This pertains to a California HO3 ISO HO 00 03 10 00 policy that also carriers the Executive Homeowners Coverage Form UN 09 56 04 09. The question involves the application of the Additional Coverage – Debris Removal.
The HO3 policy form reads:
- Additional Coverages
- Debris Removal
- We will pay your reasonable expense for the removal of:
(1) Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or
(2) Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building.
This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, an additional 5% of that limit is available for such expense.
This coverage is additional insurance.
We agree that if the cost to repair the damaged property, plus the cost for Debris Removal exceeds the Policy Limit as shown on the Policy Declaration, the policy provides additional coverage, equal to 5% of the Policy Limit, for the cost for Debris Removal.
The Executive Homeowners Coverage Form contains the following language:
SECTION I – CONDITIONS
1. Loss Settlement
2. Buildings
Specified Additional Amount Of Insurance For Coverage A – Dwelling
If the amount of damage to the dwelling on the “residence premises” exceeds the limit shown in the Declarations for Coverage A, and you have:
1. Allowed us to adjust the Coverage A limit of liability and the premium in accordance with:
a. The property evaluations we make; and
b. Any increases in inflation; and
2. Notified us, within 30 days of completion, of any improvements, alterations or additions to the dwelling which increase the replacement cost by more than 5% or $10,000, whichever is smaller;
We will provide as additional amount of insurance, up to 50% of the Coverage A limit or liability, provided you elect to repair or replace the damaged or destroyed dwelling building.
In this claim, the above conditions have been met. The question is does the Additional Coverage of 5% for Debris Removal, also apply to the additional 50% of the Coverage A limit.
Florida Subscriber
Chances are that your endorsement form also includes language similar to the following: All other provisions of this policy apply. Endorsements apply to specific coverages or parts of the policy; endorsements generally then state that all other policy provisions apply. In the HO 00 03 10 00 under debris removal it states that:
We agree that if the cost to repair the damaged property, plus the cost for Debris Removal exceeds the Policy Limit as shown on the Policy Declaration, the policy provides additional coverage, equal to 5% of the Policy Limit, for the cost for Debris Removal.
Emphasis is added, but the policy clearly states if the debris removal exceeds the limit on the dec, that an additional 5 % applies. It makes sense that with that policy language the 5% only applies to the amount on the dec, and not the amount of increase allowed by the endorsement.
If your endorsement does not have the language stating that all other policy conditions apply, then you may be able to apply the 5% to the additional amount added by the endorsement. You need to look at your endorsement; the statement is usually the last line.
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