(June 2013)
INTRODUCTION
The Insurance Services
Office (ISO) Commercial Property Program Causes of Loss Forms are designed to
complete the coverage that the coverage form provides. The separate causes of
loss forms allow the insured to customize its coverage. After selecting the
appropriate coverage, the insured then selects a causes
of loss form for each insured property. This gives it maximum flexibility to
arrange its insurance coverage.
The Causes of Loss Forms
answer the question, "What must happen in order for coverage to
apply?" The more causes of loss provided, the more expensive the policy.
The three Causes of Loss forms are:
- CP 10 10–Causes of Loss–Basic Form
- CP 10 20–Causes of Loss–Broad Form
- CP 10 30–Causes of Loss–Special Form
The form used most often
is CP 10 30–Causes of Loss–Special Form. For this reason, this analysis builds
on this form. The other two forms are analyzed at the end of this section, with
emphasis on how they differ from CP 10 30.
Related Article:
ISO Commercial Property Causes of Loss Comparison
Note: This analysis is based on the 10 12 edition
of each form. Changes from the previous edition are in bold print.
The declarations must
list a causes of loss form for each item of covered
property. If it is CP 10 30–Causes of Loss–Special Form, coverage applies based
on risks of direct physical loss or damage. The coverage this form provides is
extremely broad because any physical event that causes loss or damage to
covered property is covered unless it is modified elsewhere in this causes of loss form.
CP 10 30 has three
categories of exclusions. Each has multiple subparts.
Editorial note: ISO does not give titles to the major categories of
exclusions. To assist in the analysis, we have included the title given to help
identify the exclusion’s main intent.
The causes of loss in this exclusion do not apply to loss or damage
caused directly, indirectly, or in any sequence in a chain of events that
contribute to the loss. Exceptions to the chain of events condition are stated
in the specific exclusion subpart. The lead wording emphasizes that coverage
for any event analyzed in these exclusions does not apply even if the event is
widespread.
Related Article: Concurrent Causation and Anti-Concurrent
Causation Clauses–An Analysis
a. Ordinance or Law (10 12 change)
Local governments develop
ordinances and laws that relate to construction, remodeling, and repair of
buildings. Most are not retroactive. As a result, existing buildings are
grandfathered out of the ordinance until they must undergo renovations or
repairs. When a substantial loss occurs and rebuilding, remodeling, or repair
is necessary, the grandfathered laws activate and come into play. This
exclusion states that the coverage form does not apply to any costs associated
with enforcing or complying with such
laws and ordinances.
This exclusion also
states that coverage does not apply to the expense to remove undamaged portions
of the building or to rebuild them. There is also no coverage for the
additional cost to rebuild at a different location because ordinances or laws
do not permit the building to be rebuilt at the existing location. Finally, it
does not pay remodeling costs needed to bring the building up to current
standards.

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Example: Harvey’s Hogs started business operations in 1930. It
was located on the family farm 15 miles from Little Town. Over the years,
both Little Town and Harvey’s Hogs grew. As new subdivisions sprouted, the
town limits expanded and new city ordinances were enacted. One prohibited
livestock and other farm animals inside the city limits.
Over Harvey’s
objection, the land area where Harvey’s hatchery was located was incorporated
into the city. Harvey’s continued to operate as it did in the past and tried
to be a good neighbor but hogs were an unpleasant intrusion on city life.
The farm sustained a
significant covered loss that destroyed 60% of the building. Harvey was ready
to start rebuilding but the city inspector informed him that he could not do
so at the present location.
Because of this
exclusion Harvey recovers only 60% of the loss. He must cover the cost to
demolish the 40% undamaged portion of the building and also pay 40% of the
cost to rebuild at the new location.
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b. Earth Movement consists of five
separate components:
(1) Earthquake includes any
sinking, rising, or shifting of the earth directly related to the earthquake. The 10 12 edition adds tremors and
aftershocks to this list.
(2) Landslide includes any sinking, rising, or shifting of the
earth directly related to the landslide.
(3) Mine Subsidence is a specific problem in the Midwest.
This exclusion applies to only man-made mines and applies whether the mine is
operating or not. Mine subsidence coverage is an option that may be purchased
separately. In some states, mine subsidence coverage must be offered in certain
counties. If coverage applies to property located in Illinois, Indiana,
Kentucky, Pennsylvania, or West Virginia, the laws in those states should be
reviewed carefully to determine the way to handle this exposure.
(4) Sinkhole Collapse is covered but
all other sinking, rising, shifting, eroding, contracting, or expanding of the
earth is excluded. Loss or damage caused by or that results
from water movement beneath the ground and poor soil conditions is also
excluded.
However,
if any of the events described above cause or result in a fire or explosion,
the insurance company pays for the ensuing loss or damage the fire or explosion
causes.
Example: An earthquake rocks Bardsville.
While the buildings are virtually undamaged, the rigid gas lines break. A
spark causes the escaping gas to explode and the explosion results in Sam’s
Hardware building burning to the ground, despite heroic efforts by the fire
department to respond. This loss is covered because it resulted from a fire,
even though the fire was a direct result of an earthquake.
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(5) Volcanic eruption is not covered unless
fire, breakage of building glass, or volcanic action ensues. Volcanic
action includes airborne blasts and shockwaves, dust, ash, and particulate
material the volcano emits, as well as lava flow. The costs to remove dust,
ash, and particulate matter is excluded unless there is direct damage to the
covered property.
Note:
Volcanic eruptions are unpredictable, cause widespread damage, and usually
occur over a period of days. An eruption that takes place over a period of 168
consecutive hours is treated as one occurrence. This is very important to an
insured that has a substantial deductible for this coverage. Instead of a
number of deductibles applying to multiple events, only one deductible applies
to each 168-hour period. On the other hand, this also means that only one limit
is available for all losses that occur within that same time period.
Example: Prime Real Estate Management owns two commercial strip
centers and insures the buildings for a blanket limit of $6,000,000 on an
agreed value basis. A volcano erupts nearby and lava flow destroys one center
and a fire caused by flaming debris destroys the other. Each has a value of
$6,000,000. Since both losses are caused by the same occurrence, Prime
receives only $6,000,000 instead of $12,000,000.
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All aspects of this exclusion apply regardless of whether nature or any
other force causes the event. (10 12 addition)
Example: An earthquake damages Rapid Lines’ building. Joe, the
owner, is sure the earthquake is due to hydraulic fracking
taking place in various places throughout the county where his building is
located. He submits the earthquake claim as a fracking
claim instead of as an earthquake claim. Coverage is denied. The previous
edition would probably have denied the claim but this change makes it more
explicit.
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c. Government Action
Coverage does not apply
if the government seizes or destroys property. However, coverage does apply if
the action it took was to prevent the spread of fire.
Note: Coverage
applies only if the policy covers the fire the government is trying to stop.
Example: An anarchist group declares its secession from the
United States and establishes a separate country within the state of Indiana
known as "Free to Live." The group is armed and takes over a small
community by force. Since one of its tactics is to set fires, the government
has no choice but to burn other structures in order to establish a fire stop.
There is no coverage in this case since the government action was taken to thwart
a military action.
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d. Nuclear Hazard
There is no coverage
for loss or damage for anything related to nuclear hazards. Reactions,
radiation, and contamination are not covered. However, if a fire ensues, the
loss or damage that fire causes is covered.
e. Utility Services
Loss or damage due to
utility failure that begins away from the described premises is excluded. When
the failure begins on the insured premises, there is still no coverage if the
source of the failure is equipment that supplies off premises utility service
to the described premises. Utility failure is loss of power, water,
communications, and other utility services. It also includes lack of capacity
and reduction in supply.
