Virginia Administrative Code
Title 14 - INSURANCE
Agency 5 - STATE CORPORATION COMMISSION, BUREAU OF INSURANCE
Chapter 341 - RULES GOVERNING STANDARDS FOR THE CONTENT OF DWELLING PROPERTY INSURANCE POLICIES
Section 14VAC5-341-70 - Permitted exclusions
Universal Citation: 4 VA Admin Code 5-341-70
Current through Register Vol. 41, No. 3, September 23, 2024
A. For all causes of loss, regardless of any other cause of loss or event contributing concurrently or in any sequence to the loss, insurers may exclude loss caused directly or indirectly by any of the following:
1. Water, as follows:
a. Flood, ground surface water, waves,
seiche, tidal water or tidal waves, overflow of a body of water, or spray from
any of these, whether natural or manmade;
b. Water that backs up through sewers or
drains;
c. Water that overflows or
is discharged from a sump pump or other type of system designed to remove
subsurface water that is drained from the foundation area;
d. Water below the surface of the ground
including water that exerts pressure on or flows, seeps, or leaks through (i)
sidewalks; (ii) driveways; (iii) foundations; (iv) swimming pools; (v) walls;
(vi) basements or floors; or (vii) doors, windows, or other openings;
or
e. Material carried or moved by
water referred to in subdivisions 1 a, 1 b, and 1 c of this subsection.
The exclusions for water loss in subdivisions 1 a through 1 e of this subsection do not apply to an ensuing loss caused by fire or explosion.
2.
Earth movement, natural or man-made, including earthquake, volcanic eruption,
landslide, mudflow, or other earth movement caused by sinking, rising,
shifting, or expansion. Insurers shall provide coverage for an ensuing loss
caused by fire, explosion, or breakage of glass that is a part of the dwelling
or other structure.
3. Enforcement
of ordinances or laws regulating the construction, repair, or demolition of
dwellings or other structures. Insurers shall provide coverage when an
ordinance or law requires the use of safety glass in replacement of damaged
glass that is a part of the dwelling or other structure.
4. Interruption of power or other utility
service furnished to the residence premises if the interruption takes place
away from the residence premises. Insurers shall provide coverage for the
ensuing loss if a covered cause of loss ensues on the residence premises
because of the power interruption.
5. Enemy attack by armed forces including
action taken by military, naval, or air forces in resisting an actual or
immediately impending enemy attack, including invasion, insurrection,
rebellion, revolution, civil war, usurped power, or action taken by
governmental authority in hindering, combating, or defending against the event;
order of civil authority except acts of destruction at the time of and for
preventing the spread of fire, provided that the fire did not originate from an
excluded cause of loss.
6. Nuclear
reaction, nuclear radiation, or radioactive contamination as set forth in
§ 38.2-2102 of the Code of Virginia.
7. Freezing, thawing, or by the pressure of
ice, snow, or water to fences, pavements, patios, swimming pools, foundations,
retaining walls, bulkheads, piers, wharves, or docks.
8. The exclusions in subdivisions 1 through 7
of this subsection apply even if one or more of the following concurrently
contribute to the loss:
a. Weather
conditions;
b. Acts or decisions
including the failure to act or decide of a person, group, organization, or
governmental body;
c. Faulty,
inadequate, or defective:
(1) Planning,
zoning, development, surveying, or siting;
(2) Design, specifications, workmanship,
repair, construction, renovation, remodeling, grading, or compaction;
(3) Materials used in repair, construction,
renovation, or remodeling; or
(4)
Maintenance.
B. Insurers may exclude direct loss caused by:
1. An intentional act by a person insured
under the policy that was directed or committed by that person, but only with
respect to that person.
2. Neglect
of the insured to use all reasonable means to protect the property during and
after a loss.
C. Insurers may exclude coverage for the following types of property:
1. Accounts, bills, currency including
virtual or digital, deeds, evidences of debt, money, scrip, stored value cards,
smart cards, securities, bullion, manuscripts, letters of credit, bank notes,
or notes other than bank notes;
2.
Aircraft and parts except insurers shall provide coverage for (i) drones
without cameras and drones that are not capable of carrying people or cargo; or
(ii) hobby aircraft or model aircraft that is not capable of carrying people or
cargo;
3. Animals, birds, or
fish;
4. Business property, except
household and personal property is not business property unless the property is
in that part of the residence premises rented and occupied for
home-sharing;
5. Electronic
equipment that is permanently installed in a motor vehicle;
6. Tapes, wires, records, discs, or other
media used with electronic equipment in a motor vehicle while the property is
in or on a motor vehicle;
7. Motor
vehicles, motorized bicycles, and hovercraft except (i) vehicles used to
service the residence premises, (ii) utility trailers that are not licensed for
road use, and (iii) electric mobility devices designed to assist an individual
that has a disability;
8. Property
of (i) tenants, (ii) roomers and boarders not related to the insured, and (iii)
home-share occupants during the period of their home-sharing rental;
9. Property rented to others, except as
provided in subsection B of 14VAC5-341-50;
10. Property that is unlawful to own or
possess under state or federal law; or
11. Property that is separately described and
specifically insured by this insurance or other insurance.
Statutory Authority: §§ 12.1-13, 38.2-223, and 38.2-2108 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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