Chapter 5 Homeowners Flashcards
Eligibility
All homeowners forms, with the exception of the Contents Broad Form (HO–4) and Unit-owners Form (HO–6), require the named insured to be the owner/occupant of the insured dwelling. The dwelling must be the principal residence of the named insured, and incidental business occupancies such as offices, studios, and schools are permitted.
The Contents Broad Form (HO–4) and Unit-owners Form (HO–6) are written to insure the personal property and personal liability of the named insured who does not own the building in which he/she lives. The HO–4 is designed for tenants of residential units (i.e., dwellings and apartment units) and provides no coverage for buildings and other structures. The HO–6 is designed for the owners and tenants of condominium or cooperative units. Coverage is provided for the portion of the building the named insured owns (or is responsible for insuring), personal property, and personal liability.
Eligible residential dwellings are those containing one to four residential units and no more than 2 roomers or boarders per family. Dwellings under construction, and that will be the primary residence of the named insured upon completion of construction, are also eligible for coverage.
HO–2 (Broad Form)
This form provides named perils coverage for the dwelling (Coverage A), other structures (Coverage B), and personal property (Coverage C). The 16 named perils are:
Fire or lightning Windstorm or hail Explosion Riot or civil commotion Aircraft Vehicles Smoke Volcanic eruption Vandalism or malicious mischief Theft (limited) Falling objects Weight of ice, snow, or sleet Accidental discharge or overflow of water or steam Sudden and accidental tearing apart, cracking, burning, or bulging of heating or air conditioning systems (HVAC) Freezing Sudden and accidental damage from artificially generated electrical current
Losses under Coverages A and B are valued on a replacement cost basis. Although coverage for personal property (Coverage C) is provided on the same named perils basis as the dwelling and other structures are, losses are valued on an actual cash value (ACV) basis.
This form does not cover loss to a fence, driveway or walk caused by a vehicle owned or operated by the insured.
HO–3 (Special Form)
In the Special Form (HO–3), the dwelling and other structures (Coverages A and B) are insured on an open perils basis, meaning all perils are insured if they aren’t specifically excluded in the policy. Losses to the dwelling and other structures are valued on a replacement value basis just as they are in the HO–2. The Special Form (HO–3) specifically excludes the following causes of loss under Coverage A and B:
Collapse, except as provided by Additional Coverages
Freezing of household appliances or a plumbing, heating, air conditioning, or automatic fire protective system unless the insured has taken reasonable care to maintain heat in the building or shut off the water supply and drained the appliances and systems of water
Freezing, thawing, pressure or weight of water or ice on patios, fences, swimming pools, foundations, piers, docks, retaining wall
Theft in or to a dwelling under construction, including construction-related materials and supplies
Vandalism and malicious mischief, including ensuing loss, if the dwelling has been vacant for more than 60 consecutive days immediately before the loss
Mold, fungus, or wet rot unless resulting from accidental discharge or overflow of water or steam that is hidden from view
Wear and tear, marring, deterioration, mechanical breakdown, latent defect, inherent vice, smog, rust, corrosion, dry rot
Smoke from agricultural smudging or industrial operations
Pollution including discharge, dispersal, seepage, migration, or release of smoke, vapor, fumes, acids, or other chemicals unless such discharge is caused by a Coverage C Peril Insured Against
Settling, cracking, bulging, or expansion of foundation, walls, floors, pavements, patios
Birds, vermin, rodents or insects
Animals owned or kept by an insured
Personal property (Coverage C) is insured on a named perils basis that includes the same 16 named perils in the Broad Form (HO–2). Coverage C losses are valued on an actual cash value basis. It Includes losses to a fence, driveway or walk caused by a vehicle owned or operated by the insured.
The burden of proof for losses to the dwelling and other structures falls to the insurer because coverage is provided on an open perils basis. On the other hand, the burden of proof for losses to personal property falls to the insured to show which of the 16 named perils caused the loss.