CP 10 20 does not cover
Utility Services loss due to damage to equipment the utility owns that is on
the named insured’s premises.
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Communication services
include Internet, cellular, satellite, and other access services. Power surge
that occurs because of the power failure is excluded. If power failure or surge
results in a covered cause of loss, coverage applies to the damage that covered
cause of loss causes.
Example: A fire occurs at the electric power plant and causes a
blackout. Fred's Fine Foods loses refrigeration and the food spoils. When
looters discover that Fred's alarm system is not working, they break in and
steal food items. The spoiled food loss is not covered. The loss due to theft
is covered.
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Example: A windstorm rips the satellite dish and its connecting
lines from the hotel's roof. A number of scheduled meetings are cancelled
because teleconferencing is not available. There is no coverage for the loss
of income that results from the cancelled meetings or extra expenses
incurred.
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Related Court Case:
Fire and Casualty Insurance Power Failure Exclusion Was Not Ambiguous,
Barred Coverage
Related Article:
Utility Service Coverage
f. War and Military Action
This exclusion lists
three specific warlike activities.
- War.
This can be a declared, an undeclared, or a civil war.
- Military
force of a warlike nature. These activities must utilize military
personnel or agents of a government or other type of authority. The
actions taken to thwart any of these activities are also considered war.
- Insurrection,
rebellion, revolution, and attempts to usurp power. Any government action
taken to respond to such actions is also considered war.
Note: The words
"terrorism" or "terrorist" do not appear in this exclusion.
g. Water (10 12 changes)
Note: This exclusion was changed in January 2009 by introducing
mandatory endorsement CP 10 32–Water Exclusion Endorsement.
The mandatory wording in that endorsement is now incorporated into this
exclusion and CP 10 32 is no longer needed. Loss or damage caused by the
action of water outside the building is excluded. To further clarify this
exclusion, it is broken down into five separate components. Each defines exactly
what water means.
(1) Flood is excluded. Flood is surface
water, tides, tidal water, and
waves. Waves include tidal waves and tsunami.
Overflow of any body of water is also excluded. A body of water is a natural or
man-made river, creek, ocean, or lake. Spray from any of the above, wind-driven water, and storm surge are also excluded.
(2) Mudslide and mudflow occurs when a
sudden large volume of water mixes with unstable soil conditions and is excluded.
(3) The sewers, drains, and sumps part
of this exclusion is broadened in two ways. The first is the how and the second
is the what. In the 06 07 edition, water had to back up or overflow. In the 10 12 edition, the water can be
discharged in other ways. The 10 12 edition does not A description of those
other ways is not provided. Secondly, in the 06 07 edition, the water had
to come from a sewer, drain, or sump. In
the 10 12 edition, it may also come from a sump pump or related equipment. Related
equipment is not defined.
(4) Water saturated ground can create
hydrostatic pressure against a building's surface or subsurface portions. Loss
or damage caused by or that results from such water that enters through
foundations, walls, floors, paved surfaces, basements, doors, windows, and
other building openings is excluded.
(5) Waterborne
material. This section introduces
the term "waterborne material." Damage caused by this material carried
by waters described in (1), (3), and (4) above is excluded. Such material moved
or carried by mudslides or mudflow described in (2) above is excluded.
Example: In an updated version of the Wizard of Oz, a storm surge
(instead of a tornado) picks up Dorothy’s house and deposits it on top of the
Wicked Witch’s castle. The Wicked Witch’s policy does not cover the property
loss that Dorothy’s house causes because of this new exclusion.
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ISO adds a paragraph that explains when this entire exclusion applies.
It applies whether any of the events are caused by an act of nature or
otherwise. In order to clarify the term "otherwise," ISO provides an
example that uses the terms “dam,” “seawall," "levee,"
"boundary" or "containment system" and states that any of
them failing to contain the water is an "otherwise" type situation.
However, it is important to note that using this example format does not limit
the exclusion to failure of only those specific items. The goal is to define
the term "otherwise" as broadly as possible.
Much like other exclusions, if fire or explosion occurs because of
any action of water, coverage applies to the loss or damage the fire or
explosion causes. In addition, if a sprinkler leakage loss occurs due to these
actions of water, coverage applies to the loss or damage the sprinkler leakage
causes.
Note: Sprinkler
leakage coverage applies only if sprinkler leakage is a covered cause of loss
on the coverage form or policy.
h. Fungus, Wet Rot, Dry Rot, and Bacteria
Loss or damage caused by
or that results from the existence or any activity of fungus, mold, rot,
bacteria, and other similar growing organisms is excluded. However, if the
existence of one of them causes a specified cause of loss to occur, coverage
applies to the loss or damage the specified cause of loss causes.
This exclusion does not
apply if the fungus, mold, rot, bacteria, or similar organisms result from a
fire or lightning loss. It also does not apply to coverage that Additional
Coverage–Limited Coverage for Fungus, Wet Rot, Dry Rot, and Bacteria provides.
Examples:
- Scenario 1: Millicent has a fire
at her store. She notices an odor three weeks later and discovers that
mold behind ceiling tiles is destroying them. The tiles must be
destroyed and the area disinfected. Investigation reveals it was the
result of the fire-fighting actions three weeks earlier. This loss is
covered because the fire caused it.
- Scenario 2: Millicent purchases
a store but does not notice an unusual odor until about six months
later. She hires a contractor who discovers that mold behind ceiling
tiles is destroying them. The tiles must be destroyed and the area
disinfected. The claim is denied because the cause of the mold is
unknown.
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There is no coverage for
loss or damage caused by the following exclusions. Note that the lead-in
language is not as strong or inclusive for these exclusions as the language in
1. Broad Exclusions.
Editorial note: ISO does not give titles to these exclusions. To
assist in the analysis, we have included a title to help identify the main
intent of the exclusion.
a. Artificially Generated Energy
Coverage does not apply
if electrical, magnetic, or electromagnetic energy generated artificially
causes damage, interferes with, disturbs, or disrupts any of the following:
- Networks, devices, systems, wires, or appliances of
an electrical or electronic nature
- Cellular or satellite devices, appliances, systems,
or networks
Examples of
artificially generated energy include electrical current, charges a magnetic
field produces, electromagnetic, and microwaves, among others, but this listing
is not inclusive. However, coverage
applies to loss or damage caused by a fire that results
from them.
Note: Open-ended exclusions
like this have been largely ineffective when courts interpret them. The courts
maintain that it is the insurance company's responsibility to be precise in its
language since it authors the form.
b. Delay, Loss of Use,
or Loss of Market
Delay, loss of use, and loss of market are all consequential losses that
may occur following a direct damage loss. All are excluded.
c. Agricultural
Smudging and Industrial Operations
Agricultural smudging operations produce significant amounts of smoke in
order to protect crops from freezing. Loss or damage it causes is excluded.
Loss or damage from industrial produced smoke, vapor, or gas is also excluded.
Example: A freeze warning is in effect, so Lenny
sets out his smudge pots to protect his orange grove. A strong wind blows the
smoke into the restaurant Lenny operates for tourists. The damage the smoke
causes is excluded.
