Section I Perils Insured Against and Exclusions
Key Takeaways
- Named-peril forms cover only listed causes (insured proves cause); open-peril forms cover all but excluded causes (insurer proves exclusion).
- HO-3 is open-peril on the dwelling but named-peril on contents; HO-5 is open-peril on both.
- The broad-form list includes fire, wind/hail, theft, vandalism, water discharge, freezing, and falling objects, among others.
- Flood, earthquake, ordinance/law, war, nuclear, intentional loss, and neglect are standard Section I exclusions.
- Anti-concurrent causation means an excluded cause combined with a covered cause keeps the exclusion in force for that loss.
Named-peril vs. open-peril
The single most tested Homeowners concept is the difference between named-peril and open-peril (all-risk) coverage, because it controls the burden of proof.
- Named-peril forms (HO-2 contents/dwelling; HO-3 and HO-5 contents) cover loss only if caused by a peril listed in the policy. The insured must prove the loss was caused by a listed peril.
- Open-peril / all-risk forms (HO-3 and HO-5 dwelling; HO-5 contents) cover all direct physical loss EXCEPT what is specifically excluded. The insurer must prove an exclusion applies to deny.
This shift in burden of proof is why open-peril is broader and costs more, and why exam questions phrase it as "who has to prove what."
The broad-form named perils
The HO-2 / Broad Form list (also the Coverage C list on HO-3) commonly includes these perils. A useful mnemonic groups them, but know the list:
- 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 or overflow of water/steam from plumbing, HVAC, or appliance
- Sudden and accidental tearing/cracking/burning/bulging of a heating or water system
- Freezing of plumbing, HVAC, or appliance
- Sudden and accidental damage from artificially generated electrical current
- Volcanic eruption
Note that the first eight (fire through vandalism in some orderings) are the narrower Basic Form perils; HO-2 adds the rest.
Section I exclusions
Even open-peril HO-3/HO-5 forms exclude a standard set of causes. Memorize these - they are tested as "which is NOT covered":
| Excluded cause | Note / how to cover |
|---|---|
| Flood / surface water | Needs separate NFIP flood policy |
| Earth movement / earthquake | Needs earthquake endorsement (DIC) |
| Ordinance or law | Needs Ordinance or Law coverage (often 10% of A) |
| Power failure (off premises) | Excluded |
| Neglect | Insured must protect property after loss |
| War | Excluded |
| Nuclear hazard | Excluded |
| Intentional loss | No coverage for the insured who causes it |
| Governmental action | Seizure/destruction by authority |
Trap: the anti-concurrent causation language means if an excluded cause (flood) combines with a covered cause, the exclusion still applies to that loss. Also note mold, wear and tear, and pets/insects are excluded as gradual/maintenance losses, not sudden accidents.
Reading the perils basis off the form
A fast exam technique: once you know a form's name, you know its perils basis without memorizing each coverage line. The pattern repeats across the program. The Basic perils (HO-1, now historical) cover roughly the first 11 hazards; the Broad perils (HO-2, HO-4, HO-6) add water discharge, freezing, tearing/cracking of systems, and electrical surge; the Special / open-peril treatment (HO-3 dwelling, HO-5 throughout) covers everything not excluded.
Use this comparison to answer "which form covers this loss" questions:
| Loss event | HO-2 (named) | HO-3 dwelling (open) | HO-3 contents (named) | HO-5 (open both) |
|---|---|---|---|---|
| Wind tears roof | Covered | Covered | n/a | Covered |
| Paint spilled on carpet (accidental) | Not listed - denied | n/a | Not listed - denied | Covered (no exclusion) |
| Pipe bursts, soaks contents | Covered | Covered | Covered | Covered |
| Flood from river | Excluded | Excluded | Excluded | Excluded |
Notice the open-peril advantage only shows up for unusual, unlisted accidental losses - that is exactly where the exam plants the distinction. A spilled-paint or dropped-item loss is denied on named-peril contents but paid on HO-5 because no exclusion removes it.
Section I Perils by Form
The peril basis varies by form and even within the HO-3:
| Form | Dwelling/Other Structures | Personal Property |
|---|---|---|
| HO-2 | Broad named | Broad named |
| HO-3 | Open peril | Broad named |
| HO-5 | Open peril | Open peril |
| HO-8 | Basic named (repair cost) | Basic named |
The Section I Exclusions
The homeowners forms exclude a consistent catastrophe-and-maintenance set, and the exam expects them cold:
- Ordinance or law (code-upgrade costs - add endorsement)
- Earth movement (earthquake, landslide, sinkhole)
- Water damage (flood, surface water, sewer backup, subsurface water)
- Power failure (off-premises utility interruption)
- Neglect (failure to protect property after loss)
- War, nuclear hazard, intentional loss
- Governmental action (seizure, confiscation)
Anti-Concurrent Causation in HO Exclusions
Several exclusions carry the anti-concurrent-causation lead-in, defeating coverage even where a covered peril contributed. The water-damage exclusion is the most heavily tested: wind-driven rain entering through a wind-created opening is covered, but surface water/flood is excluded - and sewer or drain backup is excluded unless the Backup of Sewer and Drains endorsement is added.
Maintenance, Wear, and the "Open Peril" Carve-Outs
Even on the open-peril HO-3 dwelling coverage, the form excludes wear and tear, deterioration, mechanical breakdown, rust/mold, smog, settling, and damage by animals/insects/vermin - maintenance issues, not fortuitous losses. A frequent trap shows long-term hidden leak damage and asks whether the open-peril form responds; the answer is no, because the loss is gradual deterioration. The ensuing-loss exception still applies: if an excluded cause leads to a covered peril (a covered fire, water discharge, or glass breakage), the resulting damage is paid.
Under an HO-3, who bears the burden of proof for a Coverage A (dwelling) loss versus a Coverage C (contents) loss?
A river overflows and floods a home, and the same storm's wind also tears off shingles. How does a standard HO-3 respond?