HO–4 (Contents Broad Form)
The Contents Broad Form is also known as the renter’s or tenant homeowners policy. It doesn’t provide any coverage for the dwelling or other structures because it’s designed to insure those who are tenants. The HO–4 insures personal property under Coverage C against loss from the 16 named broad form perils found in the HO–2 and HO–3 forms. Personal property losses are valued on an actual cash value basis, as they are on the HO–2 and HO–3 forms.
HO–5 (Comprehensive Form)
The Comprehensive Form provides the broadest coverage of any of the homeowners forms. Coverage A - Dwelling, Coverage B - Other Structures, and Coverage C - Personal Property provide insurance on an open perils basis.
Losses to the dwelling and other structures are valued on a replacement cost basis, losses to personal property are valued on an actual cash value basis.
In what way is the HO–5, Comprehensive Form different from the HO–3, Special Form?
Personal property is insured on an open perils basis
HO–6 (Unit-Owners Form)
The Unit-owners Form provides named perils coverage to the owner of a condominium or cooperative unit under Coverage A - Dwelling and Coverage C - Personal Property. Coverage B does not appear in this form; however, if the owners of condominiums or cooperative units wish to insure other structures, the value of other structures may be included in the Coverage A limit of insurance.
The form insures real property (building and building items) for which the insured is responsible under the bylaws of the condominium association or cooperative corporation. It also insures personal property of the insured while anywhere in the world.
An owner of a condominium unit would purchase which Homeowner form?
The HO-6 covers the personal property of the condominium unit owner as well as building coverage.
HO–8 (Modified Form)
The loss valuation method for the Modified Coverage Form is typically Actual Cash Value (ACV). However, if exact materials are not available, they may be replaced with materials that will perform the same function and have the same efficiency, even if they aren’t of like kind and quality.
The Modified Coverage Form is often used to insure older homes when the replacement and market values of the dwelling are disproportionate or if a moral / fire hazard would be created if insurance were written at 100% of replacement cost.
An example of a dwelling that would be insured under this coverage form is an old Victorian home. If the property were destroyed in a loss, the insured would not want to restore or replace it exactly as it was before the loss, or they may not be able to find the necessary materials to recreate the dwelling exactly as it was. Instead of insuring the dwelling for its replacement value of $1,200,000, the insured could insure it for a much lower amount of insurance using this form.
The HO-8 does not cover the following perils:
Falling objects
Weight of ice, sleet, or snow
Accidental discharge of water or steam
Accidental tearing apart, cracking, burning, or bulging of heating or air conditioning systems
Freezing
Sudden and accidental damage from artificially generated electrical current
Determine which of the following coverages under each form is provided on a named perils or open perils basis
Named Perils Basis HO-2 Coverage C HO-2 Coverage B HO-2 Coverage A HO-3 Coverage C HO-4 Coverage C HO-6 Coverage A HO-6 Coverage C
Open Perils Basis HO-3 Coverage A HO-3 Coverage B HO-5 Coverage C HO-5 Coverage B HO-5 Coverage A
Match the Homeowners form to the coverage it would provide.
HO–4 (Contents Broad Form)
R is a tenant of a house, and their couch is damaged by accidental discharge of water. The insurer pays the claim on an actual cash value basis.
HO–5 (Comprehensive Form)
The insured property and some contents inside are damaged after a deer broke into the home. The insurer pays for damages to the building on a replacement cost basis and damages to personal property on an actual cash value basis.
HO–3 (Special Form)
The insured property was vandalized, and the windows and fence were damaged. The insurer pays the claim on a replacement cost basis.
HO–8 (Modified Form)
The insured property is damaged in a hailstorm. Because of the age of the home, the insurer pays for materials that will perform the same function as the original materials.
HO–2 (Broad Form)
J is teaching a family member, T, how to drive J’s car. T accidentally drives into J’s garage and fence, causing damages. The damages to the garage are covered on a replacement cost basis, but the damage to the fence would not be covered under this form.
HO–6 (Unit-Owners Form)
The insured condo is damaged by burglars. The insurer pays for the damage to the property, but it does not cover the contents that do not belong to the insured.
