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?
The insured must prove the loss was caused by a peril named in the policy
The insurer must prove an exclusion applies in order to deny the claim
Neither party — open-peril policies pay all claims automatically
The state insurance department decides each disputed claim
Which of the following is correctly described as a HAZARD rather than a peril?
A lightning strike that ignites a barn
Gasoline stored in an open container in a basement
Windstorm tearing shingles off a roof
Vandalism breaking a storefront window
Sections you finish are checked off in the contents.