Current through Register Vol. 41, No. 3, September 23, 2024
A. Insurers shall provide coverage for the
dwelling on the residence premises including fixtures.
1. Insurers shall also provide coverage for
materials and supplies while located on the residence premises and intended for
use in construction, alteration, or repair of the dwelling or other
structures.
2. For a dwelling that
is a condominium unit, insurers shall provide a limit of liability of at least
$5,000 for the dwelling and fixtures that are the responsibility of the
condominium unit owner.
B. Insurers shall provide coverage for other
structures and the fixtures of other structures on the residence premises.
1. Insurers shall provide a limit of
liability of at least 10% of the dwelling limit of liability.
2. Insurers may exclude coverage for other
structures that are used for business or rented or held for rental unless the
structure is (i) rented to roomers, boarders, or tenants of the dwelling or
(ii) rented for use solely as a private garage.
3. For condominium units, insurers shall
provide coverage for other structures and fixtures of other structures that are
the responsibility of the condominium unit owner.
C. Insurers shall provide coverage for (i)
breakage of glass or safety glazing material that is part of a dwelling or
other structure and (ii) damage to covered property by glass that is part of a
dwelling or other structure. This coverage does not increase the limit of
liability that applies to the damaged covered property. Insurers may exclude
loss if the dwelling was vacant.
D.
Insurers shall provide coverage for the expenses incurred for the removal of
debris of covered property damaged by a covered cause of loss and the expense
for the removal of fallen trees that damage covered property. Expenses for
debris removal are included within the limit of liability applicable to the
damaged property.
E. Insurers shall
provide coverage for contractual fire department service charges and volunteer
fire department service charges as follows:
1.
Contractual fire department service charges where the fire department is called
to save or protect insured property from a covered cause of loss. Insurers may
limit this coverage to a residence premises not located within the limits of a
city, municipality, or fire protection district furnishing fire department
services.
2. Fire department
service charges made by volunteer fire departments pursuant to § 38.2-2130
of the Code of Virginia.
3.
Insurers shall provide at least $250 of coverage for each type of fire
department service charges.
4.
Insurers may not apply a deductible to the coverages in subdivisions 1 and 2 of
this subsection.
F.
Insurers shall offer ordinance or law coverage, subject to the exclusions or
limitations within this chapter, pursuant to § 38.2-2124 of the Code of
Virginia at the dwelling limit of liability within the policy or as an
endorsement. This limit of liability is in addition to the limit of liability
applicable to the dwelling. Insurers may make other limits of liability
available for insureds to purchase. When ordinance or law coverage is provided
within the policy or as an endorsement, subdivision A 3 of 14VAC5-341-70 does
not apply.
G. Insurers shall
provide coverage of at least 10% of the dwelling limit of liability for the
increase in necessary living expenses when the dwelling is uninhabitable due to
a covered cause of loss. Insurers shall provide coverage of at least 20% of the
household and personal property limit of liability for condominium units.
1. Insurers shall provide this coverage for
the time reasonably required to return the dwelling to a habitable condition or
for the insured's household to become settled in any permanent
quarters.
2. Insurers shall provide
additional living expense coverage for at least two weeks while a civil
authority limits access to the residence premises as a result of damage to
neighboring premises by a covered cause of loss.
3. Insurers may exclude living expenses that
do not continue.
4. This coverage
is not limited by the expiration date of the policy.
5. Insurers may not apply a deductible to
this coverage.
H.
Insurers shall provide coverage of at least 10% of the dwelling limit of
liability for the fair rental value of any part of the dwelling or other
structure. Insurers shall provide coverage of at least 20% of the household and
personal property limit of liability for condominium units.
1. Insurers shall provide this coverage for
the time reasonably required to restore the dwelling or other structures to a
tenantable condition following damage caused by a covered cause of
loss.
2. Insurers shall provide
fair rental value coverage for at least two weeks while a civil authority
limits access to the residence premises as a result of damage to neighboring
premises by a covered cause of loss.
3. Insurers may exclude expenses that do not
continue.
4. Insurers may exclude
coverage for loss or expense due to cancellation of a lease or
agreement.
5. This coverage is not
limited by the expiration date of the policy.
6. Insurers may not apply a deductible to
this coverage.
I.
Insurers shall provide coverage for damage to trees, shrubs, plants, or lawns
caused by fire, lightning, explosion, riot, civil commotion, aircraft, or
vehicles not owned or operated by a resident of the residence premises. When
expanded or open causes of loss are provided by the policy, insurers shall also
include coverage for damage to trees, shrubs, plants, or lawns caused by
vandalism and malicious mischief, and actual or attempted burglary.
1. Insurers shall provide a limit of
liability for this coverage of at least 5.0% of the dwelling limit of
liability.
2. Insurers may limit
the amount of coverage to no more than $250 for each tree, shrub, or plant on
the residence premises. The limit of coverage includes debris removal coverage
when the tree, plant, or shrub does not cause damage to covered
property.
J. Insurers
shall provide coverage for loss or damage to property while removed or being
removed from the residence premises because the property is endangered by a
covered cause of loss.
1. Coverage is provided
for damage from any cause subject to the exclusions and limitations permitted
in this chapter.
2. Insurers shall
provide this coverage for at least 30 days for each removal.
3. This coverage is not limited by the
expiration date of the policy.
4.
This coverage does not increase the limit of liability that applies to the
damaged covered property.
K. Insurers shall provide coverage for the
cost of making reasonable repairs to protect covered property from further
damage when the repairs are directly attributable to damage caused by a covered
cause of loss. The repairs are included as part of the amount of the
loss.
L. If expanded or open causes
of loss are provided by the policy, insurers shall pay the cost incurred to
tear out and replace the part of the dwelling or other structure necessary to
gain access to the system or appliance from which the water or steam escaped if
a loss to the dwelling or other structures is caused by water or steam escaping
from a system or appliance. Insurers may exclude loss to the system or
appliance from which the water or steam escapes.
M. Insurers shall provide coverage for direct
physical loss to the dwelling, other structures, and household and personal
property involving collapse of a dwelling or other structure or any part of a
dwelling or other structure:
1. Caused by one
or more of the following:
a. The causes of
loss in subsection C of 14VAC5-341-60;
b. Hidden decay;
c. Hidden insect or vermin damage;
d. Weight of contents, equipment, animals, or
people;
e. Weight of rain that
collects on a roof; or
f. Use of
defective materials or methods in construction, remodeling, or renovation if
the collapse occurs during the construction, remodeling, or
renovation.
2. Loss to an
awning, fence, patio, pavement, swimming pool, underground pipe, flue, drain,
cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf, or
dock is not included under subdivisions 1 b through 1 f of this subsection
unless the loss is a direct result of the collapse of a building.
3. Collapse does not include settling,
cracking, shrinking, bulging, or expansion. A building that is in danger of
falling down or caving in is not in a state of collapse.
4. This coverage does not increase the limit
of liability applicable to the damaged covered property.
5. Insurers may exclude collapse when
providing only basic causes of loss set forth in subsection B of
14VAC5-341-60.
Statutory Authority: §§ 12.1-13, 38.2-223, and
38.2-2108 of the Code of Virginia.