The named insured is the person or persons designated on the policy’s declarations page and should be the party or parties holding deed to the property being insured. In situations where real property is owned by a trust, the named insured will be the trustee(s) living in the insured dwelling.
Insured means:
The named insured and his or her resident spouse if the resident spouse is a member of the named insured’s household.
Other residents of the named insured’s household who are:
Relatives of the named insured, meaning they are related by blood, marriage, or adoption
Under the age of 21 and in the care of any insured
Full-time students living away at college if they:
Are under age 24 and related to the named insured
Were a resident of the named insured’s household before moving away to college, OR
Are under age 21 and in the care of the named insured or a resident relative
Under Section II Liability Coverages, any person or organization legally responsible for covered animals or watercraft owned by an insured, unless custody of such animals or watercraft is in the course of “business” — as defined by the policy.
With respect to a “motor vehicle” to which liability coverage applies, persons using a covered vehicle on an insured location with the insured’s consent, and persons while engaged in the employment of the named insured or a resident relative.
A related, full-time student away at school and under what age is considered an insured on the Homeowner policy?
24
Insured Location means:
The residence premises
The part of any other premises, structures, or grounds used by the insured as a residence if it is shown in the Declarations or acquired by the named insured during the policy period for use as a residence
Any premises described above used by the named insured, such as a boat slip
Any premises not owned by an insured and where the insured is temporarily residing, such as hotel rooms and summer vacation rentals
Vacant land, other than farm land, owned by or rented to an insured
Land owned by or rented by an insured on which a 1, 2, 3, or 4-family dwelling is being built as a residence for an insured
Individual and family cemetery plots or burial vaults of an insured
Any part of a premises occasionally rented to an insured for other than business purposes, such as a banquet hall where a wedding reception is hosted
Residence Employee means:
An employee of, or leased under an agreement to, an insured, whose duties are related to the maintenance or use of the residence premises. These duties include household and domestic services, such as those of a gardener or nanny.
A person who performs similar duties elsewhere that are not related to any business of the insured, such as a person hired to paint the insured’s house, as long as the insured doesn’t own a business that paints houses.
Residence Premises means:
The 1-family dwelling where the named insured resides.
The 2-, 3-, or 4-family dwelling in which the named insured resides in at least one of the family units.
That part of any other building where the insured resides.
The residence premises also includes other structures and the grounds at that location, such as the 5 acres upon which the insured resides, including the barn, detached garage, and swimming pool.
Business means:
A trade, profession, or occupation engaged in on a full-time, part-time, or occasional basis.
Any other activity engaged in for money or other compensation, EXCEPT:
Volunteer activities for which no compensation is received other than expense reimbursement.
Home daycare services for which no compensation is received other than the mutual exchange of day care services.
Rendering home daycare services to a relative of an insured.
Any other activity not described above for which no insured receives more than $2,000 in compensation during the 12 months before the current policy term.
Deductibles
The deductible applies to all losses unless otherwise noted in the policy. With respect to any one loss, the policy will only pay that part of the total of all loss payable under Section I that exceeds the deductible amount shown in the declarations — subject to the policy limits.
Although the standard homeowners policy deductible is $250, an insured may choose a higher or lower deductible. As the deductible increases, the policy premium decreases. For example, the premium for a policy with a $1,000 deductible will be less than a premium for a policy with a $250 deductible.
Section I – Property Coverages
Homeowners Coverages Section I Section II Coverage A - Dwelling Coverage E - Personal Liability Coverage B - Other Structures Coverage F - Medical Payments to Others Coverage C - Personal Property
Coverage D - Loss of Use
Coverage A – Dwelling
The policy covers:
Dwelling on the residence premises shown in the declaration, including structures attached to the dwelling.
Materials and supplies located on or next to the residence premises used to construct, alter, or repair the dwelling or other structures on the residence premises. For example, the pile of lumber in the insured’s back yard that will be used to construct a deck off the kitchen.
The policy does not cover:
Land on which the dwelling is located.
