33-32-5. Amount of insurance in certain fire policies deemed conclusive as to value of property covered.

Whenever any policy of insurance is issued to a natural person or persons or to any legal entity wholly owned by 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 or her 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.#

Subsection (a) of this Code section shall not apply where:#

1. (1)

   The building or structure is not wholly destroyed by fire;#

2. (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. (3)

   Two or more buildings or structures are insured under a blanket form for a single amount of insurance; or#

4. (4)

   The completed value of a building or structure is insured under a builders’ risk policy.#