2.1 Causes of Loss / Named-Peril vs. Open-Peril
Key Takeaways
- A peril is the cause of loss; a hazard is a condition that increases the chance or severity of a peril.
- Named-peril forms cover only listed causes and place the burden of proof on the insured.
- Open-peril (special) forms cover everything except stated exclusions and place the burden of proof on the insurer.
- ISO commercial Causes of Loss forms are Basic (CP 10 10), Broad (CP 10 20), and Special (CP 10 30); HO-3/HO-5 and DP-3 are the open-peril personal forms.
- Standard exclusions include ordinance or law, earth movement, flood, war, nuclear hazard, wear and tear, and intentional acts.
Causes of Loss: How Property Coverage Is Triggered
Every property policy answers one question before it pays a claim: was the cause of loss covered? In insurance, a peril is the actual cause of damage — fire, windstorm, theft, vandalism. A hazard is a condition that increases the chance or severity of a peril; hazards do not cause loss directly. Exam writers test the peril-versus-hazard distinction heavily, so anchor it early.
The coverage trigger depends on whether the policy uses a named-peril or an open-peril approach. This single choice controls who carries the burden of proof on every claim.
Named-Peril Coverage
A named-peril (also called specified-peril) policy lists each covered cause of loss. If a peril is not on the list, it is not covered — period. The insured carries the burden of proving that the loss was caused by a listed peril.
ISO standardizes named perils through its Causes of Loss forms in commercial property and through the numbered perils in the Dwelling and Homeowners programs. Key forms:
| Form | ISO designation | Scope |
|---|---|---|
| Basic Form | CP 10 10 | ~11 named perils (fire, lightning, windstorm, explosion, smoke, vandalism, sprinkler leakage, sinkhole, volcanic action, riot, aircraft/vehicles) |
| Broad Form | CP 10 20 | Basic perils plus falling objects, weight of ice/snow/sleet, water damage, building/equipment glass breakage, collapse |
| Special Form | CP 10 30 | Open-peril (“all risk”) |
In the Homeowners program, HO-2 Broad Form and the HO-8 Modified Form are named-peril on both dwelling and contents.
Open-Peril Coverage
An open-peril policy (the modern term replacing the older “all-risk” label) covers every cause of loss except those specifically excluded. The advantage to the insured is broad protection and a reversed burden of proof: the insurer must prove an exclusion applies in order to deny a claim. Because of this, open-peril coverage commands a higher premium.
ISO open-peril forms include the CP 10 30 Special Causes of Loss form (commercial), HO-3 (open-peril on the dwelling, named-peril on contents), and HO-5 (open-peril on both dwelling and contents). The DP-3 Dwelling Special Form is the dwelling-program parallel.
Burden of Proof — the Tested Trap
- Named-peril: insured proves the loss came from a covered peril.
- Open-peril: insurer proves an exclusion to escape paying.
Exam items love this reversal. A common distractor states that the insurer always carries the burden of proof; that is true only for open-peril forms.
Standard Exclusions Across Forms
Certain causes of loss are excluded under essentially every property form because they are catastrophic, uninsurable in the standard market, or covered elsewhere:
- Ordinance or law (cost to comply with building codes)
- Earth movement (earthquake, landslide, sinkhole collapse)
- Flood and surface water
- War, nuclear hazard, and governmental action
- Wear and tear, deterioration, inherent vice
- Intentional acts by the insured
These appear in the Exclusions section and are frequently subject to the anti-concurrent causation language, which denies coverage when an excluded peril combines with a covered one to produce the loss.
Anti-Concurrent Causation and Ensuing Loss
Two clauses decide close cases. Anti-concurrent causation (ACC) language states that an excluded peril is excluded even if a covered peril contributes to the loss "in any sequence." So if wind-driven rain and flood both damage a building, the flood exclusion can bar the entire claim under ACC wording — a frequent post-hurricane dispute.
The ensuing-loss (resulting-loss) exception softens some exclusions: although a cause (such as faulty workmanship) is excluded, any ensuing covered peril it sets off is still covered. Example: defective wiring is excluded, but the resulting fire is covered, because fire is a covered ensuing peril.
Matching Perils to the Standard Forms
Memorize which programs use which approach, because the exam asks it directly:
| Program / Form | Dwelling | Contents |
|---|---|---|
| DP-1 Basic | Named (basic perils) | Named |
| DP-2 Broad | Named (broad perils) | Named |
| DP-3 Special | Open-peril | Named (broad) |
| HO-2 Broad | Named | Named |
| HO-3 | Open-peril | Named |
| HO-5 | Open-peril | Open-peril |
| HO-8 Modified | Named, FRC valuation | Named |
Direct vs. Indirect Loss
A final distinction: a direct loss is physical damage to covered property from a covered peril (the burned building). An indirect (consequential) loss is the financial fallout that follows — lost rent, business income, extra expense, or spoilage. Indirect losses require their own coverage (business income, extra expense, spoilage endorsements); a standard property form covering only direct damage will not pay them. Exam distractors blur the two, claiming a basic fire policy automatically covers lost income; it does not unless time-element coverage is added.
Putting the Trigger to Work
In practice, the named-peril versus open-peril choice changes how an adjuster and an insured argue a claim. On a named-peril dwelling, the insured opens the file by identifying the listed peril and documenting that it caused the damage; if the proximate cause is not on the schedule, the file closes with a denial regardless of how severe the loss was. On an open-peril form the adjuster instead reviews the exclusions, and unless one clearly applies the claim is paid, which is why open-peril forms cost more and are marketed as premium products.
When you see an exam stem that gives a form name, immediately recall whether it is named or open peril and who therefore must prove what; that single recall resolves a large share of property questions. Remember too that contents and the dwelling can carry different approaches within the same policy, as the HO-3 demonstrates with open-peril structure but named-peril contents.
Under an open-peril (special form) policy, who bears the burden of proof when a claim is filed?
Which of the following is correctly described as a HAZARD rather than a peril?