Ask Mike # ISO s Comment: Could be a broadening or reduction of coverage, depending on applicable deductibles.

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1 Ask Mike # Subject: ISO s New HO-2011 Program in Louisiana Q. We ve been hearing bits and pieces of news about ISO having a new Homeowners Program. Any ideas on the major changes, and do you know when it will be approved in Louisiana? A. A few days ago, the Louisiana Department of Insurance announced that they had approved ISO s New HO-2011 Program in Louisiana, effective April 1, This new program replaces the HO-2000 program. Between now and the 2012 effective date, IIABL will be offering additional information on the new Homeowners Program, including articles on important changes, as well as educational opportunities for staff training. In the interim, agencies should contact each of their homeowners markets to determine when (of if) they will adopt the new program. Here is an overview of the 27 changes. The list of the changes below is exactly the sequence in which they appear in the ISO filing, and do not imply any degree of importance or priority. I will only provide a brief comment about each change now, with more detailed discussion and commentary soon. Change No. 1 Definition of Insured My Comment: Minor rewording of who is an insured regarding unrelated persons under 21 in the care of a resident relative (e.g., foster child). ISO s Comment: No change in coverage Change No. 2 Deductible Provision My Comment: Relocates Deductible provision to Section I Conditions section. Also revises language when two or more deductibles under same policy apply to same loss, so that higher deductible applies. ISO s Comment: Could be a broadening or reduction of coverage, depending on applicable deductibles. Change No. 3 Personal Property Located in Self-storage Facilities My Comment: Applies the 10% Coverage C limit for personal property which is usually located at an insured s residence, other than the residence premises to now apply to personal property in a self-storage facility such as a mini-warehouse. Up until now, 1

2 this has been frequently misinterpreted, in that the 10% Coverage C was mistakenly thought to apply to property stored in a mini-warehouse. This was not true in previous forms, since the 10% limit only applied to property usually located at an insured s residence, other than the residence premises. [Emphasis added.] In other words, the 10% limitation only applied to personal property usually kept at another residence of an insured (second home, camp, college dorm or apartment, etc.), and a mini-warehouse is obviously not a residence. Now, however, the new homeowners coverage form specifically applies the 10% limit to property stored in a mini-warehouse type facility. However, an endorsement is available for buy-back of coverage. The ISO filing cites increase in risks to property stored at such facilities. ISO s Comment: Reduction in coverage. Change No. 4 Electronic Equipment Limits My Comment: Revises several sublimits for certain categories of electronic equipment and accessories while in or upon a motor vehicle. Also introduces a new lower sublimit of $250 for items such as records, disks or other media while in or upon a motor vehicle. ISO s Comment: Some portions of coverage for electronic equipment in or upon a motor vehicle are a reduction in coverage, while other provisions are a broadening of coverage. Change No. 5 Collapse Coverage My Comment: Revises and clarifies the language related to the Additional Coverage Collapse, in response to recent case law. One key issue in the case was a building which was in risk of collapsing. ISO s Comment: No change in coverage. Change No. 6 Section I Perils Insured Against My Comment: Revises the introductory language for Coverages A and B in the HO and for Coverages A, B, and C in the HO coverage forms, to delete the phrase risk of. This excerpt from the 2011 edition illustrates the change: We insure against risk of direct physical loss... The primary reason for the change was case law related to the Additional Coverage Collapse discussed above. While ISO did not cite any cases involving the phrase risk of in other than Collapse cases, it was determined that it would be prudent to strike the phrase to preclude adverse case decisions in the future for all losses subject to loss under special form or open perils causes of loss. 2

