1.4 Policy Structure: Declarations, Insuring Agreement, Conditions, Exclusions
Key Takeaways
- Every P&C policy follows the DICE skeleton: Declarations, Insuring agreement, Conditions, Exclusions, plus definitions and endorsements
- The insuring agreement grants coverage, exclusions remove it, conditions set the rules, and endorsements add back or modify; an endorsement controls over the base form
- Know ISO form families: DP-1/2/3 dwelling, HO-2/3/4/5/6/8 homeowners, CP 00 10 commercial property, CG 00 01 CGL, CA 00 01 business auto
- Named-peril forms put the burden on the insured to show a listed peril caused the loss; open-peril forms shift the burden to the insurer to prove an exclusion
- Per-occurrence vs. aggregate limits, deductibles, and sub-limits (e.g., $1,500 jewelry theft) define how much actually pays
The Four Standard Policy Parts
Nearly every modern P&C policy is assembled from standardized building blocks — most authored by the Insurance Services Office (ISO) — and follows the same four-part skeleton. The exam expects you to identify which part answers a given question. A handy mnemonic is DICE: Declarations, Insuring agreement, Conditions, Exclusions.
| Part | Purpose | What you find there |
|---|---|---|
| Declarations | Personalized "who/what/how much" page | Named insured, address, policy period, limits, premium, covered property, forms list |
| Insuring agreement | The insurer's core promise | What perils/coverages apply and the insurer's obligation to pay |
| Conditions | Rules of the relationship | Duties after loss, cancellation, subrogation, appraisal, loss settlement |
| Exclusions | What is taken away | Perils, property, or losses not covered (war, flood, wear and tear) |
How the Parts Interact
Read a policy in order: the insuring agreement grants coverage broadly, then exclusions remove slices of it, and conditions spell out the rules both parties must follow. Endorsements then add back or modify coverage.
Definitions and Endorsements
- Definitions — usually bold or in quotation marks (e.g., "insured," "occurrence," "bodily injury"); they control how every other section is read.
- Endorsements/Riders — attachments that amend the base form. Example ISO endorsements: HO 04 90 (Personal Property Replacement Cost), CP 04 05 (Ordinance or Law). When an endorsement conflicts with the base policy, the endorsement controls.
Naming ISO Forms (High-Value Exam Knowledge)
Learn the major form families so you can match a scenario to a form:
- DP — Dwelling Property: DP-1 (basic, named perils, ACV), DP-2 (broad), DP-3 (special/open peril).
- HO — Homeowners: HO-2 (broad), HO-3 (special on dwelling), HO-4 (renters/contents), HO-5 (comprehensive), HO-6 (condo), HO-8 (older home, modified).
- CP — Commercial Property (Building & Personal Property Coverage Form CP 00 10, Causes of Loss CP 10 30 special).
- CG 00 01 — the standard ISO Commercial General Liability (CGL) occurrence form.
- CA 00 01 — Business Auto Coverage Form.
Named-Peril vs. Open-Peril (Special) Forms
The burden of proof differs by form type, a favorite exam point:
| Form type | What is covered | Who must prove what |
|---|---|---|
| Named-peril (HO-2, DP-1/2) | Only perils specifically listed | Insured proves the loss was caused by a listed peril |
| Open-peril / special / all-risk (HO-3, HO-5, DP-3) | All direct physical loss except what is excluded | Insurer proves an exclusion applies to deny |
Trap: "All-risk" / open-peril does not mean everything is covered — it means coverage is broad except the listed exclusions (flood, earth movement, war, wear and tear, intentional acts). The shift in burden of proof to the insurer is the practical advantage of open-peril coverage.
Limits and Deductibles Quick Reference
- Per-occurrence limit caps a single loss; an aggregate limit caps all losses in the policy period (common in liability).
- A deductible is the insured's retained first dollars; raising it lowers premium.
- Sub-limits cap specific property (e.g., $1,500 on jewelry theft in an HO form) even though the overall contents limit is higher.
Common Policy Conditions You Must Know
The conditions section is dense with testable rules. Expect questions on these standard provisions:
- Duties after loss — give prompt notice, protect property from further damage (mitigate), prepare an inventory, submit a sworn proof of loss (often within 60 days), cooperate, and submit to examination under oath.
- Appraisal — if the insured and insurer disagree on the amount of loss (not coverage), each picks a competent appraiser; the two select an umpire, and any two of the three set the value.
- Subrogation — after paying, the insurer assumes the insured's right to recover from a negligent third party; the insured must not impair that right.
- Salvage and abandonment — the insured may not abandon damaged property to the insurer, but the insurer takes salvage rights when it pays a total loss.
- Liberalization — if the insurer broadens coverage during the term without extra premium, the insured automatically gets the broader coverage.
- Loss settlement / mortgage (mortgagee) clause — a standard (union) mortgage clause protects the lender's interest even if the insured's own claim is denied for an act the lender did not commit.
Worked check: A homeowner and insurer agree a roof was destroyed (coverage is not disputed) but argue over whether repair costs $18,000 or $24,000. The correct dispute mechanism is appraisal, not litigation — because only the amount, not coverage, is contested.
Coverage Triggers and Reading the Special Forms
A coverage trigger is the event that activates a policy. Property forms typically use a loss-occurrence trigger (the physical damage must happen during the policy period), while liability forms use either an occurrence trigger (injury happens during the term, regardless of when claimed) or a claims-made trigger (the claim must be made during the term, subject to a retroactive date). The standard ISO CGL CG 00 01 is occurrence-based; the CG 00 02 is claims-made.
Standard Exclusions Across Forms
Most ISO property forms exclude the same core perils, and the exam expects you to recite them:
- Ordinance or law (cost of meeting upgraded codes) — added back by CP 04 05 or HO endorsement.
- Earth movement (earthquake, sinkhole) — separate coverage or DIC policy.
- Flood / surface water — covered by the NFIP, not the homeowners form.
- War, nuclear hazard, intentional acts, wear and tear, and neglect.
Exam trap: A homeowner whose basement floods from rising surface water has no HO coverage — flood is excluded and requires a separate NFIP policy; but water that escapes from a burst interior pipe is typically covered. Distinguishing flood (excluded) from accidental discharge (covered) is a recurring scenario.
An insured wants to know the exact dollar limit on the dwelling, the policy period, and the premium charged. Which policy part contains this information?
Under an HO-3 special-form (open-peril) policy, a dispute arises over whether a loss is covered. Who carries the burden of proof?