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d. Miscellaneous
Losses
This exclusion has seven
subparts. Most of the causes of loss listed should be viewed simply as costs
associated with doing business and not as losses.
(1) Wear and tear is simply loss caused
by aging and everyday use and is excluded.
Note: Wear and tear is damage, diminishment in value, or erosion due to long
or hard use or exposure. It includes breakdown over time and eventually
becoming unusable because of previous use. This also includes the tendency of
property to pull apart or break down into pieces because of forces applied to
it.
(2) There is no coverage for rust, fungus, and other hidden or latent
defects. This includes any feature of the property that causes it to destroy
itself.
(3) Damage caused by smog is excluded.
Note: Smog is fog that has become mixed with and polluted with smoke.
(4) All buildings (and some personal
property) may shrink, expand, crack, or settle. This is normal and should be
expected. Accommodations for them should be made in building construction and
design and with respect to storage of personal property. Losses from these
causes are excluded because these are costs of doing business.
(5) Insects, birds, rodents, and other
animals may cause considerable damage to buildings and the sudden damage they
cause is covered. However, their long-term presence, as evidenced by nesting,
infestation, and waste products or secretions, is a building maintenance issue
and is excluded.
Example: Perry notices an unusual shimmering substance on the
side of the church. He touches the amber liquid and realizes it is honey. He
notices the amount increases almost daily and notifies the trustees. They
bring in a contractor who investigates and finds a beehive in one of the
walls of the church. The contractor brings in a beekeeper to remove the bees.
The beekeeper removes part of the interior wall to remove the hive, repairs
the damaged wood, and seals the entry. None of this is a covered loss because
everything results from an insect infestation.
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(6) Machines regularly break down
because of use. This is an anticipated cost of doing business that should be
prevented with regular scheduled maintenance. As a result, mechanical breakdown
is excluded. Rupture and bursting caused by centrifugal force is considered
mechanical breakdown and is also excluded. The exception to this exclusion is
that coverage does apply to the damage caused if the mechanical breakdown
results in elevator collision. Elevator collision covers both the elevator and
damage to the shaft and other property the elevator damages.
Related
Article: ISO Equipment Breakdown Protection Coverage Form Overview
(7) Exclusions (1) through (6) above apply primarily to buildings.
This exclusion applies to Business Personal Property. Coverage does not apply
to loss or damage caused by or that results from
atmospheric dampness or dryness, temperature extremes, any changes in
temperature, or from scratching or marring. These causes of loss are excluded
because the insured should expect and anticipate these causes of property
damage.
If any
of the causes of loss in (1) through (7) above results in either a specified
cause of loss or breakage of building glass, coverage applies to the loss or
damage the specified cause of loss or glass breakage causes.
Example: Susie's Fancy Finery is a tenant on the first floor of a
three-story building. The upper floors are sealed off and are not used.
Unknown to the building’s owner or Susie, birds nest in the attic and also
find their way into the chimney. The chimney's opening at the top leads
directly into Susie's shop. One day nearly a dozen birds enter the shop,
panic, and careen into objects and windows in their attempt to escape. The
birds crack and break the windows before escaping. Coverage does not apply to
the damage the infestation causes but does apply to the broken glass.
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e. Explosion of Owned
or Operated Steam Boilers
This exclusion applies to
only explosions of steam boilers, pipes, engines, or turbines the named insured
owns, leases, or operates. This means that most building tenants are not
subject to this exclusion.
There are two exceptions:
- If the explosion causes a fire or combustion
explosion, the resulting damage is covered.
- If gases or fuel within the furnace, flues, or
combustible gas passage explode, the resulting damage is covered.
Related Article:
ISO Equipment Breakdown Protection Coverage Form Overview
f. Continuous Water Seepage
Loss or damage due to
water that leaks or seeps over a period of 14 days or
more, including any humidity, moisture, or vapor that is present is excluded.
This means that loss or damage due to water that leaks internally is covered
unless it is allowed to run unchecked and unnoticed for more than 14 days.
g. Freezing Liquids
There is no coverage for
loss or damage caused by or that results from water
that flows from plumbing, heating, or other equipment because of freezing. This
exclusion also applies if other liquids, powder, or molten material flow for
the same reason. However, this exclusion does not apply if any of the following
apply:
- The
other equipment is a fire protective system.
- The
named insured maintains heat in the building or structure.
- The
named insured drains the equipment and shuts off the source of supply when
heat is not maintained.
Note: This
exclusion requires that the insured address maintenance issues that are not the
responsibility of insurance. The insurance company has the right to expect the insured
to act responsibly towards its property even if insurance coverage does apply.
h.
Internal Dishonest Acts (10 12 changes)
Coverage does not apply
to dishonest or criminal acts by the named insured, partners, members of a
limited liability company (LLC), officers of a corporation, managers,
employees, or authorized representatives. This exclusion applies whether these
parties act alone, in collusion with each other, or in collusion with any other
party.
Whenever the term
employee is used in this exclusion it applies to permanent, leased, and temporary employees. The phrase “dishonest or criminal act”
includes theft.
There is also no coverage
for theft committed by anyone else entrusted with property. This exclusion
applies whether a person acting alone or if in collusion with others committed
the theft.
This exclusion applies
24-hours a day. This means that acts that occur during business hours are
excluded as well as acts committed after hours.
There is one exception.
There is coverage if employees or authorized
representatives destroy property. This destruction exception does not
extend to theft.
Example: Sheila and Fred are long time employees of Frankel Egg
Farm but decide they've had enough of the company. They steal the payroll,
burn down the plant to conceal their tracks, and are captured three days
later. The fire loss is covered but the theft of payroll is not.
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Note: The theft loss could be covered under employee dishonesty
coverage.
Related Article: ISO Commercial Crime Coverage Forms Overview
i.
Voluntary Parting
There is no coverage if
the insured or someone the insured entrusts property to is
tricked or deceived into giving property away.

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Example: Great Cameras, Inc. ordered a number of lenses from
Linda’s company. Linda was preparing to ship the product when Joe appeared.
He explained that Great Cameras needed the lenses immediately so he had
driven from company headquarters to personally pick them up. Five days later,
Great Cameras inquired about the lenses because they had never heard of Joe
and had not received their lenses. Linda mailed the requested lenses and
submitted a claim to her carrier for the lenses Joe had stolen. The claim was
denied because Linda had voluntarily given the lenses to Joe.
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j. Rain, Snow, Ice, or Sleet
Personal property in the
open is not covered for any loss or damage due to rain, snow, ice, or sleet.
Personal property in
the open is covered personal property but there is a significant coverage
limitation because it is in the open. There is no coverage for loss of damage
caused by rain, snow, ice, or sleet.
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k. Collapse
Collapse is initially
totally excluded but limited coverage is added back in Section D. as Additional
Coverage–Collapse.
Collapse is excluded.
This means the following property conditions are also excluded:
(1) Any
type of sudden caving in or falling down
(2) When
the structural integrity of the building is lost or compromised. The evidence
of this could be parts of the property that separate from the rest of the building
or the building appearing to be in danger of caving in or falling down.
(3)
Cracking, sagging, expanding, settling, shrinking, bulging, or bending, but
only as they relate to items (1) and (2) above
This exclusion has three
exceptions.
- Loss or damage caused by a covered cause of loss is
covered if that covered cause of loss results from a collapse that is
excluded.
- Loss or damage caused by coverage provided in Section
D., Additional Coverage–Collapse is covered.
