14VAC5-342-50. Causes of loss.
A. 1. Insurers shall provide open causes of loss for the dwelling and other structures.
2. Insurers shall provide coverage for direct loss to the dwelling and other structures on the residence premises subject to the exclusions and limitations permitted in this chapter.
B. 1. Insurers shall provide either open causes of loss or named causes of loss for household and personal property.
2. Insurers shall provide coverage for direct loss to household and personal property subject to the exclusions and limitations permitted in this chapter.
C. When named causes of loss for household and personal are provided, insurers shall provide coverage for direct loss caused by the following:
1. Fire or lightning.
2. Windstorm or hail.
a. Insurers may exclude loss to the interior of the dwelling or other structure or the household and personal property within caused by rain, snow, sand, or dust unless the rain, snow, sand, or dust enters through an opening caused by the force of wind or hail; and
b. Insurers may exclude loss to watercraft while not inside a fully enclosed building. This exclusion does not apply to rowboats or canoes.
3. Explosion.
4. Riot or civil commotion.
5. Aircraft.
6. Vehicles.
7. Sudden and accidental damage from soot or smoke, other than smoke from agricultural smudging or industrial operations.
8. Vandalism or malicious mischief.
9. Falling objects. Insurers may exclude loss to:
a. Property within a dwelling or other structure caused by a falling object unless the falling object first damages the exterior of the roof or walls of the dwelling or other structure; or
b. The falling object itself.
10. Weight of ice, snow, or sleet that damages household and personal property contained in a dwelling or other structure if the weight of ice, snow, or sleet first damages the dwelling or other structure.
11. Sudden and accidental tearing apart, cracking, burning, or bulging of a steam or hot water heating system, or of an appliance for heating water, but excluding loss caused by or resulting from freezing.
12. Freezing of plumbing, heating, or air conditioning systems, and domestic appliances.
13. Accidental discharge, leakage, or overflow of water or steam from within a plumbing, heating, or air conditioning system, or domestic appliance.
14. Sudden and accidental injury from electrical currents artificially generated to electrical appliances, devices, fixtures, and wiring.
15. Theft of household and personal property, except insurers may exclude coverage for loss by theft:
a. If committed by an insured;
b. In or to a dwelling or other structure under construction, or of materials and supplies for use in the construction, unless the dwelling is occupied;
c. If committed by (i) roomers, (ii) boarders, or (iii) tenants, employees of the tenants, or members of the tenants' household;
d. Of money, bullion, silver, gold, platinum, coin collections, medals, bank notes, letters of credit, notes other than bank notes, passports, tickets, stamp collections, jewelry, silverware, goldware, pewterware, silver-plated ware, gold-plated ware, or furs while the part of the residence premises customarily occupied exclusively by an insured is rented to others;
e. Of household and personal property in a location other than the residence premises that is owned, rented, or occupied by an insured, except (i) while an insured is temporarily residing at that location and (ii) property of a student who is an insured if the student has been at that location at any time during the 45 days immediately before a loss; or
f. From the unauthorized use of a credit card or debit card; or loss by forgery or alterations of a written promise, order, or direction to pay a sum certain in money.
16. Breakage of glass that is a part of the dwelling or other structure if it results in damage to household and personal property. Insurers may exclude this coverage if the dwelling was vacant.
Statutory Authority
§§ 12.1-13, 38.2-223, and 38.2-2108 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 38, Issue 11, eff. January 1, 2022.