Key Information on Causes of Loss
Insurance policies carefully define the perils (causes of loss) they cover. A covered peril must be the proximate cause of the loss, meaning the initial event that sets in motion a chain of events leading to the loss.
Two types of policies cover perils:
Difference-in-Conditions (D-I-C) Policy: Supplements a commercial property policy by covering perils not included, such as flood and earthquake. Often issued by excess and surplus lines insurers.
A hazard is a condition that increases the likelihood or severity of a loss. Insurers recognize three types of hazards:
Example: Insufficient lighting increases the chance of theft (physical hazard). A pile of oily rags increases the chance of fire (physical hazard).
A peril is a cause of loss. Common perils include:
Insurance policies provide financial protection against losses caused by specified (covered) perils.
The proximate cause is the initial event that sets in motion an unbroken chain of events leading to a loss. It may not be the immediate cause.
Example: An earthquake breaks a gas main, causing a fire that destroys a building. The proximate cause is the earthquake, not the fire. Coverage depends on whether earthquake is a covered peril.
A named perils policy lists specific perils covered. Policyholders must prove the loss was caused by a listed peril.
Common Named Perils (Basic Policy):
Broader Form Adds:
Crime Perils:
An open perils policy covers all perils except those explicitly excluded. The insurer must prove a loss was caused by an excluded peril to deny a claim.
Common Exclusions:
Concurrent Causation: If a loss involves multiple perils and at least one is covered, the loss may be covered, even if another cause is excluded.
Example: A court ruled that a flood caused by a negligently designed dam was covered under an open perils policy, as negligent design was not an excluded peril.
A D-I-C policy supplements commercial property policies to cover excluded perils like flood and earthquake. Often issued by excess and surplus lines insurers for flexibility.
Question: If an earthquake breaks a gas main, causing a fire that destroys a building, the proximate cause of the building’s loss is the fire.
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