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
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:
- Fire or lightning
- Windstorm or hail
- Explosion
- Riot or civil commotion
- Aircraft
- Vehicles
- Smoke
- Vandalism or malicious mischief
- Theft
- Falling objects
- Weight of ice, snow, or sleet
- Accidental discharge/overflow of water or steam (plumbing, HVAC, appliance)
- Sudden & accidental tearing apart/cracking/burning/bulging of a heating/AC/water system
- Freezing of plumbing/HVAC/appliances
- Sudden & accidental damage from artificially generated electrical current
- 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:
| Exclusion | Notes / How covered |
|---|---|
| Flood / surface water | Excluded 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 backup | Backup add-on by endorsement HO 04 95 |
| Ordinance or law | Cost to comply with codes; base Additional Coverage 10% of A |
| Power failure (off-premises) | Excluded |
| Neglect | Insured failure to mitigate |
| War, nuclear hazard | Excluded |
| Intentional loss | Excluded |
| Governmental action | Seizure/destruction by authority |
| Wear & tear, deterioration, mold, vermin, settling | Maintenance — 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.
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 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?