4.3 Section I Perils Insured Against and Exclusions

Key Takeaways

  • Named perils = covered causes are listed (insured proves); open perils = covered unless excluded (insurer proves)
  • The broad named-perils list includes 16 causes from fire/lightning through volcanic eruption; HO-8 basic covers fewer
  • Section I excludes flood/surface water, earth movement, sewer backup, ordinance/law, power failure, war/nuclear, intentional loss, and maintenance
  • Anti-concurrent-causation language excludes flood/earth movement even when a covered peril (wind) also contributes
  • Removable by endorsement: earthquake (HO 04 54), water/sewer backup (HO 04 95); flood needs separate NFIP/private flood
Last updated: June 2026

4.3 Section I Perils Insured Against and Exclusions

Section I perils determine when a loss is paid at all. Two structures appear across the HO program: named-perils language (HO-2, HO-4, HO-6, and HO-3/HO-5 personal property) listing the specific covered causes, and open-perils language (HO-3 dwelling, HO-5 everything) covering any cause of loss except those excluded. The exam tests (1) which form uses which approach, (2) the named-perils list, and (3) the standard exclusions that apply even under open-perils coverage.

Under open perils, coverage is broadest because the insurer must prove an exclusion. But open perils is not unlimited — every exclusion below still bites.

The Broad Named-Perils List

The HO broad form perils (used for HO-2 and for personal property under HO-3) expand the basic list. A common mnemonic groups them; the testable set includes:

  1. Fire or lightning
  2. Windstorm or hail
  3. Explosion
  4. Riot or civil commotion
  5. Aircraft
  6. Vehicles
  7. Smoke
  8. Vandalism or malicious mischief
  9. Theft
  10. Falling objects
  11. Weight of ice, snow, or sleet
  12. Accidental discharge/overflow of water or steam (plumbing, HVAC, appliance)
  13. Sudden & accidental tearing apart/cracking/burning/bulging of a heating/AC/water system
  14. Freezing of plumbing/HVAC/appliances
  15. Sudden & accidental damage from artificially generated electrical current
  16. Volcanic eruption

The basic form (HO-8) covers a shorter list and typically limits or omits some of these. Note: water damage here means internal plumbing/appliance discharge — NOT flood or sewer backup.

Section I Exclusions (Apply Even Under Open Perils)

These are the most-tested exclusions; many are removable by endorsement:

ExclusionNotes / How covered
Flood / surface waterExcluded everywhere; covered only by separate NFIP / private flood
Earth movement (earthquake, sinkhole, landslide)Excluded; add Earthquake endorsement HO 04 54
Water below the surface / sewer & drain backupBackup add-on by endorsement HO 04 95
Ordinance or lawCost to comply with codes; base Additional Coverage 10% of A
Power failure (off-premises)Excluded
NeglectInsured failure to mitigate
War, nuclear hazardExcluded
Intentional lossExcluded
Governmental actionSeizure/destruction by authority
Wear & tear, deterioration, mold, vermin, settlingMaintenance — excluded

The Concurrent-Causation Trap

The exam loves the water trap. A storm dumps rain; the home floods from rising surface water AND wind also tears the roof. Wind damage is covered; flood is excluded even when a covered peril contributes — the HO forms use an anti-concurrent-causation lead-in stating that excluded causes are excluded whether or not another cause contributes concurrently or in sequence. So:

  • Wind-driven rain entering through a wind-created opening → covered (wind made the opening).
  • Surface water rising into the basement → excluded (flood), buy NFIP.
  • Sewer backing up through floor drains → excluded unless the water backup endorsement is added.
  • A burst supply pipe (sudden & accidental) → covered named peril; the resulting water damage is paid, though the worn pipe itself may not be.

Ensuing Loss, Theft Restrictions, and Vacancy

Several exclusions are paired with an ensuing-loss exception: the original cause (e.g., faulty workmanship, defective construction, a leaking pipe from wear) is excluded, but a resulting covered peril is paid. A poorly built wall is not covered, but if that defect lets a fire start, the fire damage is covered.

Watch the theft restrictions in named-perils forms: theft is generally not covered for property in a dwelling under construction (no occupancy yet) or for property stolen from a part of the residence rented to others. Theft of property away from the residence has its own conditions and the off-premises Cov C sub-limit. Finally, certain perils are suspended when the dwelling is vacant beyond a stated period — vandalism, glass breakage, and water/freezing losses can be excluded once the home has been vacant (commonly more than 60 consecutive days), because vacancy materially increases the hazard.

The Section I Exclusions, Read in Order

The HO Section I exclusions apply even under the open-peril dwelling coverage and are introduced with anti-concurrent-causation language: Ordinance or Law; Earth Movement; Water Damage (flood, surface water, sewer/drain backup, subsurface water); Power Failure (off-premises); Neglect; War; Nuclear Hazard; Intentional Loss; and Governmental Action.

Two more — faulty planning/workmanship/maintenance and weather conditions that combine with an excluded cause — round out the list. Several pair with ensuing-loss exceptions: if an excluded cause leads to a covered peril (e.g., faulty wiring causing a fire), the ensuing fire loss is covered.

The Concurrent-Causation Trap and Theft Restrictions

The concurrent-causation doctrine once forced insurers to pay when a covered and excluded peril combined; ISO responded with the lead-in clause "regardless of any other cause or event contributing concurrently or in any sequence," so a mudslide that follows heavy rain is excluded earth movement/water even though rain alone might be covered.

Theft has its own restrictions: loss by theft is not covered while the dwelling is under construction (until completed and occupied), and theft of property from a part of the residence rented to others is excluded. These overlay the Coverage C theft sublimits, so a stolen-jewelry question can be reduced twice — once by the sublimit, once by a residence-rented exclusion.

Test Your Knowledge

During a hurricane, wind rips open part of a roof and rain enters through that opening, soaking the interior. Separately, the storm surge floods the first floor with three feet of seawater. Under an HO-3, what is the coverage outcome?

A
B
C
D
Test Your Knowledge

A homeowner's finished basement is ruined when the municipal sewer backs up through a floor drain. The standard HO-3 has no endorsements. How is this handled?

A
B
C
D