The mandatory special provisions discussed herein apply to the 2011 forms, unless otherwise noted. The edition dates of the forms discussed in this article are correct as of this writing; please be aware, though, that legislative changes or new legal interpretations resulting in new edition dates can occur at any time.

 We will also include the endorsements required in the various states. Many of the states mandate the water exclusion endorsements HO 16 09 01 09 or HO 16 10 01 09. These endorsements contain the revised language of the water exclusion endorsement that is now contained in the 2011 homeowners forms. But if an insurer has not adopted the 2011 forms, the revised language of the endorsement will still apply. Essentially, the change includes within the description of water that is excluded tidal wave and tsunami and storm surge, as well as water overflowing from a dam, levee, seawall, or other boundary or containment system. The difference between the two is that HO 16 09 refers to ″Section I Exclusions 3.

Water,″ while HO 16 10 refers to Section I Exclusions A.3. Water.” The appropriate form selected is thus dependent upon the numbering system in the particular policy. Alaska, for example, mandates both, but it would appear that one or the other would apply.

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