.I.C. § 803 Insurable interest—Personal insurances
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(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 be…
22 V.I.C. § 804 —Property insurances
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(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 ec…
22 V.I.C. § 805 Named insured
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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.
22 V.I.C. § 806 Application
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(1) 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, …
22 V.I.C. § 807 Alteration of application
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(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 …
22 V.I.C. § 808 Application as evidence
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(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 …
22 V.I.C. § 809 Warranties and misrepresentations, effect of
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(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 t…
22 V.I.C. § 810 Forms of policies; filing and approval
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(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 …
22 V.I.C. § 811 Grounds for disapproval
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(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 controll…
22 V.I.C. § 812 Standard forms
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(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, toge…
22 V.I.C. § 813 Standard provisions
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(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 insuran…
22 V.I.C. § 814 Content of policies in general
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(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) …
22 V.I.C. § 815 Additional contents
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(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 …
22 V.I.C. § 816 Charter or bylaw provisions
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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 inva…
22 V.I.C. § 817 Premium defined
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“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 c…
22 V.I.C. § 818 Stated premium must include all charges
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(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 …
22 V.I.C. § 819 Policy must contain entire contract
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No agreement in conflict with, modifying, or extending any contract of insurance shall be valid unless in writing and made a part of the policy.
22 V.I.C. § 820 Limiting actions, jurisdiction
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(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 ot…
22 V.I.C. § 821 Execution of policies
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(a) Every insurance contract shall be executed in the name of and on behalf of the insurer by its officer, employee, or representative duly authorized by the insurer. (b) A facsimile signature of any such executing officer, employee or representative may be used in lieu of an ori…
22 V.I.C. § 822 Binders—Duration
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(a) A “binder” is used to bind insurance temporarily pending the issuance of the policy. Upon the sale of an insurance policy, a binder shall be issued immediately to the insured. No binder shall be valid beyond the issuance of the policy as to which it was given, or beyond 90 da…
22 V.I.C. § 823 —Agent's liability
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(a) The Commissioner may suspend or revoke the license of any agent issuing or purporting to issue any binder as to any insurer named therein as to which he is not then authorized so to bind. (b) In addition to any penalties which may be imposed by the Commissioner, any agent who…
22 V.I.C. § 824 Underwriters' and combination policies
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(a) Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriter's policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such policies shall plainly show the true name of th…
22 V.I.C. § 825 Delivery of policy
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(a) Subject to the insurer's requirements as to payment of premium, every policy shall be delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance, but a policy of automobile or homeowners insurance shall be issued not more …
22 V.I.C. § 826 Renewal of policy
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Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor for a specific additional p…
22 V.I.C. § 827 Cancellation by insurer
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(a) Cancellation by the insurer of any policy which by its terms is cancellable at the option of the insurer, or of any binder based on such policy, may be effected as to any interest only upon compliance with the following:(1) written notice of such cancellation must be actually…
22 V.I.C. § 828 Cancellation by insured
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(a) Cancellation by the insured of any policy which by its terms is cancellable at the insured's option or of any binder based on such policy may be effected by written notice thereof to the insurer and surrender of the policy or binder for cancellation prior to or on the effecti…
22 V.I.C. § 829 Cancellation by Commissioner
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The Commissioner may order the immediate cancellation of any policy the procuring or effectuation of which was accomplished through or accompanied by a violation of this title, except in cases where the policy by its terms is not cancellable by the insurer and the insured did not…
22 V.I.C. § 830 Annulment of liability policies
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No insurance contract insuring against loss or damage through legal liability for the bodily injury or death by accident of any individual, or for damage to the property of any person, shall be retroactively annulled by any agreement between the insurer and insured after the occu…
22 V.I.C. § 831 Dividends payable to real party in interest
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(a) Every insurer issuing participating policies shall pay dividends, unused premiums refunds or savings distributed on account of any such policy, only to the real party in interest entitled thereto as shown by the insurer's records, or to any person to whom the right thereto ha…
22 V.I.C. § 832 Breach of warranty prior to loss; effect
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If any breach of a warranty or condition in any insurance contract occurs prior to a loss under the contract, such breach shall not avoid the contract nor avail the insurer to avoid liability, unless the breach exists at the time of loss.
