Insurance Perils - Part 1
If you ever had to look at your insurance policy for a home, seasonal home or
rental property, you probably ran head-first into the terms "hazard," "peril,"
or "cause of loss." In any instance, the reference is to any number of events
that could create damage that the policy covers. While some events are commonly
understood, others aren't. Further, the term that appears in an insurance policy
may not mean the same as it does in the dictionary.
This is part one of a two-part discussion on different causes of loss. After
reviewing the information below, please be sure to read
part two.
"Click" below for more information
Fire
Lightning
Explosion
Windstorm
Hail
Riot or Civil Commotion
Aircraft
Fire
Fire has been defined by the courts as "combustion sufficient enough to
produce a spark, flame or glow." By definition, a fire is not smoke. A fire is
not charring. A fire must produce a spark, flame or glow. And not all fires are
covered under the fire peril. Over the years, the courts have distinguished
between "friendly" and "hostile" fire. A friendly fire is one that burns where
it was intended to burn: a flame on a gas stove; a fire in a fireplace; fire in
an outdoor grill.
A hostile fire is one that burns where it was not intended to burn: the
kitchen drapes; the rug by the fireplace; a tree near the outdoor grill. Only
direct damage caused by hostile fire (including smoke from a hostile fire) is
covered by the fire peril.
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Lightning
Lightning is "naturally generated electricity from the atmosphere." Damage
covered by the lightning peril may be the result of lightning itself or the
result of a fire caused by the lightning.
With regard to lightning, there is rarely a coverage problem when there has
been a direct strike. The other common cause of lightning loss is the surge of
electricity, typically caused by lightning striking power company equipment.
Appliances in a house can be damaged by the electrical surge. The cause must be
established for coverage to apply. A surge from malfunction of power company
equipment, or a short circuit, would not qualify.
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Explosion
In basic or stripped-down policies, explosion refers to any explosion that
occurs within a structure that is covered by a given policy. However, several
types of explosive events are usually excluded such as:
- bursting of water pipes
- electrical arcing
- explosions of steam boilers or pipes owned, leased or operated by the
insured
- rupture or bursting of pressure relief devices
In more comprehensive polices, explosion also applies to events that
originate externally.
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Windstorm
The peril of windstorm involves damage caused by direct action of the wind,
including high winds, cyclones, tornadoes and hurricanes. Windstorm coverage
primarily covers wind damage to a building's exterior, but will also cover
interior damage if the wind breaches the exterior (causes a hole or opening in a
wall or roof).
Note that the wind must reach sufficient velocity to have caused direct
damage at more than one location to establish a "windstorm" loss. However,
leakage through an aging roof during heavy rain is not a basis for a windstorm
claim. The windstorm peril does not cover loss to the following property when
located outside of the insured building: awnings, signs, radio or television
antennas or aerials including wiring, masts or towers; canoes and rowboats;
lawns, plants, shrubs or trees.
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Hail
Hail damage is just that: damage caused by the direct action of hail to
insured property. As with windstorm, the hail or some other covered peril must
cause damage to the outside of the insured dwelling allowing hail to enter the
premises in order for interior hail damage to be covered. As a result, if a
window were left open, allowing hail to enter a building, that damage would not
be covered.
Similarly, the hail peril does not cover loss to awnings, signs, radio or
television antennas or aerials including wiring, masts or towers; canoes and
rowboats; lawns, plants, shrubs or trees when located outside of the insured
building.
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Riot or Civil
Commotion
Riot usually refers to a gathering of three or more people that results in
the use of force or violence against individuals or property. Damage caused to
the insured property due to riot is covered under this peril. Coverage includes
direct loss caused by striking employees whether a riot occurs or not. Civil
commotion can be defined as an uprising or disturbance by a large number of
people. As with riot, damage caused to the insured property due to such an
uprising would be covered under this peril.
Bouvier's Law Dictionary summarizes five necessary elements of a riot: At
least three persons must be involved; there must be a common purpose; there must
be actual inception or execution of that purpose; there must be an attempt to
help one another or to cooperate by force if necessary; there must be display of
force or violence in such manner as to alarm a person of reasonable courage.
There may be no valid distinction between riot and civil commotion. "Civil
commotion" has been described in courtrooms as "an uprising among a mass of
people which occasions a serious and prolonged disturbance and an infraction of
civil order, not attaining the status of war or armed insurrection. It requires
the wild or irregular action of many persons assembled together.
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Aircraft
The aircraft peril provides coverage from damage caused by aircraft,
including self-propelled missiles and spacecraft.
Webster's New World Dictionary of the American Language defines "aircraft" as
"any machine or machines for flying, whether heavier or lighter than air;
airplane, dirigible, balloon, helicopter, etc."
This peril would apply to damage caused by the falling of an aircraft or any
of its parts, on a covered dwelling and its contents.
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