3.3 Dwelling Perils, Conditions, and Endorsements
Key Takeaways
Dwelling forms exclude ordinance/law, earth movement, flood, sewer backup, war, and nuclear hazard.
Replacement cost on DP-2/DP-3 applies only if at least 80% of RC is carried; below that the coinsurance penalty (Carried ÷ Required × Loss) applies.
Vacancy beyond 60 days suspends vandalism, glass, and water-damage coverage; proof of loss is due within 60 days of request.
The Standard Mortgage Clause protects the mortgagee even when the insured's own act voids recovery; theft requires a separate endorsement.
Standard Exclusions
All three dwelling forms exclude catastrophic, non-fortuitous, and maintenance losses. On the DP-3 these exclusions are what carve coverage out of the otherwise open-perils building grant. The core list:
- Ordinance or law (extra cost to rebuild to current code) — buy back with the Ordinance or Law endorsement
- Earth movement (earthquake, landslide, sinkhole) and flood/surface water — covered only by separate policies/endorsements
- Water damage from sewer/drain backup and seepage below grade
- Power failure off premises, neglect, war, nuclear hazard
- Intentional loss by an insured
Two exclusion concepts the exam stresses are anti-concurrent causation and ensuing loss. Under anti-concurrent causation language, if an excluded peril (such as flood or earth movement) combines with a covered peril to cause one loss, the entire loss is excluded — the insured cannot recover by pointing to the covered contributor.
The ensuing-loss exception runs the other way: if an excluded cause leads to a separate covered peril, that resulting loss is paid. Classic example: faulty workmanship (excluded) causes a pipe to leak, which sparks a fire (covered) — the fire damage is paid even though the workmanship is not.
Loss Settlement and Coinsurance (Worked)
DP-2 and DP-3 settle the building at replacement cost provided the insured carries at least 80% of replacement cost. Fall below the 80% requirement and the loss is paid by the coinsurance/replacement-cost penalty formula:
Recovery = (Carried ÷ Required) × Loss − Deductible
Worked example. A home costs $400,000 to replace. The 80% requirement is $320,000. The owner insures only $240,000 Coverage A. A partial loss of $50,000 occurs with a $1,000 deductible.
- Ratio = 240,000 ÷ 320,000 = 0.75
- Recovery = 0.75 × $50,000 = $37,500 − $1,000 = $36,500 (the insured eats the rest)
If the insured had carried the full $320,000, the same $50,000 loss would pay $49,000 after the deductible. Trap: the comparison is carried vs. required (80% of RC), not carried vs. total replacement cost.
Key Conditions and Endorsements
Tested conditions:
- Vacancy: vandalism, glass breakage, and water damage are suspended after 60 consecutive days of vacancy.
- Duties After Loss: the insured must give prompt notice, protect from further damage, and submit a signed, sworn proof of loss within 60 days of the insurer's request.
- Appraisal: when both sides agree the loss is covered but disagree on amount, either party may demand appraisal — each names an appraiser, the two pick an umpire, and agreement of any two binds the amount.
- Standard (Union) Mortgage Clause: protects the mortgagee's interest even if the insured's own act (e.g., arson, misrepresentation) voids the insured's recovery.
Common endorsements: Automatic Increase in Insurance (inflation guard), Broad Theft / Limited Theft (theft is not in the base DP), Dwelling Under Construction, and a Personal Liability Supplement to bolt on the missing liability/med-pay.
Theft Endorsements — Broad vs. Limited
Because theft is excluded from every base dwelling form, an owner-occupant who wants it must add a theft endorsement, and the choice depends on occupancy:
- Broad Theft Coverage — for an owner-occupied dwelling; covers theft on and away from the premises plus related damage from break-in.
- Limited Theft Coverage — for a tenant-occupied (rental) dwelling; covers on-premises theft only, recognizing the landlord cannot control off-premises exposure.
Trap: offering Broad Theft on a pure rental is an error — the landlord does not have an off-premises personal-property exposure to insure. Match the endorsement to who lives in the dwelling.
Pro-Rata Other Insurance and Subrogation
Two conditions round out the exam coverage of the dwelling forms:
- Other Insurance: if two policies cover the same loss, the dwelling form pays its pro-rata share — its limit divided by the total of all applicable limits.
- Subrogation: after paying, the insurer steps into the insured's rights to recover from the at-fault party; the insured must not impair that right (e.g., by signing a waiver after the loss).
Pro-rata worked example. A $100,000 loss is covered by Policy A ($150,000 limit) and Policy B ($50,000 limit), total $200,000. Policy A pays 150,000 ÷ 200,000 × $100,000 = $75,000; Policy B pays the remaining $25,000.
Cancellation, Nonrenewal, and the Inflation-Guard Endorsement
The dwelling forms set baseline cancellation notice rules that state law often lengthens:
- Nonpayment of premium: the insurer may cancel with as little as 10 days' written notice.
- Other reasons, policy in force 60 days or less: typically 10 days' notice (the carrier is still underwriting).
- Other reasons, policy in force more than 60 days: generally 30 days' notice, and only for permitted reasons.
- A named mortgagee receives its own notice and may pay the premium to keep coverage in force.
The Automatic Increase in Insurance (Inflation Guard) endorsement raises Coverage A by a stated percentage over the policy term to keep pace with rising rebuilding costs — important because falling behind the 80% replacement-cost requirement triggers the coinsurance penalty on a later loss. Trap: inflation guard increases the limit and the premium; it does not retroactively cure an under-insured loss that has already occurred.
A DP-3 insures a dwelling whose full replacement cost is $400,000. The owner carries $240,000 of Coverage A. A $50,000 partial loss occurs with a $1,000 deductible. Applying the 80% replacement-cost requirement, how much does the policy pay?
$49,000
$37,500
$36,500
$30,000
After a covered fire the insured and insurer agree the loss IS covered but cannot agree on the dollar amount of damage. Which policy condition resolves the dispute?
Subrogation
Appraisal
Salvage
Abandonment
Sections you finish are checked off in the contents.