Causes Of Loss - Special Form CP 10 30 09 17 (ISO)
Published by Insurance Services Office, Inc. (form text); posted as a sample by the New York State Office of General Services. Jurisdiction US.
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CP 10 30 09 17 is the Causes Of Loss - Special Form, and it states that when Special is shown in the Declarations, Covered Causes of Loss means direct physical loss unless the loss is excluded or limited in the policy.
claim iso-cp-10-30-09-17#c1The form is organized into sections A through G: A. Covered Causes Of Loss; B. Exclusions; C. Limitations; D. Additional Coverage - Collapse; E. Additional Coverage - Limited Coverage For Fungus, Wet Rot, Dry Rot And Bacteria; F. Additional Coverage Extensions; and G. Definitions.
claim iso-cp-10-30-09-17#c2The section B.1 exclusions are lettered a. through h.: Ordinance Or Law; Earth Movement; Governmental Action; Nuclear Hazard; Utility Services; War And Military Action; Water; and Fungus, Wet Rot, Dry Rot And Bacteria.
claim iso-cp-10-30-09-17#c3The section B.1 exclusions are introduced by language stating that the insurer will not pay for loss or damage caused directly or indirectly by any of the listed causes, and that such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
claim iso-cp-10-30-09-17#c4Exclusion B.1.b Earth Movement lists earthquake including tremors and aftershocks and any related earth sinking, rising or shifting; landslide including any related earth sinking, rising or shifting; mine subsidence, meaning subsidence of a man-made mine; earth sinking other than sinkhole collapse, rising or shifting, including soil conditions that cause settling, cracking or other disarrangement of foundations or other parts of realty; and, separately at b.(5), volcanic eruption, explosion or effusion. The words other than sinkhole collapse are part of b.(4), and sinkhole collapse is one of the specified causes of loss defined at G.2 of this form.
claim iso-cp-10-30-09-17#c5The form states that if Earth Movement as described in b.(1) through (4) results in fire or explosion, the insurer will pay for the loss or damage caused by that fire or explosion.
claim iso-cp-10-30-09-17#c6The form separately states that if volcanic eruption, explosion or effusion results in fire, building glass breakage or Volcanic Action, the insurer will pay for the loss or damage caused by that fire, building glass breakage or Volcanic Action, and defines Volcanic Action as direct loss or damage resulting from the eruption of a volcano when caused by airborne volcanic blast or airborne shock waves, ash, dust or particulate matter, or lava flow, with all volcanic eruptions within any 168-hour period constituting a single occurrence, and states that Volcanic Action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss or damage to the described property.
claim iso-cp-10-30-09-17#c7Exclusion B.1.b closes with a statement that the exclusion applies regardless of whether any of the causes in Paragraphs (1) through (5) is caused by an act of nature or is otherwise caused.
claim iso-cp-10-30-09-17#c8Exclusion B.1.c Governmental Action excludes seizure or destruction of property by order of governmental authority, but states that the insurer will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under the Coverage Part.
claim iso-cp-10-30-09-17#c9Exclusion B.1.d Nuclear Hazard excludes nuclear reaction or radiation, or radioactive contamination, however caused, but states that if any of those results in fire, the insurer will pay for the loss or damage caused by that fire.
claim iso-cp-10-30-09-17#c10The form states that Exclusions B.1.a. through B.1.h. apply whether or not the loss event results in widespread damage or affects a substantial area.
claim iso-cp-10-30-09-17#c11Exclusion B.1.a Ordinance Or Law excludes the enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property, or requiring the tearing down of any property including the cost of removing its debris, and states that it applies whether the loss results from an ordinance enforced even if the property has not been damaged or from increased costs incurred to comply with an ordinance in the course of construction, repair, renovation, remodeling or demolition of property or removal of its debris following a physical loss.
claim iso-cp-10-30-09-17#c12Exclusion B.1.e Utility Services excludes the failure of power, communication, water or other utility service supplied to the described premises, however caused, where the failure originates away from the described premises or originates at the premises but involves equipment used to supply the utility service from a source away from the premises, and also excludes loss caused by a surge of power that would not have occurred but for an event causing a failure of power, with a stated exception where the failure or surge results in a Covered Cause of Loss. The form adds that failure of any utility service includes lack of sufficient capacity and reduction in supply, and that communication services include but are not limited to service relating to Internet access or access to any electronic, cellular or satellite network.
claim iso-cp-10-30-09-17#c13Of exclusions B.1.c through B.1.f, three carry a stated exception in the form text: Governmental Action at B.1.c, Nuclear Hazard at B.1.d and Utility Services at B.1.e. Exclusion B.1.f War And Military Action, which lists war including undeclared or civil war, warlike action by a military force, and insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these, carries no stated exception in this form.