- Collapse caused by specified causes of loss, building
glass breaking, weight of rain on a roof, or weight of people or personal
property is covered.
l. Pollutant Damage
Loss or damage due to any
defined pollutant is excluded unless a specified cause of loss causes its
release. In addition, if pollutant damage causes a specified cause of loss to
occur, coverage applies for the loss or damage the specified cause of loss
causes. However, coverage does not apply to pollutant damage leading up to a
specified cause of loss occurring. Loss or damage to glass caused by chemicals
applied to glass is an exception to this exclusion and is covered.
Example: A strong windstorm rips the doors and windows from an
outbuilding at Mayfield, Inc. It causes the adhesives and solvents to be
scattered around the building compound. The adhesives cling to the buildings
while the solvents caused indentations on the entire stucco exterior. Even
though this is a pollution loss, there is coverage because wind (a specified
peril) caused the damage to occur.
While waiting for the
outbuilding to be rebuilt, Mayfield receives a new shipment of adhesives. The
shipment is stored in the main building but is placed too close to a heat
source. The vapor from the adhesives ignites and causes a fire. Coverage
applies to this loss because the pollutant resulted in a covered cause of
loss.
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m. Neglect
There is no coverage if
an insured does not use all reasonable
means to save and preserve property from further damage during and after
the time of loss.
Example: The Mayfield family is exhausted after the two losses
described above and decides to just walk away and take a week’s vacation.
Thieves notice the unlocked doors and unattended supplies. Coverage does not
apply to the theft loss of the supplies because the Mayfields
failed to preserve property.
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The subparts of this exclusion are sometimes referred to as the
anti-concurrent causation exclusions. These exclusions are unique in that, if a
loss is covered as a covered cause of loss, with the exception of these
exclusions, it is still covered. On the other hand, if the loss would
have been excluded anyway, it is still excluded. The three subparts of this
exclusion are:
a. Weather Conditions
Loss or damage due to
weather conditions is excluded but only when the loss is caused by a weather
condition combined with a cause of loss excluded in exclusion 1.
Example: Heavy rains cause creeks to rise well above flood stage.
The subsequent flooding damages businesses. While the proximate cause of loss
is a weather condition, the weather exclusion applies and the flooding damage
is excluded because exclusion 1 excludes flood.
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b. Acts or Decisions
Governmental entities and
related groups make decisions and take actions that not only affect others but
may also cause loss or damage. Loss or damage that results from such acts or
decisions is excluded.
Example: The dams along the river are getting old but the U.S.
Army Corps of Engineers decides it is too expensive to replace them. Heavy
spring rain causes the dams to fail and many homes and businesses are
flooded. Melanie’s Hosiery submits a claim for the damage and is rejected
because of the flood exclusion. She then resubmits the claim on the basis
that the Corps made a faulty decision to not replace the dams. This claim is
also rejected.
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c. Design Flaws
Loss or damage due to
faulty, inadequate, or defective planning, design, materials, and maintenance
is excluded. An important provision is that it applies both on and away from the
designated premises.
Example: Mainline Construction Company prepares the land for an
industrial park. Severe drought, followed by drenching rains, causes the
newly constructed buildings to shift and slide down the slope. It is later
determined that the ground preparation was inappropriate for the slope
involved. This loss is not covered because landslide is not a covered cause
of loss, although it could be argued that the design flaw was the proximate
cause of loss.
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These three exclusions
apply only to Business Income, Leasehold Interest, and Legal Liability.
a. The following
additional exclusions apply to the Business Income (And Extra Expense) Coverage
Form, Business Income (Without Extra Expense) Coverage Form, and Extra Expense
Coverage Form:
(1) Loss due to damage to finished stock, or
the amount of time needed to replace finished stock, is excluded.
Note:
Since this incident is time-related, it does not apply to Extra Expense.
(2) There is no coverage for any loss that
results from physical loss or damage to radio or television antennas or satellite
dishes.
(3) Coverage does not apply to any increase of
loss due to:
·
Interference by strikers or others that delays
rebuilding (but only for such actions at the actual building site)
·
Suspension, lapse, or cancellation of a license,
lease, or contract. However, if the lapse or cancellation is a result of a loss,
coverage applies during the period of restoration.
Example: Rudy's Bar has a fire and is being rebuilt. During the
fire investigation, the police discover some irregularities that cast a
shadow on Rudy’s reputation. The liquor board suspends Rudy’s liquor license
until it completes its investigation and conducts a full hearing on the
matter. The fire repairs are complete but Rudy cannot reopen without the
liquor license. The period of restoration ends when the building is complete,
even though Rudy is still unable to re-open due to his suspended license.
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(4) Extra Expense coverage does not extend beyond
the period of restoration when a license, lease, or contract is suspended,
lapses, or is cancelled.
(5) Any consequential loss is excluded.
Note:
Since Business Income and Extra
Expense coverage are both consequential losses, it might be more appropriate to
say that all other consequential loss is excluded.
b. Leasehold Interest
Coverage Form
CP 10 30 changes in two ways when Leasehold
Interest Coverage is provided.
(1) The Ordinance or Law exclusion B. 1. a. does not apply.
(2) There is no coverage for loss that results if
the named insured cancels a lease, has a license suspended, lapsed, or
cancelled, or any consequential loss.
c. Legal Liability
Coverage Form
The Legal Liability coverage form is more of a liability coverage form
than a property coverage form. As a result, there are a number of changes to CP
10 30.
(1) Five exclusions are removed and do not apply.
They are exclusions 1.a. Ordinance or Law, 1.c. Governmental Action, 1.d.
Nuclear Hazard, 1.e. Utility Services, and 1.f. War and Military Action.
(2) Two liability-related exclusions are added:
· Contractual
Liability
There
is no coverage for liability the named insured assumes under a contract. The
only exception is a lease agreement where it assumes liability for building
damage due to attempted break-in. This agreement must be made prior to any
accident and the coverage form must insure the building in question.
· Nuclear
Hazard
There
is no coverage for suits brought due to any damages or expenses that relate to
nuclear reaction, radiation, or contamination.
5. Additional
Exclusion
A new exclusion applies to only merchandise, goods, or other products. It
is added to exclude loss or damage to such property because of an error or
omission in production.
Loss or Damage to
Products
There is no coverage for loss or damage to merchandise, goods, or other
products caused by any party's error or omission. These errors or omissions are
excluded beginning with planning or testing through repair and maintenance.
This exclusion also applies to errors or omission made at locations where work
is outsourced. It applies to any compromising of the product’s form, substance,
or quality.
The one exception is if such an error or omission results in a covered
cause of loss occurring. In that case, coverage applies to only the loss or
damage the covered cause of loss causes.
Example: Maybell designs jewelry and contracts with an
Asian manufacturer to produce jewelry based on its designs and manufacturing
specifications. The first shipment that arrives is tested and the results
indicate an unacceptable amount of lead. Maybell
cannot sell the product in the United States and the Asian manufacturer does
not return phone calls. Maybell presents a claim to
the insurance company because the items are useless to them. The company
denies this claim because of this exclusion (and others).
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This completes the
analysis of what is covered and what is excluded. Four coverage limitations
must now be reviewed. Each one has multiple subparts.