3 ISO s Comment: No change in coverage. Change No. 7 Vermin Preclusion My Comment: Deletes the reference to damage for vermin under special form or open perils causes of loss (HO and HO 00 05), mostly because the term is too generic and open to interpretation. Here is the pertinent phrase which is changed: Birds, vermin, rodents, or insects. In addition, a new exclusion is added for Nesting or infestation, or discharge or release of waste products or secretions, by any animals. ISO s Comment: Deletion of vermin is a broadening of coverage. New exclusion is a reduction in coverage. Change No. 8 Theft Peril My Comment: Increases the number of days a student can be away from a residence occupied by the student for theft to be covered. Current HO-2000 limits theft coverage to 60 days beyond occupancy by the student, while the HO-2011 extends that to 90 days. Change No. 9 Earth Movement Exclusion My Comment: Revises the Earth Movement exclusion to clarify that the exclusion applies whether caused by an act of nature or is otherwise caused. ISO s filing noted that this clarification tracks in part changes made to the Water Damage exclusion, resulting from litigation after Hurricane Katrina. (See Change No.10 following.) Both now incorporate the phrase caused by an act of nature or is otherwise caused. ISO s Comment: No change in coverage. Change No. 10 Water Exclusion My Comment: Incorporates changes which were added by attachment of mandatory endorsement HO (HO-2,4,6,8) and HO (HO-3 and HO-5), based on post-katrina litigation. ISO s Comment: No change in coverage from that provided in mandatory endorsements referenced above. 3

4 Change No. 11 Motor Vehicle Exclusion My Comment: Revises the language in both Section I and Section II regarding service vehicles. Current HO-2000 provides coverage for certain motor vehicles used solely to service an insured s residence. The new language uses the phrase used solely to service a residence. Under HO-2000 wording, questions of coverage had arisen over situations where an insured used a riding mower to cut a neighbor s yard, and similar scenarios where the service vehicle (usually a riding mower) was not used solely at an insured s residence. Change No. 12 Toy Vehicles Provision My Comment: Amends the Section II motor vehicle exclusion to provide coverage for certain battery-operated vehicles driven by children, such as a Barbie Car. Change No. 13 Expected or Intended Injury Exclusion My Comment: Revises the intentional acts exclusion to provide coverage for property damage which results from use of reasonable force to protect persons or property. The broadened coverage is provided in the revised exception to the exclusion, as follows (new language is underlined): However, this Exclusion E.1. does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force by an "insured" to protect persons or property. Change No. 14 Controlled Substance Exclusion My Comment: Extends the exception to the exclusion to allow for use of prescription drugs prescribed by a licensed health care professional, and not just a licensed physician. The change reflects the laws in many states which permit health care professionals other that physicians to prescribe drugs, such as dentists, nurse practitioners, and others. 4

5 Change No. 15 Unit-owners Modified Other Insurance And Service Agreement Condition My Comment: Revises the Other Insurance provision of the HO Unit Owners Form to address situations where a loss is covered by both the unit owner s policy and the condo association s master policy (or an association service agreement, such as a warranty service plan, etc.). Provides conditions regarding primary/excess, as well as coordinating unit owner s insurance with association s deductible. Change No. 16 Transition Endorsements My Comment: In general, when a new program replaces an existing program, such as HO-2011 replacing HO-2000, ISO provides transition endorsements - which essentially retro-fit older forms to conform to the terms and conditions provided in the new forms. This allows insurers to use up their supply of older forms by simply attaching a transition endorsement to produce the equivalent coverage in the new forms. ISO s Comment: Coverages are broadened or reduced by the transition endorsements to correspond to the terms and conditions of the new forms. Change No. 17 Loss Assessment Coverage Endorsement [HO ] My Comment: Revises the HO Loss Assessment Coverage endorsement, which is used to increase the amount of loss assessment coverage above $1,000 and/or to add locations other than the residence premises, which are subject to loss assessments from a condo or similar association, such as a homeowners association. The new endorsement eliminates the $1,000 limitation for any increased amounts of loss assessment coverage purchased which would apply solely due to a high association deductible. Now, a higher limit of loss assessment coverage purchased under the endorsement can be applied to an assessment which arises from a high deductible under the association s policy. Change No. 18 Replacement Cost Loss Settlement For Certain Non-Building Structures On The Residence Premises Endorsement [HO ] My Comment: Amends the valuation basis for certain non-building structures covered by the endorsement from ACV to replacement costs. Replacement cost coverage now applies to swimming pools, therapeutic baths and hot tubs that are inground, or semi- 5