Theft in, to, or from a dwelling under construction, including materials used in the construction.
Vandalism and malicious mischief including ensuing loss, if the dwelling was vacant for more than 60 consecutive days immediately before the loss.
When a limit of liability is chosen for Coverage A – Dwelling, the other three property coverages (B, C, and D) are automatically issued at limits equaling a specific percentage of the Coverage A limit of liability. If these limits are inadequate, the insured may purchase higher limits.
In most cases, the insurer requires the named insured to purchase insurance in an amount that is no less than 80% of the dwelling’s replacement value. If, at the time of a loss, the amount of insurance on the dwelling is less than 80% of the dwelling’s replacement value, a penalty will be applied to partial losses. If 80% replacement cost is not carried, ACV will apply.
Coverage A – Dwelling does not cover vandalism and malicious mischief if the dwelling has been vacant for how many days?
60 days
Coverage B – Other Structures
The policy covers other structures on the residence premises that are set apart from the dwelling by a clear space. Structures connected to the dwelling by only a fence or utility line are considered set apart, for example, sheds, detached garages, built-in pools.
No coverage is provided under Coverage B for 4 types of property:
Land, including land on which the other structures are located.
Other structures rented or held for rental to anyone who isn’t a tenant of the dwelling, unless the other structure is used solely as a private garage.
Other structures from which any “business” is conducted.
Other structures used to store business property that is owned by someone other than an insured or a tenant of the dwelling.
This insurance limit is 10% of the Coverage A limit of liability, does not reduce the Coverage A limit of liability, and may be increased by endorsement.
Coverage C – Personal Property
The policy covers personal property owned or used by an insured while it’s anywhere in the world. After a loss, and at the named insured’s request, it covers property owned by others while it’s on the residence premises occupied by an insured or property owned by a guest or residence employee while located in any residence occupied by an insured.
Coverage for property at another residence is limited. If personal property is usually located at an insured’s residence other than the residence premises, coverage is limited to 10% of Coverage C or $1,000, whichever is greater. For example: property usually located in a student’s dormitory or at the insured’s summer home. This limit doesn’t apply to property being moved because it’s being repaired or rebuilt, located in a newly acquired principle residence during the first 30 days after being moved, or the residence premises is not fit to live in or store property in.
Special limits of liability apply to certain categories of personal property.
Special Limits
of Liability
Money, bank notes, bullion, coins, medals, etc. $200
Securities, deeds, evidences of debt, notes other than bank notes,
manuscripts, passports, tickets and stamps $1,500
Watercraft of all types, including their trailers, furnishings,
equipment, engines, and outboard motors. Loss resulting from
wind or hail is excluded unless in a fully enclosed building
$1,500
Trailers or semi-trailers not used with watercraft of all types $1,500
Loss by theft of jewelry, watches, furs, precious or semiprecious
stones $1,500
Loss by theft of fi rearms and related equipment, such as holsters
and ammunition. $2,500
Loss by theft of silverware, goldware, pewterware, platinumware,
tea sets, trays, trophies, and fl atware. $2,500
Property on the residence premises used primarily for business
purposes (e.g., a personal computer used by the insured in a
home-based business). The limit does not apply to a personal
computer used by the insured occasionally when bringing
work home from the offi ce, and used primarily for personal and
household purposes.$2,500
Property away from the residence premises used primarily
for business purposes. This limit doesn’t apply to electronic
apparatus. Different editions of the homeowners policy provide
different limits of insurance for this coverage.
$500
Electronic apparatus and accessories while in or on a motor
vehicle, but only if equipped to be operated by power from the
motor vehicle while still being capable of operation by other power
sources. Accessories include antennas, tapes, wires, records,
disks, etc.
$1,500
Electronic apparatus and accessories used primarily for “business”
purposes while away from the residence premises and NOT in
or upon a motor vehicle, but only if equipped to be operated by
power from the motor vehicle while still being capable of operation
by other power sources. Accessories include antennas, tapes,
wires, records, disks, etc.
$1,500