The Homeowners Coverage Guide: Interpretation and Analysis

Transcription

1 The Homeowners Coverage Guide: Interpretation and Analysis Table of Contents Chapter 1: An Overview... 1 Introduction... 1 Forms Overview... 1 Eligibility: Homeowners Forms... 3 Eligibility: Tenant Homeowners... 4 Eligibility: Unit Owners... 5 Eligibility: Seasonal Property... 5 Eligibility: Farm Property... 5 Eligibility: Mobile Homes... 6 Eligibility: Incidental Occupancy... 6 Eligibility: Home-based Business... 7 Limits of Liability... 7 Rating Information... 9 Chapter 2: What s Covered Introduction Definitions Coverage A, Dwelling Coverage B, Other Structures Coverage B Limitations Coverage B Limit of Liability Coverage C, Personal Property Personal Property Owned or Used by Insured Personal Property of Others Property at Other Locations Coverage D, Loss of Use Additional Living Expense Loss of Rents Prohibited Use Coverage Receipts for Additional Living Expense Coverage D Limit of Liability... 25

2 Loss Not Covered Chapter 3: The Additional Coverages Introduction Debris Removal Reasonable Repairs Trees, Plants, Shrubs, and Lawns Coverage for Loss to Medical Marijuana? Fire Department Service Charge Property Removed Unauthorized Use of Credit Cards Loss Assessment Collapse Glass or Glazing Material Landlord s Furnishings Additions and Alterations Ordinance or Law Are Association By-laws Ordinance or Law? Grave Markers Association Deductible Liquid Fuel Remediation Refrigerated Food Spoilage Lock and Garage Door Transmitter Coverages Chapter 4: Limitations; Property Not Covered Introduction Definition of Business Limitations Money Securities Watercraft Coverage for Fishing Equipment Trailers Jewelry, Watches, and Furs Firearms and Guns Silverware and Similar Property Business Property on the Premises Business Property away from the Premises Electronic Apparatus in a Vehicle Electronic Apparatus Not in a Vehicle How the Deductible Applies to the Special Limits Property Not Covered Land Structures Used for Business Property Separately Insured Animals, Birds, Fish, or Insects... 58

3 Motor Vehicles Aircraft and Hovercraft Property of Roomers and Boarders Property in an Apartment Property Rented or Held for Rental Business Data Credit Cards Trees, Shrubs, Plants Water and Steam Grave Markers Chapter 5: The Named Perils Coverages Introduction Fire or Lightning Windstorm or Hail Wind or Falling Object? Explosion Riot or Civil Commotion Aircraft Vehicles Smoke Vandalism and Malicious Mischief Theft AAIS Theft Peril Falling Objects Weight of Ice, Snow, or Sleet Accidental Discharge or Overflow of Water Sudden and Accidental Tearing Apart Freezing Sudden and Accidental Damage Artificially Generated Current Volcanic Eruption Sinkhole Collapse Chapter 6: Open Perils Coverage; General Property Exclusions Introduction Exclusions Applying to Coverages A and B Excluded under Section I Exclusions Collapse Freezing of Plumbing Freezing of Structures Theft to Dwelling under Construction Vandalism Mold, Fungus, Wet Rot Wear and Tear Losses Animal Losses Pollution Losses... 96

4 Coverage for Wind-Driven Oil? Covered Ensuing Water Losses Other Covered Ensuing Losses General Property Exclusions Concurrent Language Precludes Coverage Ordinance or Law Earth Movement Water Damage Power Failure Neglect War Nuclear Hazard Intentional Loss Civil Authority or Governmental Action Bacteria, Fungi, Wet Rot, or Dry Rot General Property Exclusions Some Ensuing Losses Are Covered Weather Conditions Acts or Decisions Faulty, Inadequate or Defective Acts Chapter 7: Conditions Applying to Property Coverages Introduction Insurable Interest and Limit of Liability Deductible Duties Following a Loss Loss Settlement Provisions Line-Item Estimates? Loss to a Pair, Set, or Parts Appraisal Other Insurance and Service Agreement and Government Funds Personal Articles Separately Insured Suit Against Us Our Option Use of May Loss Payment Abandonment of Property Mortgage Clause No Benefit to Bailee Nuclear Hazard Clause Recovered Property Volcanic Eruption Period Policy Period Concealment of Fraud Loss Payable Clause Miscellaneous AAIS Property Conditions Chapter 8: Liability Coverages and Exclusions, Part I