claim iso-cp-10-30-09-17#c14Exclusion B.1.g Water excludes flood, surface water, waves including tidal wave and tsunami, tides, tidal water, overflow of any body of water, or spray from any of these, whether or not driven by wind including storm surge; mudslide or mudflow; water that backs up or overflows or is otherwise discharged from a sewer, drain, sump, sump pump or related equipment; water under the ground surface pressing on or flowing or seeping through foundations, walls, floors, paved surfaces, basements, doors, windows or other openings; and waterborne material carried or moved by that water or by mudslide or mudflow. The form states the exclusion applies regardless of whether any of Paragraphs (1) through (5) is caused by an act of nature or is otherwise caused, and gives the failure of a dam, levee, seawall or other boundary or containment system as an example. Its exception reads that if any of Paragraphs (1) through (5) results in fire, explosion or sprinkler leakage, the insurer will pay for the loss or damage caused by that fire, explosion or sprinkler leakage, followed by the parenthetical qualifier if sprinkler leakage is a Covered Cause of Loss.
claim iso-cp-10-30-09-17#c15Exclusion B.1.h excludes presence, growth, proliferation, spread or any activity of fungus, wet or dry rot or bacteria, states that if those result in a specified cause of loss the insurer will pay for the loss caused by that specified cause of loss, and states that the exclusion does not apply where the fungus, wet or dry rot or bacteria result from fire or lightning, or to the extent coverage is provided in the Additional Coverage at section E with respect to loss or damage by a cause of loss other than fire or lightning.
claim iso-cp-10-30-09-17#c16Exclusion B.2.d runs d.(1) through d.(7): (1) wear and tear; (2) rust or other corrosion, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) smog; (4) settling, cracking, shrinking or expansion; (5) nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals; (6) mechanical breakdown, including rupture or bursting caused by centrifugal force; and (7) dampness or dryness of atmosphere, changes in or extremes of temperature, and marring or scratching, each stated as causes of loss to personal property.
claim iso-cp-10-30-09-17#c17Exclusion B.2.d.(6) states that if mechanical breakdown results in elevator collision, the insurer will pay for the loss or damage caused by that elevator collision.
claim iso-cp-10-30-09-17#c18Paragraph B.2.d closes with a general exception: if an excluded cause of loss listed in 2.d.(1) through (7) results in a specified cause of loss or building glass breakage, the insurer will pay for the loss or damage caused by that specified cause of loss or building glass breakage.
claim iso-cp-10-30-09-17#c19Exclusion B.2.h excludes dishonest or criminal act, including theft, by the named insured, its partners, members, officers, managers, employees including temporary employees and leased workers, directors, trustees or authorized representatives, whether acting alone or in collusion with each other or with any other party, and separately excludes theft by any person to whom the insured entrusts the property for any purpose, whether acting alone or in collusion with any other party.
claim iso-cp-10-30-09-17#c20Exclusion B.2.h states that it applies whether or not an act occurs during the insured's normal hours of operation, and that it does not apply to acts of destruction by the insured's employees, including temporary employees and leased workers, or authorized representatives, but that theft by those same people is not covered.
claim iso-cp-10-30-09-17#c21Exclusion B.2.m excludes neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss.
claim iso-cp-10-30-09-17#c22Section B.3 excludes weather conditions where they contribute in any way with a cause or event excluded in Paragraph B.1 to produce the loss; acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body; and faulty, inadequate or defective planning, zoning, development, surveying, siting, design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction, materials used in repair, construction, renovation or remodeling, or maintenance. Section B.3 states that if an excluded cause of loss listed in 3.a. through 3.c. results in a Covered Cause of Loss, the insurer will pay for the loss or damage caused by that Covered Cause of Loss.
claim iso-cp-10-30-09-17#c23Section D Additional Coverage - Collapse states that the coverage applies only to an abrupt collapse as described and limited in D.1 through D.7, and that it will not increase the Limits of Insurance provided in the Coverage Part.
claim iso-cp-10-30-09-17#c24Section E Additional Coverage - Limited Coverage For Fungus, Wet Rot, Dry Rot And Bacteria applies only where the fungus, wet or dry rot or bacteria result from a specified cause of loss other than fire or lightning, or from flood if the Flood Coverage Endorsement applies to the affected premises, occurring during the policy period, and only if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence. The coverage described at E.2 is limited to $15,000 as the most the insurer will pay for the total of all such loss or damage taking place in a 12-month period, and the Limited Coverage does not increase the applicable Limit of Insurance on any Covered Property.
claim iso-cp-10-30-09-17#c25Section F Additional Coverage Extensions of this form are 1. Property In Transit, 2. Water Damage, Other Liquids, Powder Or Molten Material Damage, and 3. Glass.
claim iso-cp-10-30-09-17#c26Section G Definitions of this form contains exactly two defined terms: 1. Fungus and 2. Specified causes of loss. There is no defined term Water in this form, and water damage is defined only inside the Specified causes of loss definition at G.2.c. Volcanic Action is defined in the body of exclusion B.1.b rather than in Section G.
claim iso-cp-10-30-09-17#c27
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Published: 2017-09