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5.5 General Exclusions

The Dwelling policy forms exclude losses caused directly or indirectly by the following perils. These exclusions apply even when another cause or event contributes to the loss at the same time or in any sequence.

Ordinance or Law​

The insurer does not cover losses resulting from the enforcement of an ordinance or law that requires or regulates:

  • The construction, repair, remodeling, renovation, or demolition of property, including the removal of resulting debris
  • The testing, cleanup, removal, treatment, containment, or other response to pollutants

Pollutants include solid, liquid, gaseous, or thermal irritants and contaminants, such as smoke, vapor, soot, acids, chemicals, and waste.

This exclusion does not apply to the limited Ordinance or Law Additional Coverage included in the Broad Form (DP–2) and Special Form (DP–3).

Earth Movement​

The insurer does not cover losses caused by earth movement, including:

  • Earthquakes, as well as land shock waves or tremors occurring before, during, or after a volcanic eruption
  • Landslides, mudflows, and mudslides
  • Land subsidence and sinkholes
  • The sinking, rising, or shifting of the earth

If earth movement causes a fire, explosion, or the breakage of glass or safety-glazing material, the policy covers only the resulting damage caused by that subsequent event. Damage caused directly by the earth movement remains excluded.

Water​

The insurer does not cover losses caused by water, including:

  • Flooding, surface water, waves, tidal water, or the overflow of a body of water, including waterborne material carried by these sources, whether driven by wind, storm surge, or another cause
  • Water that backs up through sewers or drains or overflows from a sump pump
  • Water below the ground's surface that exerts pressure on, leaks through, or seeps into a building, sidewalk, driveway, patio, foundation, swimming pool, or other structure
  • Water or waterborne material that escapes or overflows from a dam, levee, or similar water-control system

The water exclusion applies even when the water damage results from a natural event. However, if the water causes a fire or explosion, the policy covers the resulting damage caused by that fire or explosion. The original water damage remains excluded.

Power Failure​

The insurer does not cover losses caused by a power outage or other utility-service failure when the failure originates away from the described premises. However, a utility failure that occurs on the described premises may be covered. In addition, if an off-premises utility failure causes a covered peril to occur at the described premises, the policy covers the resulting damage caused by that peril.

Neglect​

The insurer does not cover additional loss or damage resulting from the insured's failure to take all reasonable steps to protect and preserve the property at the time of a loss and afterward.

War​

The insurer does not cover losses caused by war or any resulting consequences. This exclusion includes:

  • Undeclared war, civil war, insurrection, rebellion, or revolution
  • Warlike actions carried out by a military force
  • The destruction, seizure, or use of property for a military purpose
  • The discharge of a nuclear weapon, whether intentional or accidental

Nuclear Hazard​

The insurer does not cover losses caused by nuclear reaction, nuclear radiation, or radioactive contamination, whether controlled or uncontrolled. However, if a nuclear hazard causes a fire, the policy covers the resulting fire damage.

Intentional Loss​

The insurer does not cover a loss intentionally caused by an insured or by another person acting at an insured's direction.

The insurer does not cover a loss intentionally caused by the named insured, an additional insured, or another person acting at the direction of either insured. When an intentional act causes a loss, coverage is excluded for every insured under the policy, including insureds who did not commit, participate in, or conspire to commit the act.

Governmental Action​

The insurer does not cover losses caused by governmental action, including the destruction, confiscation, or seizure of property insured under Coverage A, B, or C when ordered by a governmental or public authority. However, this exclusion does not apply when property is damaged or destroyed during a fire to prevent the fire from spreading.

Other Exclusions​

DP–1 Exclusions​

The Basic Form (DP–1) excludes coverage for damage to lawns, plants, shrubs, and trees located outside a building. In contrast, the Broad Form (DP–2) and Special Form (DP–3) provide limited protection for this property under the Trees, Shrubs, and Other Plants Additional Coverage.

DP–3 Exclusions​

The Special Form (DP–3) excludes losses caused by faulty, inadequate, or defective planning, zoning, development, surveying, design, repair, construction, or renovation. However, when the defective work results in a separate covered loss to the dwelling or another structure, the policy covers the resulting damage but not the cost of correcting the faulty work itself.