1. Broad Limitation
Loss or damage to any
property described and limited in this section is excluded. Losses that are a
consequence of loss to such property are also excluded.
a. Steam Boilers, Steam Pipes, Steam Engines, or Steam Turbines
There is no coverage if a
loss is caused by or results from a condition or an event that occurs inside
covered steam boilers, steam pipes, steam engines, or steam turbines. However,
coverage applies if gases or fuel inside the furnace or within a flue or other
passage explode and cause loss or damage.
b. Water Heating Devices
Loss or damage caused by
water-heating devices (including hot water boilers) caused by a condition or
event within them is excluded. However, coverage applies if an explosion causes
the loss.
c. Interior of Any Building and Personal Property
The interior of a
building and personal property inside it is not covered for damage that rain,
snow, sleet, ice, sand, or dust causes. However, there are two exceptions.
Coverage applies:
- If the roof or walls of the building are first
damaged by a covered cause of loss that allows the rain, snow, sleet, ice,
sand, or dust to enter
- If snow, sleet, or ice on the building thaws and then
causes the loss
Note: Leaving
doors and windows open limits a loss that may otherwise be covered.

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Example:
Scenario 1: Pamela awakens to drops of water on her nose. She
looks up and notices water dripping from her ceiling. She contacts the
apartment manager who discovers that ice under the snow on the roof has
thawed and is flowing through the roof into Pamela’s bedroom. The apartment's
policy covers the damage to the ceiling and floor coverings because of the
exception to this limitation.
Scenario 2: Pamela steps onto to her carpeting and notices that
her feet are very wet. She awakens quickly when she realizes that she left
her window slightly opened, that snow had entered through the window, and
that it melted on the windowsill and floor. There is no coverage for any
damage this situation caused.
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d. Building Materials Awaiting Installation in a Building
Theft of building
materials awaiting installation and not yet attached to the building is
excluded. This limitation does not apply if the building materials are being
held for sale, unless CP 00 20–Builders Risk Coverage Form insures the
materials. This means that this limitation applies without exception under CP
00 20. This limitation does not apply to the business income coverage forms or
the extra expense coverage form.
e. Inventory Shortage
Any missing property loss
that can be proven only because an inventory revealed a shortage is excluded.
This is because it really means there is no actual knowledge that something was
taken. The loss could be due to a mathematical or computation error, employee
theft, or a break-in. There is no coverage if there is nothing to physically
suggest what actually happened.
f. Unauthorized Instructions
Coverage does not apply
if a loss occurs because property was given to another person or sent to
another place based solely on unauthorized instructions.
g. Vegetated Roofs (10 12 addition)
Lawns, trees, shrubs, and plants that are part of vegetated roofs are
covered property because they are excepted from 2.
Property Not Covered in the coverage form. This limitation is needed because
they are alive and depend on certain conditions to thrive. They are also
outdoors and are not protected from the elements. There is no coverage if these
lawns, trees, shrubs, or plants are damaged due to:
- The atmosphere or the soil being too
damp or too dry
- The temperature changes too often or
is considered extreme
- Disease
- Hail, frost, rain, snow, ice, or sleet
2. Coverage Limited to Specified Causes of Loss
The insurance company
does not pay for loss or damage to any of the following property unless a
specified cause of loss or breakage of building glass causes the loss or damage:
a. Animals
This item has a
limitation within a limitation. In addition to being covered only if specified
perils or glass breakage causes the loss, coverage applies only if the animal
dies or must be destroyed. This means that coverage does not apply to veterinarian
bills or expenses incurred to save the animal.
b. This limitation applies to fragile
objects only if they are broken. Statuary, marbles, chinaware, and porcelains
are examples of such fragile items. Glass and items that contain property for
sale are not subject to this limitation.
c. Builders’
machinery, tools, and equipment that the named insured owns or has entrusted to
it that qualifies as covered property is subject to this limitation. However,
the same property located on or within 100 feet of the described premises is
covered without being subject to this limitation, unless CP 00 20–Builders Risk
Coverage Form covers the property. This means that this limitation applies without
exception under CP 00 20.
Note: This
limitation does not apply to the business income or extra expense coverage
forms.
3. Limited Theft Coverage for Specific Types of Property (10 12 change)
The following categories
have special limitations that apply to only theft losses. These are per
occurrence sub-limits that do not increase the limit of insurance available to
cover a loss. These sub-limits can be
increased:
- Furs, fur garments, and fur-trimmed garments are subject to a
$2,500 limit.
- Jewelry, watches, watch movements,
jewels, pearls, gold, and similar items are subject to a $2,500 limit.
This limitation does not apply to jewelry or watches that are valued at
less than $100 each.
- Patterns, dies, molds, and forms are subject to a
$2,500 limit.

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Printing Dies
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- Stamps, tickets, letters of credit, and lottery
tickets held for sale are subject to a $250 limit.
These limitations do not
apply to the business income or extra expense coverage forms.
Note: Coverage applies for all other causes of loss, subject to the
standard exclusions and the limit of insurance on the declarations.
Example: Pitta Pat clothing store has a $75,000 business personal
property limit. A break-in takes place and a number of items are stolen.
However, the thieves destroyed many others as they vandalized the store. The
loss was as follows:
- $50,000
clothing stolen or destroyed
- $25,000
fixtures destroyed
- $5,000
fine jewelry stolen
- $1,000
costume jewelry (under $100 per item) stolen
- $10,000
fur-trimmed garments stolen
Pitta Pat submits a
claim and requests $75,000 for the clothing and fixtures, $2,500 for the fine
jewelry, and $2,500 for the fur-trimmed garments that were stolen.
Her loss settlement is for
$75,000 because that is the policy's limit of insurance. The theft limitations
are only sub-limits within the policy limit.
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4. Defect in Systems or Appliances

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There is no coverage
for the cost to repair a defect in a system or appliance from which water,
other liquids, powder, or molten material escapes. However, fire-extinguishing
systems are covered if the damage results in a discharge from the automatic
protection system or if the damage is caused directly by freezing. This
limitation does not apply to the business income or extra expense coverage
forms.
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This additional coverage
is necessary because the coverage form specifically excludes collapse. Policies
and coverage forms once provided collapse coverage. However, broad legal
interpretations forced rewriting collapse coverage as a named cause of loss.
1. Collapse coverage applies to abrupt collapse. As used in this
coverage, abrupt collapse means that the building or part of the building first
abruptly falls down or caves in. As a result of such falling down or caving in,
the building or part of the building cannot be occupied for its intended
purpose.
2. Payment for such abrupt collapse as described in item 1. is for only direct physical damage to the collapsed building
or business personal property inside the building. However, payment is made
only if any of the following cause the collapse:
a.
Hidden decay. This is as long as the insured was not aware of the hidden decay
prior to the collapse.
b.
Hidden insect or vermin damage. This is only if the insured was not aware of
the hidden insect or vermin damage prior to the collapse.
c.
Defective construction material or construction methods. This is only if the
collapse occurs while a building is being built, remodeled, or renovated.
d.
Defective construction material or construction methods. This is only if the
collapse occurs after a building is being built, remodeled, or renovated,
provided that one of the following contributed to the collapse:
·
Items a. or b. of this paragraph
·
Specified cause of loss
·
Glass breakage
·
Weight of people or personal property
·
Weight of rain that collects on a roof
3. There is no coverage for any of the following:
- A building or any part of a building in danger of
falling down or caving in
- A part of a building that remains standing even if it
has separated from another part of the building
- A building or part of a building that is standing but
shows evidence that it may collapse due to bulging, sagging, cracking,
bending, leaning, settling, shrinking, or expanding
Example: The Good
Shepherd Church was built 90 years ago in a small rural area next to the main
road. It is now in the suburbs of a town along a major highway. The church
never moved but the town grew out to it. During choir practice one evening, a
few tiles in the sanctuary ceiling loosened and fell. The next day, a
building inspector called to evaluate the situation condemned the building.
