4.5 Homeowners Exclusions
Key Takeaways
- FLOOD is never covered by a homeowners policy regardless of cause; coverage requires a separate National Flood Insurance Program (NFIP) policy
- EARTHQUAKE and earth movement (landslide, mudflow, sinkhole) are excluded and need a separate endorsement or DIC policy; ensuing fire is typically still covered
- The anti-concurrent causation clause denies a loss when an excluded peril (like flood) combines with a covered peril (like wind) to cause damage
- Section II liability excludes motor vehicles, business pursuits, professional services, intentional injury, and workers' compensation obligations
- Many 'maintenance' losses are excluded: wear and tear, rust, mold/wet/dry rot, vermin, settling, and mechanical breakdown are the owner's responsibility
Knowing what is excluded is as important as knowing what is covered — exam writers favor exclusion questions because they separate candidates who memorized coverages from those who understand the contract. Exclusions exist for three reasons: the peril is catastrophic/correlated (flood, earthquake, war), the loss is a maintenance problem the owner controls, or the exposure belongs on another policy (auto, business).
Section I (Property) Exclusions
Catastrophic Exclusions
These perils could bankrupt an insurer because they hit thousands of policies at once:
| Exclusion | Reason | Where to Get Coverage |
|---|---|---|
| Flood (surface water, storm surge, overflow) | Correlated, severe | NFIP flood policy |
| Earthquake / earth movement (landslide, mudflow, sinkhole) | Regional catastrophe | Earthquake endorsement / DIC |
| War | Uninsurable | None |
| Nuclear hazard | Catastrophic | None |
| Government / ordinance action | Police power | Ordinance or Law endorsement (partial) |
Exam Alert: Flood is the #1 tested exclusion. It is excluded even when a covered peril (a hurricane) brings the water. The hurricane's wind damage is covered; the flood water is not.
Maintenance and Gradual-Loss Exclusions
The insured must maintain the property; the policy is not a maintenance contract:
| Excluded | Why |
|---|---|
| Wear and tear, deterioration | Normal aging |
| Rust, corrosion, dampness of atmosphere | Maintenance |
| Mold, wet rot, dry rot | Preventable / gradual |
| Insects, vermin, rodents, birds | Pest control duty |
| Settling, cracking, shrinking, bulging | Normal building movement |
| Mechanical breakdown | Warranty matter |
Water Damage — The Covered/Excluded Split
Water questions hinge on the source and on "sudden and accidental" versus gradual:
| Excluded Water | Covered Water |
|---|---|
| Flood / surface water / storm surge | Sudden burst pipe |
| Sewer or drain backup | Accidental overflow of plumbing |
| Seepage or continuous leakage over time | Rain entering through a wind-damaged roof |
| Groundwater / hydrostatic pressure | Water used to extinguish a fire |
Rule of thumb: Sudden and accidental internal water = covered. Surface/ground/backup or gradual water = excluded.
Other Property Provisions
- Intentional loss by or at the direction of an insured — never covered.
- Neglect to use reasonable means to save property after a loss.
- Vacancy: if the dwelling is vacant more than 60 consecutive days before a loss, vandalism and glass breakage are excluded and certain other losses may be limited.
Section II (Liability) Exclusions
Motor Vehicle Exclusion
Motor vehicle liability belongs on the auto policy. Excluded: cars, trucks, motorcycles, and recreational vehicles off the insured premises.
NOT excluded (still covered):
- A golf cart used on a golfing facility
- A motorized wheelchair / mobility device
- A riding mower or garden tractor used to service the premises
- Vehicles not subject to motor vehicle registration used on the insured location
Business and Professional Exclusion
| Excluded | Alternative |
|---|---|
| Business pursuits liability | Commercial General Liability (CGL) |
| Professional services (errors) | Professional Liability (E&O) |
| Renting the dwelling to others | Dwelling / commercial policy |
Exception: truly incidental activities (occasional babysitting, a part-time hobby) may remain covered.
Other Section II Exclusions
- Intentional injury caused by an insured.
- Contractual liability the insured assumed.
- Workers' compensation obligations.
- Aircraft and large/fast watercraft liability.
- Property the insured owns, rents, or controls (that is a first-party, not third-party, loss).
Anti-Concurrent Causation
When an excluded peril and a covered peril combine to cause one loss, the anti-concurrent causation language excludes the loss even if the covered peril contributed. Example: a hurricane brings both wind (covered) and storm-surge flood (excluded); a court applying anti-concurrent causation will deny the portion of damage caused by the flood and may deny inseparable damage entirely. Always separate the wind loss (paid) from the flood loss (denied).
Ensuing Loss — the Exception Inside Exclusions
Many exclusions contain an ensuing loss (or 'resulting loss') exception that the exam tests. Even though a peril is excluded, the policy may still pay for a covered peril that results from the excluded event. The classic example is earthquake: earthquake damage to the structure is excluded, but if the quake ruptures a gas line and a fire follows, the fire damage is generally covered because fire is a separate covered peril. The same logic applies to a defective-construction exclusion that nevertheless covers an ensuing fire or water-discharge loss.
How These Exclusions Drive Sales of Endorsements
Producers translate exclusions into recommendations. Because flood is excluded, the producer recommends an NFIP policy in flood-prone areas. Because sewer backup is excluded, they recommend the Water Backup endorsement. Because earth movement is excluded, they recommend an earthquake endorsement in seismic regions. And because business pursuits are excluded, they recommend either a home-business endorsement or a separate commercial policy for a client running an enterprise from home. Knowing the exclusion is only half the job; matching it to the correct solution is what the licensing exam — and the real client — expects.
A hurricane causes both wind damage and storm-surge flooding to a home insured under HO-3. The policy will:
A customer visiting a home-based business is injured on the premises. Under a standard homeowners policy the claim is:
Which water-loss scenario is COVERED under a standard HO-3?
Under the standard homeowners vacancy provision, after how many consecutive days of vacancy are vandalism and glass-breakage losses excluded?