5 Introduction Features Personal Liability Insuring Agreement What is an "Occurrence"? Who is an "Insured"? What are "Bodily Injury" and "Property Damage"? What is an "Insured Location"? What is a "Residence Employee"? Medical Payments Insuring Agreement Exclusions Liability and Medical Payments Motor Vehicle, Watercraft, Aircraft, and Hovercraft Definitions Motor Vehicle Exclusions Exceptions to the Motor Vehicle Exclusions Servicing a Premises Watercraft Exclusions Exceptions to the Watercraft Exclusions Aircraft and Hovercraft Liability Residence Employee Exception Expected or Intended Injury What is a "Business"? The Business Exclusion Professional Services Exclusion Chapter 9: Liability Coverages and Exclusions, Part II Introduction Exclusions Liability and Medical Payments Premises Not an Insured Location War Exclusion Transmission of Disease Sexual Molestation, Corporal Punishment, or Physical or Mental Abuse Controlled Substance Exclusion Nine Exclusions Applicable to Liability Only Loss Assessment Contractual Liability Damage to Owned Property Care, Custody, or Control Exclusion Workers Compensation Exclusion Nuclear Energy Exclusion Bodily Injury to an Insured Exclusion Exclusions Applicable to Medical Payments Only Bodily Injury to a Residence Employee Workers Compensation Exclusion Nuclear Energy Exclusion Resident Exclusion AAIS Business Exclusion

6 Section II Additional Coverages Claim Expenses First Aid Expenses Damage to Property of Others Loss Assessment Chapter 10: Conditions Applying to Liability Coverages Introduction Limit of Liability Severability of Insurance Duties After a Loss or Occurrence Duties of an Injured Person Payment of Claim under Medical Payments Suit Against the Insurer Bankruptcy of an Insured Other Insurance Policy Period Concealment or Fraud Chapter 11: General Policy Conditions Introduction Concealment or Fraud: Voiding a Policy Liberalization Clause Waiver or Change of Policy Provisions Cancellation Nonrenewal Assignment Subrogation Death Additional AAIS Conditions Conformity with Statute Inspections Insurance under More than One Coverage Chapter 12: Other Homeowners Forms Introduction Coverage for Tenant Homeowners ISO HO Additional Coverages AAIS Form 4 Incidental Property Coverages Coverage D Loss of Use Amending Coverage for Tenants Personal Property Coverage for Unit Owners Coverage A Dwelling Loss Settlement and Other Insurance Additional or Incidental Coverages Coverage C Personal Property

7 Coverage D Loss of Use Amending Coverage for Unit Owners Form HO Form 8 Limited Coverage Named Perils Coverage for Dwelling and Contents Additional or Incidental Property Coverages Limits on Certain Classes of Property Loss of Use Loss Settlement Provisions Mobile Homeowners Open Perils Coverage ISO HO and AAIS Form Special Limitations to Certain Classes of Property Incidental Coverages AAIS Form Open Perils Exclusions Loss Settlement Provisions Chapter 13: Common Endorsements Introduction Modifying the Insured Insuring a Personal Trust Nonrelated Residents Relative in Assisted Living Facility Student Away at School Additional Interest or Insured Modifying Coverage A Dwelling Under Construction Theft Earthquake Coverage Inflation Guard Ordinance or Law Unit Owners Special Coverage Water Back Up and Sump Discharge or Overflow Modifying Coverage B Increased Limit Other Structures Other Structures Away from Premises Modifying Coverage C Coverage for Property in a Self-Storage Unit Computer Coverage Open Perils Coverage for Personal Property Scheduling Personal Property Theft Coverage Rented Unit Theft Coverage Personal Property in a Dwelling under Construction Physical Damage Coverage for a Golf Cart Refrigerated Property Coverage Modifying Loss Settlement Actual Cash Value "Guaranteed" Rebuilding

8 Functional Replacement Coverage B Replacement Cost Personal Property Replacement Cost Modifying "Business" Coverage Home-based Business Home Day Care Business Not Owned by Insured Liability Coverage Incidental Business on Premises Liability Coverage Increased Limits of Business Property Modifying Liability Coverage Additional Residence Rented to Others Farmers Liability Personal Injury Recreational Motor Vehicles Waterbed Liability Watercraft Liability Amending the Mobile Homeowners Miscellaneous Endorsements Amending Loss Assessment Pollution Identity Theft Chapter 14: "Hot Topics" Where You Reside Alcohol, Controlled Substances, and the Homeowners Exclusion Malicious Prosecution: What is That? Appendix A: An Agent s Miscellany Rating a Policy Personal Liability Checklist Real Property Checklist Sample Renewal Letter Errors & Omissions Prevention Suggestions Appendix B: Policy Forms Index