1.4 Policy Structure: Declarations, Insuring Agreement, Conditions, Exclusions
Key Takeaways
- Policies follow DICE: Declarations, Insuring agreement, Conditions, Exclusions, plus definitions and endorsements.
- The declarations page is the only customized part (named insured, period, limits, deductible, premium, covered property).
- Named-perils forms (DP-1, HO-2) put the burden of proof on the insured; open-perils forms (HO-3, HO-5) shift it to the insurer.
- Conditions are duties (notice, proof of loss, appraisal, subrogation) that can defeat a claim if unmet.
- Standard exclusions include war, nuclear, flood, earthquake, ordinance/law, wear and tear, and intentional acts; flood is covered by the NFIP and earthquake separately.
How Every Policy Is Built
A standardized ISO policy is assembled from predictable parts. Knowing the order and purpose of each lets you answer dozens of questions quickly. The classic mnemonic is DICE: Declarations, Insuring agreement, Conditions, Exclusions. Most policies also include definitions and endorsements.
Declarations (the "Dec Page")
The declarations page is the personalized front of the policy. It states the named insured, mailing address, policy period (effective and expiration dates and times — usually 12:01 a.m. standard time at the insured's address), the description of the covered property or auto, the limits of insurance, the deductibles, the premium, the producer, and the forms/endorsements attached. It is the only part written specifically for that customer.
Insuring Agreement
The insuring agreement is the insurer's core promise — what it agrees to pay for. Two formats appear on the exam:
- Named-perils coverage lists each covered peril (fire, lightning, windstorm, hail, explosion, etc.). The burden of proof is on the insured to show the loss came from a listed peril. The ISO Dwelling DP-1 and Homeowners HO-2 (broad form) are named-perils forms.
- Open-perils ("special" or "all-risk") coverage insures against all direct physical loss except what is excluded. The burden of proof shifts to the insurer to prove an exclusion applies. The Homeowners HO-3 (special form, open perils on dwelling) and HO-5 (open perils on dwelling and contents) are the leading examples.
Under an open-perils (special form) policy such as the ISO HO-3, who bears the burden of proof when a claim is disputed?
Conditions
Conditions are the rules of the game — the duties that activate or limit coverage. Common ISO conditions include:
| Condition | Effect |
|---|---|
| Duties after loss | Insured must give prompt notice, protect property, file proof of loss |
| Cancellation/Nonrenewal | How either party ends coverage and required notice days |
| Appraisal | Resolves disputes over the amount of loss (each side hires an appraiser; an umpire breaks ties) |
| Loss settlement | Sets ACV vs. replacement cost basis |
| Subrogation (transfer of rights) | Insured assigns recovery rights to insurer |
| Other insurance | How concurrent policies share a loss |
Failure to satisfy a condition (e.g., not filing timely proof of loss) can defeat an otherwise covered claim.
Exclusions
Exclusions remove specific causes, property, or losses to keep coverage insurable and affordable. The most-tested standard exclusions across property forms are the catastrophe and uninsurable group: war, nuclear hazard, flood, earthquake, ordinance or law, intentional acts, wear and tear, mechanical breakdown, and government action. Flood and earthquake are excluded from standard homeowners and dwelling forms — flood is covered by the NFIP and earthquake by a separate policy or endorsement.
Trap: "ordinance or law" excludes the added cost of rebuilding to current building codes unless an Ordinance or Law endorsement is purchased. "Wear and tear" and "mechanical breakdown" are excluded because they are not fortuitous — they are expected maintenance, not accidents.
A homeowner's basement is damaged when a nearby river overflows. The standard ISO HO-3 denies the claim. The correct coverage source is:
Definitions and Endorsements
The definitions section gives precise meaning to bold/quoted terms such as "insured," "occurrence," "bodily injury," and "property damage" — coverage often turns on these. Endorsements (riders) add, delete, or modify coverage and, when they conflict with the base policy, the endorsement controls. The order of precedence the exam expects: endorsements override the policy, the declarations personalize it, and specific wording overrides general wording. Knowing DICE plus definitions and endorsements lets you place any provision in the right part of the contract.
Limits, Sublimits, and Settlement Triggers
The limit of insurance is the most an insurer pays for a covered loss. Property forms commonly use sublimits that cap certain property below the overall limit — for example, ISO Homeowners Coverage C special limits cap money/coins at $200, jewelry theft at $1,500, and silverware theft at $2,500, even though total contents coverage is far higher. A trap question gives a $50,000 contents limit and asks the payout for a $4,000 stolen ring; the answer is the $1,500 jewelry sublimit, not $4,000.
Claims also turn on the coverage trigger — the event that activates coverage. Property and ISO occurrence-based liability forms trigger on the date of the event/occurrence during the policy period. Claims-made liability forms trigger only when the claim is first made during the policy period (subject to a retroactive date), which is why tail/extended reporting coverage matters when switching forms.
Common ISO Property Forms at a Glance
| Form | Type | Covers |
|---|---|---|
| DP-1 | Dwelling, named perils (basic) | Limited perils, ACV |
| DP-3 | Dwelling, open perils | Special form on dwelling |
| HO-2 | Homeowners, named/broad perils | Broad list, both structure and contents |
| HO-3 | Homeowners, special | Open perils on dwelling, named perils on contents |
| HO-5 | Homeowners, comprehensive | Open perils on dwelling AND contents |
| HO-4 | Renters/tenant | Contents and liability only, no building |
| HO-6 | Condominium unit-owner | Owner's interest, contents, improvements |
| HO-8 | Modified/older home | Repair-cost or ACV basis for historic/older homes |
Memorize that HO-4 (renters) and HO-6 (condo) cover personal property and liability, not the building itself, because the landlord or association insures the structure.