6 inground, with walls and floors made of reinforced masonry, cement, metal or fiberglass. Change No. 19 Limited Water Back-Up And Sump Discharge Or Overflow Endorsement [HO ] My Comment: Revises the endorsement to clarify one portion of coverage applies only for damage caused by water or waterborne material which originates from within the dwelling where you reside. Other coverage provisions remain unchanged. In addition, the $5,000 limitation wording is deleted, and a blank is provided in the endorsement for one of the several limits available under rating rules. ISO s Comment: The clarification wording is not intended to broaden or reduce coverage. The newly available higher limits, if selected, are a broadening of coverage. Change No. 20 Home Day Care Notice Endorsement Withdrawn [HO ] My Comment: This endorsement was introduced with the HO-84 program, and it and its successor endorsements essentially reiterate that home day care activities are excluded. In the HO-2011 program, the endorsement is withdrawn. ISO will instead introduce a new policywriting support form HO P 004. ISO s Comment: No change in coverage. Change No. 21 Trust Endorsement [HO ] My Comment: This endorsement is replaced with a revised version (HO ). One significant change is to allow the grantor to be the Named Insured in the homeowners policy. In the previous edition, based on ISO rules, only the trust could be the named insured. ISO studies found that in many cases, the owner of the home which is put into a trust is (homeowners becomes the grantor), will actually continue to reside in the home. Now, they can remain the Named Insured. The new endorsement also contains some additional changes regarding a home in a trust. ISO s Comment: ISO does not describe the new endorsement as either a broadening or reduction of coverage. Instead, the filing says the HO is being introduced to more specifically address the types of trusts that are typically covered under the Homeowners Program. 6

7 Change No. 22 Rating Information For Property Remediation For Escaped Liquid Fuel And Limited Lead And Escaped Liquid Fuel Liability Endorsement Withdrawn [HO ] My Comment: This endorsement does not provide any coverages, but is used only to list the risk classification numbers used for rating. ISO is withdrawing this endorsement, and will instead provide new policywriting support form HO P005. ISO s Comment: No change in coverage. Change No. 23 Limited Coverage For Theft Of Personal Property Located In A Dwelling Under Construction Endorsement [HO ] My Comment: New optional endorsement which provides theft coverage of personal property (Coverage C) in a dwelling under construction. Change No. 24 Incidental Low Power Recreational Motor Vehicle Liability Coverage Endorsement [HO ] My Comment: Adds one additional type of recreational vehicle which is not afforded coverage under the optional endorsement. Under the HO-2000 edition, coverage does not apply to a motorized bicycle, moped or motorized golf cart The HO 2011 edition adds motorized scooter to the excluded list. ISO s Comment: Reduction in coverage. Change No. 25 Canine Liability Exclusion Endorsement [HO ] My Comment: New optional endorsement which excludes from Section II coverages any bodily injury or property damage arising out of direct physical contact with any canine described in the Schedule that is owned by or in the care, custody or control of an insured. While many insurers have had proprietary versions of a canine exclusion for some time, this endorsement is new for ISO. One reason ISO gives for the new exclusion is that some insurers have strict underwriting guidelines for certain dogs, and an insured who owns one might be unable to procure a homeowners policy. This endorsement will mitigate that exposure for the insurer, much like a Named Driver Exclusion endorsement does for an Personal Auto Policy insurer. 7

8 ISO s Comment: Reduction of coverage. Change No. 26 Personal Injury Coverage [HO ] My Comment: Revision to HO to recognize the ubiquitous use of the Internet in communications today. Personal injury coverage now includes oral or written publication in any manner which slanders, libels, disparages, or violates a person s right of privacy. In addition, ISO introduced a new endorsement HO Personal Injury Aggregate Limit, which will allow insurers to provide coverage on an annual aggregate basis, versus the per offense limit in the HO ISO s Comment: The HO contains no change in coverage. However, the annual aggregate limit provided by the optional HO is a reduction in coverage compared to the per offense limit in the HO Change No. 27 Other Revisions My Comment: ISO has made several tweaks to various provisions in the Homeowners Program. All are described as for clarification only. ISO s Comment: No impact on coverage. Closing comment. The IIABA s Virtual University has an in-depth article on the changes in the HO-2011 program. Here is the link. Access to the Virtual University is free. Just remember to log in with your ID and password. 8

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