Chapter recap
Insurance on Residential Properties
Homeowners: who is an insured
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"You" = named insured + resident spouse; registered domestic partner = spouse (§381.5).
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Relatives must live in the household to be insureds.
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Students away at school: under 24 and a relative, or under 21 and in an insured's care.
Residence premises, insured location and residence employee
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Residence premises: 1–4 family dwelling where the named insured lives.
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Insured location includes vacant land, but not farm land.
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Residence employee = household worker of an insured, not a temporary substitute.
Homeowners forms: HO-2, HO-3, HO-4, HO-5, HO-6, HO-8
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HO-3: open perils on the dwelling, named perils on contents.
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HO-5 = open perils on both; HO-2 = named perils on both.
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HO-4 renter, HO-6 condo owner, HO-8 older home (usually ACV).
Coverage A (Dwelling) and Coverage B (Other Structures)
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A = dwelling + attached structures + building materials on site.
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Land is never covered.
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B = structures set apart by clear space (a fence connection still counts).
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B excludes business structures and most structures rented to non-tenants.
Coverage C (Personal Property) and special limits
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C covers insured's property anywhere in the world; guest property at the named insured's request.
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Registered motor vehicles excluded; a mower that services the home is covered.
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Special limit = cap per category per loss; some caps are theft-only.
Homeowners loss settlement: replacement cost or actual cash value
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Buildings (A, B): replacement cost if insurance-to-value is met.
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Personal property, carpeting, awnings, appliances: ACV.
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California ACV = replacement cost − fair physical depreciation, not market value.
Coverage D (Loss of Use)
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ALE = only the increase in living costs.
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Fair rental value = lost rent − expenses that stop.
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State of emergency: ALE at least 24 months; 4-month advance on request for a total loss.
The insured's duties after a loss
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Prompt notice, police for theft, protect property, inventory, show the damage.
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Protective repairs: yes; permanent repairs before inspection: no.
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Proof of loss: 60 days normally; at least 100 days in a state of emergency.
Additional coverages: debris removal, property removed, ordinance or law
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Debris removal: inside the limit, plus an extra 5% when the limit is used up.
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Property removed: any cause of direct loss while moved away from danger.
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Ordinance or law pays increased cost to rebuild, not lost value.
Earth movement and flood exclusions, and the losses they give back
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Earth movement excluded, except ensuing fire, explosion, theft and glass breakage.
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Flood excluded, except ensuing fire, explosion or theft.
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Flood and earthquake coverage are bought separately.
Efficient proximate cause: wildfire, mudslide and others' negligence
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Efficient proximate cause = predominant cause, not last cause.
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Wildfire then mudslide: covered if the wildfire is the EPC (§530.5).
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Contractor's negligence as EPC: covered unless separately excluded; you can still sue the negligent party.
Section II: personal liability (E) and medical payments to others (F)
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E: legal liability for BI/PD from an occurrence, plus defense even for groundless suits.
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Damage to rented property: excluded, except fire, smoke or explosion.
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F: no fault needed; not for the named insured or regular residents (residence employees are covered).
Workers' compensation for residence employees
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California builds residence-employee WC into comprehensive personal liability policies (§11590).
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Covered: household workers such as a nanny (Lab. Code §3351(d)).
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Excluded: under 52 hours OR $100 or less in the 90 days before injury.
Endorsements that change limits: other structures, scheduled property, inflation guard
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Other structures increased limit applies only to the described structure.
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Scheduled property: open perils, amount shown, no Section I deductible.
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Inflation guard: annual % increase, prorated through the term.
Personal property replacement cost endorsement
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Endorsement moves Coverage C from ACV to replacement cost.
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Irreplaceable antiques, collectibles, worn-out and obsolete items stay at ACV.
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California: at least 12 months from the first ACV payment to replace.
Personal injury, additional rental residence and home business endorsements
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Personal injury = libel, slander, false arrest, wrongful eviction and similar offenses; knowing falsehoods excluded (§533).
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Additional rental residence: liability (E, F) only, no property coverage.
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HO 07 01 adds business property and liability; incidental occupancies covers on-premises use only.
Manufactured (mobile) homes
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Attached structures = Coverage A; detached structures = Coverage B.
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Coverage B = 10% of A, minimum $2,000.
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Removal to escape a covered peril: up to $500, no deductible; ordinary transit usually not covered.
Extended replacement cost and building code upgrade
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Extended RC = limit + stated % or amount; guaranteed RC has no preset cap.
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Rebuilding elsewhere keeps RC, capped at original-location cost; no land deduction.
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Code upgrade at least 10% of the dwelling limit; renters and ACV-only policies exempt.
Dwelling policy forms: DP-1, DP-2, DP-3
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DP-1: A, B, C, D; DP-2 and DP-3 add E (additional living expense).
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Other structures 10%: reduces A in DP-1, additional in DP-2 and DP-3.
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DP-1 basic named perils (+EC, +VMM); DP-2 broad named; DP-3 open on buildings.
Dwelling policy: who is insured, what property is covered and excluded
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"You" = named insured + resident spouse; registered domestic partner equal (§381.5).
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Coverage A: dwelling, attached structures, building materials; never land.
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Coverage C excludes money, most vehicles, and watercraft other than rowboats and canoes.
Dwelling policy loss settlement, fair rental value and additional living expense
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DP-1: all ACV. DP-2/DP-3: buildings at RC if insured to 80%.
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Under 80%: greater of ACV or limit ÷ (80% × RC) × repair cost.
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Fair rental value: repair time only, minus expenses that stop; no pay for lease cancellation.
Dwelling policy other coverages: debris removal, property removed, ordinance or law
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Debris removal: inside the limit, no extra 5%.
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Property removed: 5 days (DP-1), 30 days (DP-2/DP-3).
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Ordinance or law: 10% of A, additional (DP-2/DP-3); DP-1 excludes it.
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No code upgrade coverage: declarations must say so in 10-point type or larger.
CA
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