Question: I see that the HO-3 appears to cover volcanic eruption, but not land tremors or earthquakes associated with the eruption. Is the coverage limited to clean up of ash for both personal property and structure?
— Hawaii Subscriber
Answer: Yes, the exclusion for earthquake includes land shock waves before, during or after a volcanic eruption. However, direct loss by fire, explosion or theft that results from such earth movement is covered.
Now, for the ash clean up, that falls under debris removal. The cleanup of ash, dust or particles from a volcanic eruption is covered only if the ash, dust or particles have caused direct damage to the property or property contained in the building. Therefore, if enough ash and particles have fallen so that the roof collapses, or that there is other direct damage, the removal of that ash is covered. However if ash just has covered the windows, the removal of the ash is not covered unless it has damaged the windows. If the insured damages the windows when removing the ash, that is not covered. The damage in that case is caused by the insured's poor technique in removal of the ash, and not directly caused by the ash itself.
Related: Volcanoes, hot lava and insurance claims
|Lava flow and earthquake exclusion
Question: Under the HO-3 and DP-3, is lava flow excluded based on the landslide/earth movement exclusion?
Earth Movement means:
- Earthquake, including land shock waves or tremors before, during or after a volcanic eruption;
- Landslide, mudslide or mudflow;
- Subsidence or sinkhole; or
- Any other earth movement including earth sinking, rising or shifting; caused by or resulting from human or animal forces or any act of nature unless direct loss by fire or explosion ensues and then we will pay only for the ensuing loss. This Exclusion A.2. does not apply to loss by theft.
— Hawaii Subscriber
Answer: Merriam-Webster defines “earth” as “the fragmental material composing part of the surface of the globe; especially: cultivable Soil. soil is defined as firm land: earth; 2a: the upper layer of earth that may be dug or plowed and in which plants grow b: the superficial unconsolidated and usually weathered part of the mantle of a planet and especially of the earth; a medium in which something takes hold and develops.”
“Lava” is “molten rock that issues from a volcano or from a fissure in the surface of a planet (as earth) or moon; also: such rock that has cooled and hardened. Rock is a large mass of stone forming a cliff, promontory, or peak; 2: a concreted mass of stony material; also: broken pieces of such masses 3: consolidated or unconsolidated solid mineral matter; also: a particular mass of it.”
So it really depends on whether or not the lava was fresh, and had not weathered overtime and rolled down a hill like a regular rock. If it was fresh lava, the earthquake exclusion does not apply. However, if this is in Hawaii, please check the special provisions form, which may have made a provision that lava is included in that exclusion.
See also:
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