Over the years, the building shifted on its foundation and is now in imminent
danger of collapse. Collapse coverage does not apply to this situation.
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Related Court Case: Policy Is Ambiguous About Collapse
4. The following property is covered only if it is considered
covered property, the loss or damage is due to collapse of a covered building, and items 2.a through 2d above cause the collapse:
- Outdoor radio or television antennas
- Awnings, gutters, and downspouts
- Yard fixtures
- Outdoor swimming pools
- Fences
- Pier, wharves, and docks
- Beach or diving platforms or appurtenances
- Retaining walls
- Roadways, walks, and paved surfaces
5. There is coverage if personal property abruptly falls down (but
the building it is situated in does not) if all of the following apply:
- The collapse was due to a cause of loss listed in 2.a
through 2.d above.
- The personal property that collapsed is in a
building.
- The personal property is not one of the types listed
in 4. above.
Coverage does not apply
if the only damage to the personal property is marring or scratching.
6. Any cracking, bulging, sagging, leaning, settling, expanding, or
shrinking of personal property is not treated as collapse. Coverage applies
only if the personal property either abruptly fell down or caved in.
7. This additional coverage does not increase the coverage part
limit of insurance.
8. Whenever the term "covered cause of loss" is used
throughout this coverage form, this Additional Coverage–Collapse is included,
subject to the description and limitations this additional coverage provides.
Collapse was removed as a
covered cause of loss and then added back in as an additional coverage many
years ago. Similarly, and for the same reasons, fungus coverage was removed as
a covered cause of loss and is added back as a specified cause of loss
coverage. Although the method is similar, the coverage provided is very
different.
1. Coverage applies
only if the fungus, wet rot, dry rot, or bacteria result from a specified cause
of loss or flood, if flood coverage is provided. Because fire and lightning
losses are excepted from exclusion 1.h. Fungus, Wet Rot, Dry Rot, and Bacteria, this
Additional Coverage excludes losses that result from them.
This coverage also
applies only if the insured takes all reasonable steps to prevent further
damage to property during or following a loss.
Example: Smoke filled a small store and the employees took all of
the personal property outside to avoid smoke damage to it. The employees left
work at quitting time but did not put the personal property back in the
store. The next morning, they picked up the property and placed it back in
the store without inspecting it. Mold and mildew were found on most of the
items a week later because they were exposed to moisture during the night. A
claim was filed and subsequently denied because the employees did not take
reasonable care to protect the property from further damage, even though the
mold was the result of a smoke loss.
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Lawns, trees, shrubs, or plants that are part of a vegetated roof are
not eligible for this additional coverage. (10 12 addition)
2. Loss or damage includes more than the direct damage to the
property by the fungus, wet rot, dry rot, or bacteria. It also includes
removing them. The cost to tear out and replace walls and other parts of the
building in order to get to the problem is covered. Any necessary testing to
verify that the property is clean and the situation mitigated is also covered.
3. The limit of insurance for this coverage is not per occurrence.
It is $15,000 per policy year. This means that the limit for the policy year is
$15,000, regardless of the number of locations and occurrences. There is no
additional limit available once the limit is used up. If the condition
continues over multiple policy years, the limit available in the policy year
when the loss occurred that caused the fungus, wet rot, dry rot, or bacteria is
the only limit that applies.
Note: CP
04 31–Changes–Fungus, Wet Rot, Dry Rot, and Bacteria endorsement is available
to increase the limit and also provide coverage per location.
Example: Max’s Jewelers has 15 retail locations. A covered mold
loss occurs at store number five and the total claim paid amounts to $13,000.
A month later, a mildew loss occurs at store number ten. The total amount
claimed is $9,000 but only $2,000 is paid because that is the amount of the
aggregate amount for the policy period that remains.
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4. The $15,000 limit is a sub-limit. It does not increase the limit
of insurance.
Example: A
windstorm caused $100,000 in direct damage to George’s Card Shop. George
noticed mildew on some of his property a month after the loss and filed a
separate claim. There are no limits available to pay for the mildew loss
because paying the windstorm claim exhausted George’s $100,000 limit of
insurance.
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5. This Additional Coverage does not affect the coverage available
under Additional Coverage Extension–Water Damage, Other Liquids, Powder, or
Molten Material Damage or under Additional Coverage–Collapse.
6. If business income and/or extra expense coverage is provided,
this extension provides coverage in two different situations.
- Coverage applies for 30 days if the specified cause of loss direct damage loss does not result in a
business income or extra expense loss but the fungus, wet rot, dry rot,
and bacteria loss does.
- In addition, if the direct damage loss from the specified
cause of loss results in a business income or extra expense loss, this
extension provides 30 additional days of coverage for the delays or
extension of the down time due to the fungus, wet rot, dry rot, and
bacteria.
Example:
Scenario One: Felicia’s Beauty Salon was vandalized but
all parties believed they could keep working while repairs were being made.
One week after the loss, one of the hairdressers became very ill. Mold and
mildew had formed due to some of the water pipes that were opened during the
vandalism. This discovery, and the beautician’s illness, caused Felicia to
close the shop until the mold situation could be remedied. This business
income loss is covered for up to 30 days and is subject to the business
income limit.
Scenario Two: Same scenario but Felicia decides to close
following the vandalism. The mold is discovered while repairs are being made.
This discovery causes a delay because of the necessary remediation. Felicia’s
period of restoration is increased by not more than 30 days before the mold
loss.
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Three coverage extensions
broaden the coverage CP 10 30–Causes of Loss–Special Form provides.
1. Property in Transit
This extension applies to
only the named insured's covered personal property.
a. Covered personal
property in transit in or on a motor vehicle the named insured owns, leases, or
operates is covered. This extension applies only if the property is not in a
salesperson's care, custody, or control, and is more than 100 feet away from
the premises but still in the coverage territory.
b. The loss or damage must result from one of the following causes
of loss:
- Fire, lightning, explosion, windstorm, hail, riot,
civil commotion, or vandalism
- Upset, overturn, or collision of the transporting
vehicle with an object or another vehicle. A vehicle that strikes the
roadbed is not considered collision.
- Theft of an entire bale, case, or product. However,
visible signs or evidence of forced entry must be present and the
vehicle's body or compartment where the property was kept must have been
securely locked.
c. The additional limit of insurance under this Additional Coverage
Extension is $5,000. It is not subject to coinsurance.
Note: The causes of loss an
inland marine transportation coverage form provides are much broader. For
example, flood and earthquake are covered.
Related Articles:
AAIS Transportation Coverage Forms
ISO Annual Transit Coverage Form
ISO Motor Truck Cargo Owners Coverage Form
ISO Trip Transit Coverage Form
2. Water Damage, Other Liquids, Powder, or Molten Material Damage
This extension is unusual
because it pays to repair undamaged property that was damaged in order to stop
a cause of loss. If water, other liquids, powder, or molten material escapes
from its confines, this coverage pays the cost to tear out any part of the
building or structure when needed to reach the system or appliance that allowed
the escape. This coverage also pays to replace the part of the building or
structure torn out. It does not pay to repair the system or appliance because
that is the named insured's responsibility. It does not pay for the damage the
escape caused because the standard causes of loss form should cover it.
