Deductible Application for Multiple Locations Loss
If an insured has two separate locations insured on the same ISO homeowners policy, and each location is destroyed by the same tornado, should one deductible apply or two? Would the answer change if they were insured on separate policies? Would the answer change if these are dwelling fire forms?
Michigan Subscriber
The answer depends upon which edition of the homeowners policies is being used. The 1991 homeowners forms are silent as to application of the deductible, so the insured would probably get the benefit of the doubt. However, if a separate deductible was shown applying to each location, then an argument could be made that both should apply. Two policies, with two declarations, would appear to argue for two deductibles.
In the 2000 edition the deductible provision states that “subject to the policy limits that apply, we will pay only that part of all loss payable under Section I that exceeds the deductible amount shown in the Declarations.” Here, if both properties are insured on the same form, an argument can be made that one deductible applies to all Section I damage. But with two policies, it would appear that the deductible would apply separately. Obviously, then, it is to the insured's advantage to insure both properties on one policy.
If the properties are insured on one dwelling fire form, the 1989 edition does not address application of a deductible. If two forms were used, then, similarly to the homeowners, the presence of a deductible on each declarations page argues for two being applied. The 2002 form states that “Subject to the policy limits that apply, we will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations.” Here, it appears that even if two properties were insured on one form, presumably each would have a separate property limit of liability, so an argument could be made that two deductibles apply. On the other hand, the “total of all loss payable” could just as easily refer to both properties, and therefore one deductible would apply. The benefit of the doubt would go to the insured.
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