Chapter 7 - RIBO Comprehensive Homeowner Tenant Condominium Unit Owner Package Policy Flashcards
Insured
“Insured” means the person(s) named in the coverage summary page and, while living in the same household,
•Their spouse. A spouse is defined as:
○Either a man or a woman who are married to each other or who have together entered into a marriage that is voidable or void; or
○Either of two persons who are living together in a conjugal relationship outside marriage and have so lived together continuously for a period of three years. Or, if they are the natural or adoptive parents of a child, for a period of one year.
- The relatives of either. (This can include children, parents, or grandparents; there is no age barrier.)
- Any person under 21 in their care. (This can include foster children or exchange students. However, roomers and boarders of any age are not included in this definition.)
Premises
In the case of a Homeowner Policy, “premises” means the dwelling and the land contained within the lot lines on which the dwelling is situated. In the case of a Tenant or Condominium Unit Owner Policy, it means the dwelling or unit and includes garages, outbuildings, and private approaches reserved for the tenant’s use and occupancy only.
It is important to know this definition. If an insured owns or occupies property other than those covered by these definitions, that property should be added to the policy to ensure proper coverage.
Vacancy
- Whether partially or fully furnished, the occupant(s) has/have moved out with no intent to return.
- A newly constructed dwelling is vacant after it is completed and before the occupants move in.
- The occupant has moved out and no new occupant has moved in.
Insureds make assumptions that policies will remain in force until expiry, no matter the circumstances of occupancy. As a broker, you’ll have to become familiar with these assumptions and help your clients become better informed.
Another common occurance is for an elderly person who lives alone and is moved into a long-term care facility (e.g. nursing home) for 2 months after an event like major surgery. Since there is the intent to return, the home is not considered vacant.
Other Definitions
Other definitions - things that are important but not main focus
— such as “business,” “domestic water container,” “fungi,” “mold,” “ground water,” “surface water,” “residence employee,” and “watermain” — should also be studied, as they all have a direct impact on limits and coverages. They are no less important than the three terms noted above.
Section I: Property Coverages
Coverage Property Applicability
Coverage A Dwelling building Homeowner
Coverage A1, A2, and A3 Condominium unit owner
Coverage B Detached private structurer Homeowner
Coverage C Personal property contents All
Coverage D Additional living expense All
Coverage A: Dwelling Building (Homeowner Applicable Only)
The dwelling and attached structures
Structures such as an attached or built-in garage, a carport, a deck, or a sunroom would be insured under this limit and should be included when determining the building value.
Coverage A: Dwelling Building (Homeowner Applicable Only)
Permanently installed outdoor equipment on the premises
This includes items permanently embedded in concrete or otherwise fixed to the land, such as swings, slides, and lawn sprinkler systems.
Coverage A: Dwelling Building (Homeowner Applicable Only)
Outdoor swimming pool and attached equipment:
Both above- and in-ground pools are covered in this section. They should be noted in the Home Evaluation Calculator, which would determine their value — this takes away the guesswork of trying to determine ages of pools or landscaping costs.
Coverage A: Dwelling Building (Homeowner Applicable Only)
Certain construction materials and supplies:
Material and supplies located on or adjacent to the premises intended for use in the construction, alteration, or repair of the dwelling or private structures on the premises. This applies for both houses under construction and for dwelling renovations.
Note: If theft is excluded from coverage while a dwelling is being constructed, then this coverage will apply only when the dwelling is completed and ready to be occupied.
Note: The building supplies must be intended for use on the insured’s premises and not some other building.
Coverage A: Dwelling Building (Homeowner Applicable Only)
Building fixtures and fittings temporarily removed:
Storm doors, windows, and shutters temporarily removed for repair or storage are covered up to 10% of the building value. These items must be currently used; the coverage is not intended to cover items rendered obsolete by retrofitting with new, energy-efficient windows and doors. Obsolete items stored in a shed that subsequently burns down are not covered.
Coverage A: Dwelling Building (Homeowner Applicable Only)
Outdoor trees, shrubs, plants, and lawns:
The insured can opt to apply up to 5% of the value of Coverage A: Dwelling Building to outdoor trees, shrubs, plants, and lawns. There is a maximum of $500 for any one of these perils including debris removal, and the coverage is limited to:
○Fire.
○Lightning.
○Explosion.
○Impact by aircraft or land vehicles.
○Riot and vandalism.
○Malicious acts.
There is no coverage for the perils of windstorm, hail, or theft. Coverage is for domestic plants only.
Coverage A1, A2, and A3 (Condominium Unit Owner Applicable Only)
A condominium is defined as
“a system regulated by statute to allow clear and full ownership of a specific unit with a building and a shared interest and responsibility in the Common elements (known as common property).”11
The ownership of the condominium building is in the name of the condominium corporation (also known as a strata corporation in some parts of Canada) and, once established, the condominium corporation enacts its own by-laws to govern and direct its actions. Individuals may own one or more units and will have a proportionately divided interest in the condominium’s common elements, which include:
- Parking areas.
- Walkways.
- Landscaping.
- Recreational areas.
- Pools.
- Saunas.
It is the responsibility of the condominium corporation to insure the value of the building and all its common elements under a master policy.
Individual owners of the units are responsible for insuring the contents of their units.
COVERAGE A1: THE UNIT
For Coverage A1, $100,000 is provided as the minimum amount on the unit itself, excluding any improvements and betterments if no insurance is carried by the corporation, or that insurance limit is inadequate or ineffective. However, this limit can be increased.