Note: This does
not increase the limit of insurance but is still important because coverage
does not usually apply to undamaged property.
Example: Cecil at Cecil's Farm Supply notices water damage to his
stock. He searches for the source of the leak and discovers a trickle of
water coming from the bottom of a wall. He calls a plumber to come out,
investigate the source of the leak, and repair it. The plumber finally finds
the leaky pipe after having to remove quite a bit of dry wall to do so but
successfully repairs the pipe. Cecil pays the cost of the plumber's services
but the insurance company pays the expense to replace the dry wall and also
the water damage to the stock.
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3. Glass
Coverage applies to the
cost to install temporary plates of glass or boards to cover window opening
following a covered glass loss. Coverage also applies to the expense to remove
obstructions to repair or replace damaged covered glass. This coverage
extension does not include the cost to remove or replace window displays.
Note: This is not
an additional limit of insurance.
1. Fungus
This is any form or type of fungus. It includes mold, mildew, mycotoxins, spores, scents, and by-products that fungus
produces.
2. Specified Causes of Loss (10 12 changes)
This means only the following causes of loss: Fire, lightning,
explosion, windstorm, hail, smoke, aircraft, vehicles, riot, civil commotion, vandalism, leakage from fire extinguishing equipment,
volcanic action, and weight of snow, ice, or sleet. The following are also
considered specified causes of loss:
a. Sinkhole collapse
is the sudden sinking or collapse of land into spaces created by water acting
on dolomite or limestone. The coverage provided does not include the cost to fill
sinkholes or any sinking or collapse into man-made underground spaces.
b. Damage caused by falling objects is covered. However,
coverage does not apply to loss or damage to personal property left in the
open. It also does not apply to loss or damage to the interior of a building or
to personal property inside the building unless the falling object first
damages the roof or an outer wall.
Example: The chandelier hanging in the dining room falls and
lands on top of the dining room table. There is no coverage for either the
chandelier or the dining room table.
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c. Water damage is
accidental discharge or leakage of either of the following:
Note: The prior definition was only the first
bullet in this definition. The second bullet and the examples are added with
the 10 12 definition.
- Water or steam but only when caused by
the cracking or breaking apart of the plumbing or HVAC system or
appliance on the described premises. The system must contain water or
steam. However, this coverage does not apply to sump systems.
- Water or waterborne material but only
when caused by cracking or breaking apart a water or sewer pipe located
off premises. The water or sewer pipe must be part of a municipal water
supply system or municipal sanitary sewer system. Wear and tear must cause
the pipe to crack or break.
This definition is limited by conditions in
the Water Exclusion. Any situation the Water Exclusion excludes is not
considered water damage. CP 10 30 then provides two examples of when situations
that may appear to be water damage are not water damage because they are not
covered under the Water Exclusion.
ISO Example 1: Weather induced flooding
causes a pipe to break apart, causing water damage. There is no coverage even
if wear and tear contributed to the pipe breaking because flooding caused the
pipe to break.
Example: The water on the White River crested at 10 feet above
flood stage. Paul’s Pastries’ basement is flooded. The impact of the flood
breaks 75 year old pipes and results in water damage to the upper areas that the
flood did not reach. There is no coverage because the flood caused the pipes
to break.
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ISO Example 2: A pipe breaks because of
wear and tear. Damage that occurs following that break because of
weather-induced flooding or that becomes worse because of it is excluded.
Example: The water on the White River crested at 10 feet above
flood stage. Maggie had noticed a leak in her bathroom earlier in the day and
had contacted a plumber. She had turned off water to the pipe in order to
prevent damage. The flood entered her basement and the impact of the water
sheared off the cut off valve. The water damage that occurred when the water
restarted in the bathroom is excluded because it the weather-induced flood
aggravated it.
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The main difference
between these forms is that CP 10 10–Causes of Loss–Basic Form covers losses
based on designated or named causes of loss instead of risks of direct physical
damage causes of loss that CP 10 30–Causes of Loss–Special Form provides. With
CP 10 10, the insured must find coverage in one of the listed causes of loss.
With CP 10 30, the insurance company must review the exclusions to determine
that a specific loss is excluded. While CP 10 30 has more exclusions in order
to explain what is excluded, the covered causes of loss sections of CP 10 10 is
longer.
CP 10 10–CAUSES OF LOSS–BASIC FORM
CP 10 10–Causes of
Loss–Basic Form covers 11 causes of loss. CP 10 30 also covers these causes of
loss but does not list them specifically.
A. COVERED CAUSES OF LOSS
1. Fire
2. Lightning
3. Explosion. Explosion does not include operation of a pressure
device or it rupturing or bursting. It also does not include a building or
structure rupturing or bursting because water caused contents inside it to
expand.
4. Windstorm or hail. There following are not considered windstorm
or hail:
- Frost or cold weather
- Ice that is not hail, snow, or sleet. These are not
wind even when wind accompanies them.
- Damage to the interior of a building (or to personal
property inside the building) caused by snow, rain, sand, or dust (unless
the roof or walls are first damaged by wind or hail that then allows the
snow, rain, sand, or dust to enter).
- Hail damage to
lawns, trees, shrubs, or plants that are part of a vegetated roof (10 12
addition)
5. Smoke damage that is both sudden and accidental is covered.
Smoke damage from agricultural smudging or industrial operations is
specifically excluded.
6. Damage by vehicles
or aircraft is covered only if the vehicle or aircraft actually physically
contacts the damaged property. There is also coverage for property damaged that
is inside a building when a vehicle or aircraft physically contacts the
building. This means that the aircraft or vehicle (or their parts) must
actually touch the property or the building where the property is located. As a
result, sonic boom damage (also known as shock wave) is excluded because there
is no physical damage.
There is no coverage for
vehicle damage that the named insured’s owned vehicle (or any vehicle it uses
in its operations) causes.
7. Riot or civil commotion. This cause of loss also includes acts
of striking employees when they occupy a premises and looting by rioters that
occurs at the same time as a civil commotion event.
8. Vandalism. Such damage must be willful and malicious. Loss that
results from theft is not considered vandalism. However, damage that burglars
cause while breaking into and exiting from a building is covered.
9. Sprinkler leakage damage. Sprinkler leakage occurs when any
substance leaks or discharges from an automatic sprinkler system. This includes
complete collapse of the system's tank. There is no requirement that the event
be accidental. If the covered property is building, repairing or replacing
damaged parts of the systems is covered when the damage causes leakage or is
caused by freezing. The cost to tear out and repair parts of the building in
order to access and repair a leaking sprinkler system is also covered.
Note: CP 10 10 defines what is considered an
automatic sprinkler system. CP 10 30 does not define it.
10. Sinkhole collapse. This coverage does not apply to or include
the costs to fill sinkholes. Coverage also does not apply to land that sinks or
collapses into man-made mines and underground spaces.
11. Volcanic Action is covered similarly and as CP 10 30 defines it
under the Earth Movement Exclusion.
B. EXCLUSIONS
This section in CP 10 10
is considerably shorter than in CP 10 30 because the causes of loss are
defined. It has two exclusions compared to three exclusions in CP 10 30. CP 10
10 does not have the anti-concurrent causation exclusions that is in CP 10 30
because it specifically states the types of losses covered.
