MSO Homeowners MPL 01 01

Common Provisions Form

 Updated December 16, 2019

April 3, 2014

 Summary: The Mutual Service Office, Inc. (MSO), provides custom rate(s), statistical services, custom forms, and manuals for mutual insurers. The MPL01 form from MSO is the form that provides the common policy provisions for the homeowners program. This form must be combined with a coverage form and a declarations page in order to create a complete homeowners policy. The form provides basic coverage information, additional coverages, exclusions, conditions, liability coverages, and definitions. The separate coverage form provides covered causes of loss, special limits, and trigger endorsements. Trigger endorsements are preprinted in the main form or endorsement but are triggered only when listed on the declarations page.

Topics covered:

  Section IA Main Property Coverages

 COVERAGE A • YOUR DWELLING

We cover the following property on the residence premises:

A. Your dwelling and structures attached to it.

B. Building materials and supplies on or at the residence premises for use as part of the dwelling or other related structures covered by this policy.

A dwelling means the applicable dwelling structure described in Part A of the definition of insured premises, or other structure designated by us as a dwelling under this policy.

COVERAGE B • OTHER RELATED STRUCTURES

We cover the following property on the residence premises:

A. Private structures related to use of the covered dwelling but not attached to it. A connection only by means of a fence, lattice, utility line, or the like is not attachment.

B. Fences, patios, paved surfaces such as walks and driveways, and other related permanent construction.

 Analysis

 Definitions for those words or terms in italics are located in the glossary at the rear of the policy. For convenience's sake, however, we will define terms as necessary in the following discussion.

 The MSO form coverage A applies to the dwelling and structures attached to it. As in the ISO form building materials to be used as part of the dwelling or related structures are covered as well. The policy provides a definition of dwelling which most other policies do not. A dwelling is the dwelling structure described in part A of the definition of insured premises; the definition of insured premises includes one of four different structures as shown in the declarations. The four structures that qualify as a dwelling are a one to four family house or one half of a two family house owned by the insured and used exclusively by the insured's household; part of a row or townhouse owned by an insured and used exclusively by his household; a one or two family mobile home or one half of a two family mobile home owned by the insured and used exclusively by his household; or those parts of a building exclusively used by the insured's household when the insured lives in an apartment or similarly rented premises, condominium or cooperative unit, or a family unit in a multi-family unit owned by the insured and covered by an MHO 4. Related structures and grounds are included in the aforementioned premises.

 Of significance is that the premises must be used exclusively by the insured and his household; the use of the premises by others seems to preclude coverage under the policy. If the insured is out of town and lets a relative use the house for a week, the house is not being used exclusively by the household; a relative that does not normally live there is not part of the normal household. Therefore, coverage would be denied if a fire breaks out while the relative is there.

 Coverage B insures other structures that are not attached to the premises but are related to the use of the premises, such as a garage. Connections such as fences, utility lines, lattices are not considered to attach an other structure to the dwelling. So if there is a fence from the house to the garage, the garage is still considered to be an other structure.

 Fences, patios, paved surfaces including walkway and driveways are considered to be other structures, as is other permanent construction. This provides clarification in a sometimes gray area. When discussing other structures, many people assume that the structure must be a building. However that is not the case; Merriam Webster Online defines structure as ″something (as a building) that is constructed″; a building is defined as ″a usually roofed and walled structure built for permanent use, as a dwelling." A building may be a structure, but a structure does not have to be a building; a structure can be a gazebo, pool, or rock garden. Therefore those structures are covered under coverage B, other structures.

  COVERAGE C • PERSONAL PROPERTY

We cover the following property:

A.Tangible personal property owned or used by an insured, anywhere in the world. But, such property usually located at another residence is covered for no more than 10% of the general limit shown in the Declarations for Coverage C. If you move your household to a new home, this limit does not apply until 45 days after you first move any property there.

B.At your request, tangible personal property owned by others (that is, not insureds or other residents of the residence premises) while temporarily at the residence premises. This also applies to such property owned by your guests or residence employees temporarily at any other residence, while occupied by you. However, Item B applies only:

1.If the coverage beneficiary complies with the loss settlement conditions in this policy.

2.As excess insurance, if the loss is payable by others.

Certain items of personal property are subject to special limits. These limits are shown in the applicable coverage form. But, these limits do not increase the general limit for Coverage C.

 Analysis

 Coverage C is for the insured's personal property located anywhere in the world. However, if the property is normally kept at a different residence, only ten percent of the limit is available. Property is covered while the insured moves from one residence to a new residence for forty-five days from the start of the move.

 Property of others that is temporarily at the residence premises may be covered upon request by the insured. For example, if the insured temporarily has possession of a friend's sofa for an event the insured is having, coverage exists for the sofa. Likewise, if Aunt Gertrude is visiting for two weeks and while there the insured sustains a fire damaging some of Aunt Gertrude's belongings, coverage is available for Aunt Gertrude's belongings. However, if the insured is cohabitating with a significant other, the significant other's possessions are not covered since he is a resident of the premises. The property is not there temporarily but on a permanent basis. The significant other is also not an insured since he is not a resident relative. There is an endorsement for companion coverage MPL 140 06 05 that provides coverage for the person named in the endorsement.

 The coverage for property of others is excess insurance if there is other coverage. If Aunt Gertrude's homeowner's policy will provide coverage for her belongings, then the insured's coverage will not, or will provide coverage only if Aunt Gertrude's coverage is insufficient to cover all of her damaged goods. Likewise, Aunt Gertrude must comply with the loss settlement conditions of this policy. There are special limits for certain classes of property, and these special limits are enumerated on one of the following forms: MHO 02, MHO 03, MHO 04, MHO 05, and MHO 06.

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