2.1 Causes of Loss / Named-Peril vs. Open-Peril
Key Takeaways
A peril is the cause of loss; a hazard (physical/moral/morale) increases the chance or severity of a peril.
Named-peril forms (Basic CP 10 10, Broad CP 10 20) cover only listed perils — the insured proves the cause.
Open-peril (Special CP 10 30) covers all direct physical loss unless excluded — the insurer proves the exclusion.
Open-peril does not erase exclusions (flood, earth movement, war, wear and tear) — it only shifts the burden of proof.
Anti-concurrent-causation language excludes the entire loss when an excluded peril contributes in any sequence.
Causes of Loss and How Coverage Is Triggered
A peril is the cause of a loss (fire, windstorm, theft). A hazard is a condition that increases the chance or severity of a peril (oily rags = physical hazard; arson for profit = moral hazard; carelessness from over-reliance on insurance = morale hazard). The exam tests this chain constantly: hazards are not perils, and the policy never pays for a hazard — it pays for the loss the hazard helped cause.
Property policies define what is covered through one of two structures. The distinction between them — and which party carries the burden of proof — is one of the most heavily tested ideas on the national portion.
Named-Peril vs. Open-Peril
Under a named-peril form, coverage applies only to the perils specifically listed. The insured must prove the loss was caused by a listed peril. ISO standardizes these triggers through the Causes of Loss forms:
- Causes of Loss – Basic Form (CP 10 10) — named perils: fire, lightning, explosion, windstorm/hail, smoke, aircraft/vehicles, riot/civil commotion, vandalism, sprinkler leakage, sinkhole collapse, volcanic action. (Mnemonic: WCSHAVVERS + fire/lightning/explosion.)
- Causes of Loss – Broad Form (CP 10 20) — Basic perils plus falling objects, weight of ice/snow/sleet, water damage (accidental discharge), building glass breakage, and collapse (as an additional coverage).
- Causes of Loss – Special Form (CP 10 30) — open-peril (“all-risk”): covers risk of direct physical loss unless excluded. The insurer must prove an exclusion applies to deny a claim.
Open-peril is the broadest and most expensive structure precisely because it shifts the burden of proof to the carrier.
Comparing the Two Structures
| Feature | Named-Peril (Basic/Broad) | Open-Peril (Special) |
|---|---|---|
| Coverage scope | Only listed perils | All direct physical loss unless excluded |
| Burden of proof | Insured proves listed peril caused loss | Insurer proves an exclusion applies |
| Relative premium | Lower | Higher |
| ISO form | CP 10 10 / CP 10 20 | CP 10 30 |
| Theft coverage | Not in commercial Basic/Broad | Included (subject to exclusions) |
Trap: Many candidates assume open-peril = covers everything. It does not. Standard exclusions (flood, earth movement, war, wear and tear, ordinance or law, nuclear hazard, intentional acts) survive under Special Form too — “open-peril” only flips the burden of proof, it does not erase exclusions.
Proximate Cause and Concurrent Causation
Property insurance pays when a covered peril is the proximate cause — the unbroken chain of events leading to loss. If fire (covered) causes a water-line burst and resulting water damage, both are covered because fire set the chain in motion.
Anti-concurrent-causation (ACC) language in modern forms states that if an excluded peril (e.g., flood or earth movement) contributes to a loss — in any sequence, with or without a covered peril — the entire loss is excluded. This is why hurricane wind (covered) plus storm surge (excluded flood) litigation turns on ACC wording.
Under the Causes of Loss – Special Form (CP 10 30), which party bears the burden of proof when a claim is filed?
The insured must prove a listed peril caused the loss
The insurer must prove an exclusion applies to deny the loss
Neither party — all losses are automatically paid
The state insurance department adjudicates each cause
An oil-soaked rag left near a furnace is BEST described as which of the following?
A peril
A physical hazard
A moral hazard
A proximate cause
Direct vs. Indirect Loss and Why It Matters
Property coverage separates direct loss (physical damage to the property itself — the burned building) from indirect (consequential) loss (the financial fallout — lost business income, extra expense, additional living expense while the building is unusable). Standard property forms cover direct loss; time-element coverage (business income, ALE) must be added or built in to capture the indirect loss.
| Loss type | Example | Where covered |
|---|---|---|
| Direct | Fire destroys inventory | Building/BPP, dwelling property forms |
| Indirect (time element) | Store closes 3 months, loses profit | Business income / extra expense |
| Indirect (personal lines) | Family must rent during repairs | Additional living expense (HO Coverage D) |
Trap: a named-peril form that covers fire as a direct loss does not automatically pay lost income — that consequential loss requires time-element coverage triggered by a covered direct loss.
A covered fire forces a retail store to close for repairs, and the owner loses three months of profit. Under what type of coverage is that lost profit paid?
Direct loss coverage under the building form
Indirect (time-element) coverage such as business income
Replacement cost coverage on the building
Ordinance or law coverage
Exam Tactics for Cause-of-Loss Questions
When a question describes a loss, work through this checklist: (1) Identify the structure — is the form named-peril (Basic/Broad) or open-peril (Special)? (2) Locate the burden of proof — named-peril puts it on the insured; open-peril puts it on the insurer. (3) Screen for exclusions that survive even under open peril. (4) Check anti-concurrent-causation language if an excluded and a covered peril combine.
Classic distractors and how to beat them:
- "Open peril covers everything." False — exclusions (flood, earth movement, war, wear/tear, ordinance/law, nuclear, intentional acts) remain.
- "Theft is covered under the Basic commercial form." False — commercial Basic/Broad omit theft; it appears in the Special form.
- "A hazard is a peril." False — the policy never pays for a hazard; it pays for the loss the hazard contributed to.
- "Resulting water damage from a covered fire is excluded." False — fire is the proximate cause and sets a covered chain in motion.
Mastering this sequence — structure, burden, exclusions, causation — lets you answer most property-trigger items quickly and correctly.
Quick Recap of the Causes-of-Loss Framework
Before answering any property-trigger question, run the sequence: identify the structure (named-peril Basic/Broad versus open-peril Special), locate the burden of proof (insured under named-peril, insurer under open-peril), screen for surviving exclusions even under open peril, and apply anti-concurrent-causation when an excluded and a covered peril combine.
Keep the peril-versus-hazard chain straight: a hazard increases the chance or severity of a peril but is never itself paid. The Basic form omits theft and water damage; the Broad form adds them plus collapse; the Special form flips the burden to the insurer. These reference points resolve the large majority of cause-of-loss items.
Sections you finish are checked off in the contents.