1. Broad Exclusions
These exclusions are
identical to those in CP 10 30. Both forms exclude Ordinance or Law, Earth
Movement, Governmental Action, Nuclear Hazard, Utility Services, War and
Military Action, Water, and Fungus, Wet Rot, Dry Rot, and Bacteria.
2. Limited Exclusions
This exclusions section
has only six subparts compared to 13 in CP 10 30. However, this does not mean
that CP 10 10 provides broader coverage. It simply means that fewer exclusions are needed because the coverage is much
narrower to begin with. The CP 10 10 exclusions are:
a. Artificially Generated Energy
This exclusion is
identical to exclusion 2. a. in CP 10 30.
b. Rupture or bursting of water
pipes
This does not apply to sprinkler systems unless caused by a
covered cause of loss
Note: It is always
to the insurance company’s advantage to have the sprinkler system operate
properly.
c. Water or Steam Leakage or Discharge
There is no coverage
unless a covered cause of loss damages the system or appliance. There is no
coverage if such seepage or leakage continues for more than 14 days. The first
part of this exclusion does not apply to automatic sprinkler systems. The
second part of this exclusion is identical to exclusion 2. f. in CP 10 30.
d. Explosion of Owned or
Operated Steam Boilers
This exclusion is identical to exclusion 2. e.
in CP 10 30. However, the exclusion in CP 10 10 does not have the coverage
exception for explosion of gases within the furnace.
e. Mechanical
Breakdown
This exclusion is identical to the exclusion 2. d. (6) in CP 10 30. However the exceptions are different.
The exceptions in CP 10 30 are for elevator collision, glass breakage, and
specified causes of loss. The exception in CP 10 10 is for mechanical breakdown
that results in a covered cause of loss.
f. Neglect
This exclusion is
identical to exclusion 2. m. in CP 10 30.
3. Special Exclusions
These exclusions are
identical in both forms.
C. ADDITIONAL COVERAGE
CP 10 10 has only one
Additional Coverage. Limited Coverage for Fungus, Wet Rot, Dry Rot, and
Bacteria is identical to CP 10 30.
Note: CP 10 10 does not cover collapse.
D. LIMITATION
CP 10 30 has a number of
limitations but CP 10 10 has only one. It states that the insurance company
pays for only loss of animals that are killed or must be destroyed. It does not
pay veterinarian bills.
Note: This
limitation is identical to the second part of limitation 2. a.
in CP 10 30. The first part in CP 10 30 limits coverage to
only specified cause of loss. This is not necessary in CP 10 10 because
it covers only the basic causes of loss.
E. DEFINITIONS
Fungus is the only term
defined and it is identical to the definition in CP 10 30.
The main difference
between these forms is that CP 10 20–Causes of Loss–Broad Form covers losses
based on a designated or named causes of loss instead of risks of direct
physical damage causes of loss that CP 10 30–Causes of Loss–Special Form
provides. With CP 10 20, the insured must find coverage in one of the listed
causes of loss. With CP 10 30, the insurance company must review the exclusions
to determine that a specific loss is excluded. While CP 10 30 has more
exclusions in order to explain what is not covered, the covered causes of loss
sections of CP 10 20 is longer.
CP 10 20–CAUSES OF LOSS–BROAD FORM
CP 10 20–Causes of
Loss–Broad Form covers 14 causes of loss. CP 10 30 also covers these causes of
loss but does not list them specifically.
A. COVERED CAUSES OF LOSS
CP 10 20 provides broader
coverage than CP 10 10 but not as broad as CP 10 30 because it also lists only
the covered causes of loss. It includes 14 covered causes of loss compared to
11 in CP 10 10. The first 11 in CP 10 20 are identical to the first 11 in CP 10
10. The three additional covered causes of loss are:
12. Falling Objects
Coverage on personal property applies only to property in the
building. It does not apply to property in the open. However, coverage does not
apply until and unless the falling object first damages an outside wall of the
building or its roof. This is identical to falling objects as described in the
definition of specified causes of loss in CP 10 30.
Example: A falling object strikes a covered warehouse and the
impact causes a lamp to fall off a table. The insured files a claim for the
loss. The adjuster denies the loss after noticing that the object (an old
tree limb) did not first cause any damage to the warehouse.
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13. Weight of Snow, Ice, or Sleet
Any of these that causes damage is
covered unless the personal property damaged is outside a covered building. There is also no coverage for such damage
to lawns, trees, shrubs, or plants that are part of a vegetative roof. (10 12
change)
Note: Previous
editions also excluded damage to gutters or downspouts.
14. Water Damage
This is accidental
discharge of water or steam due to a plumbing, air conditioning, heating, or
other systems or appliances cracking or breaking apart. The limitations on
coverage are similar to those in CP 10 30 but all are brought together in CP 10
20.
B. EXCLUSIONS
This section in CP 10 20
is considerably shorter than in CP 10 30 because the causes of loss are
defined. It has two exclusions compared to three exclusions in CP 10 30. CP 10
20 does not have the anti-concurrent causation exclusions that are in CP 10 30
because these causes of action could not be advanced due to only the named
causes of loss that are covered.
1. Broad Exclusions
These exclusions are
identical to those in CP 10 30. Both forms exclude Ordinance or Law, Earth
Movement, Governmental Action, Nuclear Hazard, Utility Services, War and
Military Action, Water, and Fungus, Wet Rot, Dry Rot, and Bacteria.
2. Limited Exclusions
This exclusions section
has only four subparts compared to 13 in CP 10 30 but this does not mean that
CP 10 20 provides broader coverage. It simply means that fewer
exclusions are needed because the coverage is much narrower to begin
with. The CP 10 20 exclusions are:
a. Artificially Generated Energy (06 07 change)
This exclusion is
identical to exclusion 2. a. in CP 10 30.
b. Explosion of Owned or
Operated Steam Boilers
This exclusion is identical to exclusion 2. e.
in CP 10 30. However, the exclusion in CP 10 20 does not have the coverage
exception for explosion of gases inside furnaces.
c. Mechanical
Breakdown
This exclusion is identical to exclusion 2. d. (6) in CP 10 30. However the exceptions are different.
The exceptions in CP 10 30 are for elevator collision, glass breakage, and
specified causes of loss. The exception in CP 10 20 is for mechanical breakdown
that results in a covered cause of loss.
d. Neglect
This exclusion is identical to exclusion 2. m.
in CP 10 30.
C. ADDITIONAL COVERAGE–COLLAPSE
This coverage is similar
to the coverage CP 10 30 provides. The only difference is that CP 10 30 states
that specified causes of loss apply while CP 10 20 lists the covered causes of
loss that apply.
D. ADDITIONAL COVERAGE–LIMITED COVERAGE FOR FUNGUS, WET ROT, DRY ROT, AND
BACTERIA
This coverage is similar
to the coverage CP 10 30 provides. The only difference is that CP 10 20 lists
the causes of loss instead of referring to the specified causes of loss in CP
10 30.
E. LIMITATION
This section of CP 10 20
is identical to the same section in CP 10 10.
F. DEFINITIONS
Fungus is the only term
defined and it is identical to the definition in both CP 10 10 and CP 10 30.
CONCLUSION
CP 10 30 is the broadest
of the three causes of loss forms and should be viewed as the first choice for
most insureds. However, an alternative must be used
from time to time. A good understanding of each form allows the agent to
provide sound advice to the insured to enable it to make an informed selection.
Related Article:
Compare: ISO Commercial Property Causes of Loss Forms