Section 4.33 Section I—Exclusions

• Library: Insurance Practice 2015

Section I—Exclusions provides that losses resulting directly or indirectly from the following events are excluded from coverage:

Enforcement of an ordinance or law regulating the construction, repair, or demolition of a property or requiring the “insured” or others to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize pollutants

Earth movement, which is defined as earthquake, landslide, mudslide, subsidence or sinkhole, mudflow, or earth sinking, rising, or shifting

Water damage in certain specified instances (see §4.120 below for a discussion regarding the “water damage” exclusion)

Failure of power or other utility service if the interruption occurs away from the “residence premises”

Neglect of the insured to use all reasonable means to save the property at and after the time of a loss

War

Nuclear hazard

Damages arising from any acts an “insured” commits or conspires to commit with the intent to cause a loss

Governmental action

The exclusions to coverage listed under “Section I—Exclusions” of the policy are not limited to Coverage A—Dwelling and Coverage B—Other Structures; Section I—Exclusions also apply to Coverage C—Personal Property. Leachman v. N. Assurance Co. of Am., 728 S.W.2d 307, 312 (Mo. App. W.D. 1987).

Notably, the above exclusions are preceded by this language: “Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss.” Copyright, ISO Properties, Inc., 1999. As discussed in the paragraphs that follow, the purpose of this “anti-concurrent causation” language is to preclude coverage for losses that...