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Posted 14 days ago

Named Perils Versus Open Perils, and Why It Decides Your Claim

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Almost every property insurance policy comes down to one of two sentence structures. It's a short sentence, it sits right at the top of the coverage section, and I'd bet almost nobody reading this has actually read it on their own policy.

Named perils reads something like this. We insure for direct physical loss to the property caused by any of the following perils. Then you get a numbered list.

Open perils reads like this instead. We insure against risk of direct physical loss to the property. Then you get a list of exclusions.

Those two sentences look like a minor formatting difference. They're actually the single most consequential difference in the entire contract.

The burden of proof flips depending on which one you have


Under a named perils form, you carry the burden. Filing a claim means you have to show that what happened matches something specific on that list. If the cause is unclear, unusual, or just doesn't fit cleanly into any listed peril, the claim fails. Not because your carrier is acting in bad faith. Just because the contract only ever promised those specific listed causes and nothing else.

Under an open perils form, the burden sits with the carrier instead. Your loss is presumed covered from the start. To deny it, the adjuster has to point to a specific exclusion and actually show that it applies to what happened.

Most claims never even test this difference. A house fire is fire. A tree through the roof is windstorm. Both forms pay out fine in those situations.

The difference shows up in the murky claims, and short term rentals generate a lot of murky claims, because you've got a constant stream of strangers moving through the property doing things nobody actually witnesses.

What this looks like with a real loss


A guest checks out. Your cleaner walks in and finds a hole punched through the drywall in the stairwell and a two foot gouge running across the hardwood in the hallway. The guest said nothing about it. The likely cause is a sectional sofa or a piece of luggage getting dragged down the stairs. The repair estimate comes back at $6,800.

On a named perils dwelling form, you go hunting for the applicable peril. Vandalism is the closest fit, and it doesn't actually apply. Vandalism requires willful damage, this looks accidental, and a lot of forms exclude vandalism caused by a tenant or occupant regardless of intent anyway. Nothing else on that list describes a guest dragging furniture down a staircase. The claim gets denied, and honestly, the denial is correct under the contract you actually bought.

On an open perils form, the whole analysis flips. The adjuster asks whether an exclusion applies instead. Wear and tear doesn't fit, because this happened suddenly. Marring and scratching might cover the floor gouge depending on the exact language and the adjuster handling it. The hole in the drywall is sudden accidental physical damage, and there's no exclusion pointed at it.

Same exact loss, same property, same $6,800 repair bill. One form pays it and one doesn't, and the difference has nothing to do with which carrier is better or worse.

Open perils does not mean all perils


This is where I see owners overcorrect constantly. Moving up to a special form is a genuinely real improvement. It is not a cure for everything. The exclusion list is where all the actual work happens, and it's a long list.

The standard exclusions cut deep no matter what. Earth movement. Water damage, which sweeps in flood, surface water, and sewer backup unless you specifically buy that coverage back separately. Ordinance or law. Power failure. Neglect. Intentional loss.

Then there's a second group almost nobody ever reads, and this is actually the group that matters most for rental property specifically. Wear and tear. Deterioration. Mechanical breakdown. Rust and corrosion. Mold. Settling and cracking of foundations, walls, and floors. Birds, vermin, rodents, and insects. Animals owned or kept by an insured. And constant or repeated seepage of water happening over weeks, months, or years.

That last one deserves your attention. A slow supply line leak behind a bathroom vanity that runs for four months and quietly rots out the subfloor is excluded on a special form and excluded on a broad form. Open perils doesn't help you here at all. The only thing that actually helps is catching it early through inspection, which makes this a maintenance problem dressed up as a coverage problem.

Squirrels getting into the attic get you the same answer. Excluded either way, no matter which form you're on.

Your contents are probably still on named perils


This is the part that catches even experienced owners off guard.

An HO-3 covers the dwelling on open perils and your personal property on named perils. A DP-3 does the exact same split. Moving up to a special form upgrades the building. It usually leaves your contents sitting exactly where they were before.

For a house you actually live in, that's a fairly minor issue. For a furnished rental sitting on $40,000 worth of beds, sofas, televisions, and kitchen equipment, that split covers the majority of what guests actually end up damaging. The building itself rarely gets hurt. The stuff inside it gets hurt constantly.

An HO-5 covers both the building and contents on open perils. Commercial policies and dedicated short term rental programs treat your furnishings as business personal property, and the same causes of loss form applies to the building and the contents together.

Honestly, the single most useful thing you can do here is find out which basis applies to your contents, completely separate from whatever basis applies to the building.

The commercial version of this same idea


Commercial property policies use three causes of loss forms, and the structure mirrors the dwelling family almost exactly. Basic form is a short named perils list. Broad form is a longer one. Special form is open perils.

The vocabulary changes a bit. The underlying logic doesn't. Special form still means the carrier has to prove the exclusion applies, not you.

How to actually check your own policy


Open the actual policy document, not the declarations page summary. Find the section where the property coverage section begins and read the very first sentence under something called Perils Insured Against or Covered Causes of Loss.

A numbered list of specific causes means you're on named perils. The phrase risk of direct physical loss followed by a list of exclusions means you're on open perils.

Do this check twice. Once for the dwelling itself, and once separately for your personal property or contents. They're frequently different from each other, and the contents answer is actually the one that matters most for a rental property.

What I'd actually ask my agent


Ask whether a special form is available on your dwelling and what it actually costs to upgrade. The number is usually a lot smaller than people expect relative to what it actually changes about your claims outcomes.

Ask whether your contents can be written on the same open perils basis as the building, or whether you'd need to move to a completely different policy structure to get that.

Ask which specific exclusions have already been bought back on your current policy. Water backup and sump overflow coverage is the most common one people are missing, and it's genuinely inexpensive to add. If nobody's added it to your policy yet, that's a five minute phone call away from being fixed.



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