22 V.I.C. § 833 Assignment of policies; life and disability
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Subject to the terms of the policy relating to its assignment, life insurance policies, other than industrial or group life insurance policies, and disability policies providing benefits for accidental death, whether such policies were heretofore or are hereafter issued, and unde…
22 V.I.C. § 833a Assignability of insurance payments
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Whenever, in any health insurance claim form, an insured specifically authorizes payment of benefits directly to any recognized hospital, licensed ambulance provider, physician, dentist, or other person who provided the services in accordance with the provisions of the policy, th…
22 V.I.C. § 834 Payment discharges life and disability insurer
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Whenever the proceeds of, or payments under, a life or disability insurance policy, heretofore or hereafter issued, become payable and the insurer makes payment thereof in accordance with the terms of the policy, or in accordance with any written assignment thereof pursuant to se…
22 V.I.C. § 835 Minor may give life insurance acquittance
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Any minor domiciled in this territory who has attained the age of 18 years shall be deemed competent to receive and to give full acquittance and discharge for periodical payments, in aggregate amount not exceeding $2,000 in any one year, made by a life insurer as benefits payable…
22 V.I.C. § 836 Simultaneous death; payment of proceeds; life insurance
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Where the individual insured and the beneficiary designated in a life insurance policy or policy insuring against accidental death have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as …
22 V.I.C. § 837 Exemption of disability insurance proceeds
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The proceeds or avails of all contracts of disability insurance and of provisions providing benefits on account of the insured's disability which are supplemental to life insurance or annuity contracts heretofore or hereafter effected shall be exempt from all liability for any de…
22 V.I.C. § 838 Exemption of life insurance proceeds
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(a) The lawful beneficiary, assignee, or payee of a life insurance policy, other than an annuity, heretofore or hereafter effected by any person on his own life, or on the life of another, in favor of a person other than himself, shall be entitled to the proceeds and avails of th…
22 V.I.C. § 839 Exemption of group life insurance proceeds
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(a) A policy of group life insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder shall not be liable, either before or after payment, to be applied to any legal or equitable process to pay any liability of any person having a right u…
22 V.I.C. § 840 Exemption of proceeds, commutation; annuities
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(a) The benefits, rights, privileges and options which under any annuity contract heretofore or hereafter issued are due or prospectively due the annuitant who paid the consideration for the annuity contract shall not be subject to execution nor shall the annuitant be compelled t…
22 V.I.C. § 841 Spouse's rights in life insurance policy
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(a) Every life insurance policy heretofore or hereafter made payable to or for the benefit of the spouse of the insured, and every life insurance policy heretofore or hereafter assigned, transferred, or in any way made payable to a spouse or to a trustee for the benefit of a spou…
22 V.I.C. § 842 Proof of loss; furnishing forms
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An insurer shall furnish, upon written request of any person claiming to have a loss under any insurance contract, forms of proof of loss for completion by such person. But such insurer shall not, by reason of the requirement so to furnish forms, have any responsibility for or wi…
22 V.I.C. § 843 Claims administration; waiver
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(1) None of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:(1) acknowledgment of the receipt of notice of loss or of claim under the policy;(2) furnishing forms for r…
22 V.I.C. § 844 Discrimination prohibited
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No insurer shall make or permit any unfair discrimination in favor of particular individuals or persons, or between insureds or subjects of insurance having substantially like insuring, risk, and exposure factors, or expense elements, in the terms or conditions of any insurance c…
22 V.I.C. § 845 Validity of noncomplying forms
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Any insurance policy, rider, or endorsement hereafter issued and otherwise valid, which contains any condition or provision not in compliance with the requirements of the title, shall not be rendered invalid thereby, but shall be construed and applied in accordance with such cond…
22 V.I.C. § 846 Construction of policies
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Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy, and as amplified, extended, or modified by any rider, endorsement, or application attached to and made a part of the policy.