Coverage A1 also provides coverage for:
- Building fixtures and fittings.
- Frescoes.
- Plate glass, other glass.
- Permanently installed outdoor equipment located anywhere on the property administered by the corporation.
This coverage cannot be used to pay any portion of any deductible under the corporation master policy.
COVERAGE A2: LOSS ASSESSMENT
If coverage under the corporation master policy is inadequate to cover losses to collectively owned property, a special assessment may be levied against each unit owner. This could occur because of under-insurance, a large deductible, the application of a co-insurance penalty, the cause of the loss not being an insured peril, or a breach of the policy conditions.
This form provides the unit owner with loss assessment coverage in the amount of $10,000, which can be increased by payment of additional premium. This form does not cover all assessments, and it will apply only when the assessment is due to a loss insured under the unit owner’s policy. If the loss is excluded under the unit owner’s policy, there is no coverage available. Coverage cannot be used to pay any portion of any deductible under the condominium master policy.
*I think this means if the corporation sucks and they can’t insure everyone, A2 gives a basic of 10k assessment coverage to see how much can be insured..”
COVERAGE A3: UNIT IMPROVEMENTS AND BETTERMENTS
Any betterments or improvements made to a condo unit made by the condo owner will increase the replacement value of the unit. Such increases are not recoverable under the condominium corporation’s master building insurance policy. In the past, high-rise condominium corporations typically defined a standard unit to include the values of the original carpeting, wall covering, and the plumbing fixtures of each unit. These values were factored into the amount of insurance provided by corporation master building insurance policy. It is important to note that most new and many older condominium corporations have amended the description of a unit to the effect that some or all of the above items are all considered under betterments and improvements. (i.e. they are not part of the standard unit and will not be covered by the corporation’s master building insurance policy. The result is each unit owner is responsible for insuring those items.) Brokers really need to discuss this matter with their clients and ensure adequate coverage limits for unit improvements.
Coverage A3 provides 100% of the limit shown in Coverage A1 for the unit improvement and betterments made or acquired by the insured, including any building, structure, or swimming pool on the premises and any material and supplies on the premises for use in such improvements and betterments. As Coverage A3 follows Coverage A1, an increase in Coverage A1 will increase Coverage A3.
Many owners of older condominium units will undertake major renovations to replace outdated kitchens and bathrooms, so brokers must make the insured aware that recovery for these expenses is made through their own policy and not the master policy. It’s wise to mention this at every renewal review so that the limits can be addressed.
Coverage B: Detached Private Structures (Homeowner Applicable Only)
The policy insures structures or buildings on the premises separated from the dwelling by a clear space and not included under Coverage A: Dwelling Building. Even if they are connected by a fence, utility line, or a similar connection, they will be considered detached. The normal limit is 10% of Coverage A: Dwelling Building, and the policy does not prorate that limit if there is more than one private structure. Because this coverage is automatic, the detached structures do not have to be declared. If the detached structure is a large building and its value is more than the 10%, this should be noted on the policy.
Coverage C: Contents (Applicable to All)
Under this section, residential contents are covered at three different locations: on-premises coverage, off-premises coverage, and student coverage.
Coverage C: Contents (Applicable to All) - ON-PREMISES COVERAGE
This insuring agreement includes “all personal property you own, wear or use while on your premises, which is usual to the ownership or maintenance of a dwelling.” This definition of personal property is extremely broad. It includes all dwelling contents, clothing, and other personal items, and any other property owned or used on the premises.
If the insured wishes, this coverage can be extended to include “uninsured personal property of others” while it is in a portion of the dwelling occupied by the insureds. Payment will be made whether the insured is responsible for the loss. However, property of roomers and boarders who are not related to the insured are an exception — their property is not covered under this form, and they need to purchase the required coverages under their own policy.
Coverage C: Contents (Applicable to All) - OFF-PREMISES COVERAGE
Personal property is covered while it is temporarily away from the premises, anywhere in the world. If the insured wishes, they can include uninsured personal property belonging to others while in the insured’s possession or belonging to a residence employee travelling with the insured.
Property in storage, in a controlled access location, is covered on an all-risks basis for only 30 days. If requested in writing, coverage may be extended beyond that date, but only for the peril of theft.
Coverage C: Contents (Applicable to All) -
STUDENT COVERAGE
This covers the personal property of any student insured by this policy, who is temporarily living away from home for the purpose of attending a school, college, or university. This coverage would cease when the student graduates or ceases to be a tuition-paying student. They would be required to purchase their own policy at that time. This coverage has a special limit with respect to theft.
Coverage C: Contents (Applicable to All) - APPLICABLE TO TENANTS
In addition to the three types of contents coverages above, there is one more component: applicable to tenants. This is coverage provided for improvements or betterments that insureds make or acquire to the dwelling that they rent. They are included under personal property.
Coverage C: Contents (Applicable to All) - Exclusions and exceptions
- Motorized vehicles or their equipment (except for watercraft, lawn mowers, other gardening equipment, snow blowers, remote-controlled caddies, wheelchairs, or scooters having more than two wheels and that are specifically designed for the carriage of a person who has a physical disability).
- Camper units, truck caps, trailers, or their equipment.
- Aircraft or their equipment, including audio, visual, recording, or transmitting equipment powered by the electrical system of a motor vehicle or aircraft. Equipment does not include spare automobile parts.
- Personal property normally kept at any other location owned, rented, or occupied by the insured.
- Outdoor trees, shrubs, plants, lawns, or other items grown for commercial purposes.