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Virginia's HW-10 Home Protection Policy (Years 3-10)

HOW TO FILE A CLAIM

A Homeowner may file a claim under the coverage provisions of this agreement with HW10, 2117 Smith Avenue, Chesapeake, Virginia 23320. A telephonic or written request for the initiation of covered services may be made.

GENERAL PROVISIONS

  1. If a provision of this ten year home protection policy is deemed by a court of competent jurisdiction to be unenforceable, that decision will not in any way affect the enforceability of the remaining provisions.
  2. Use of the singular in this agreement shall include the plural and use of the plural shall include the singular. Additionally, use of one gender shall include all other genders.
  3. During the first two years of this policy, HW10 will meet its policy obligations subject to a one time $250.00 deductible. During years three through ten of this policy, HW10 will meet its policy obligations subject to a one time $250.00 deductible per claim. No deductible shall be charged for the reoccurrence of a previously corrected defect. An additional provision, relating to deductibles where a condominium is involved, is set forth below in the section setting forth the coverage for units in a condominium.
  4. If a claim is made against HW-10 by an insured for a loss that is covered by this policy for which the Homeowner has other insurance or warranty coverage, then HW-10 will pay only the amount of the covered claim that is in excess of such other coverage. In the event that HW-10 has paid a claim before or after such other coverage is made known to HW-10, then HW-10 shall have the right, in the insured's place, to seek reimbursement from such other coverage. If the recovery by HW-10 includes the amount of the deductible paid by the insured, that sum will be reimbursed to the insured.
  5. Wherever it is stated that HW10 will "correct or repair, replace or pay the reasonable cost to correct," the decision to repair, replace or pay shall be in the sole discretion of HW10.

See Exclusions pertaining to the HW10 Home Protection Policy.

 

 

SPECIAL PROVISIONS FOR CONDOMINIUMS

  1. INCEPTION AND TERMINATION OF COVERAGE RELATING TO COMMON ELEMENTS
    Coverage applicable to Major Structural Defects in Common Elements shall continue from the termination of the Second Year Coverage for an additional eight (8) years, and shall then terminate.

  2. CLAIMS ON COMMON ELEMENTS
    Where a Common Element defect affects more than one home in the condominium structure, any portion of a claim involving Common Elements may only be made by a representative designated by the condominium association to file such claims, except that prior to the Homeowners assuming control of the condominium association, such claims may be filed and pursued over the signature of a majority of the Homeowners. Where the effect of the Common Element defect is limited to a single Home, the Homeowner of the affected Home may file a Common Element claim unless such action by an individual Homeowner is prohibited in the condominium documents.

  3. LIMITS OF LIABILITY
    1. For claims involving Common Elements, HW10 shall only be liable for that amount which exceeds the lesser of (i) $250.00 times the number of homes affected by the Common Element defect, or (ii) $5,000.00. Such coverage is also subject to all of the terms, conditions and exclusions herein set forth. In particular, see exclusions.
    2. Home-is a single family structure or a single family living unit within a multi-unit residential structure in which individual units are sold. See General Provisions above.
    3. If HW10 chooses to pay the Homeowner or the Association instead of performing the repair or replacement work, then HW10 will pay the reasonable cost of repair or replacement above $250.00 if the defect affects an individual Home or above the sum determined in accordance with paragraph C.1., above, if the defect affects Common Elements.

  4. PRO RATA LIABILITY
    In any claim involving Common elements, HW10 shall not be liable in excess of the coverage (purchase price) applicable to the individual condominium unit, as that amount is stated, in policy, less all amounts previously paid pursuant to the terms of the policy. HW10 also shall not be liable for a greater proportion of any such loss than the amount of interest in such Common Elements held by the individual Homeowners covered by HW10 policies at the time of the loss bears to the total interest in Common Elements of all Condominium Unit Owners, whether or not all such Units are completed or sold at the time of loss.

  5. INDIVIDUAL UNITS
    Units in a condominium are covered in the same manner and to the same extent, and subject to all of the terms, conditions and exclusions of the policy and certificate of insurance, as other homes.

 

COVERAGE FOR YEARS THREE THROUGH TEN

During the years three through ten of the home protection policy, HW10 in its sole discretion, will repair, replace or pay the reasonable and actual-cost to correct any major structural defect. The claim resulting from the defect must be received by HW10 within ten (10) years of the commencement of first year coverage.

A major structural defect is actual physical damage to the load-bearing portions of the home, caused by failure of such load-bearing portions, which affects their load-bearing function to the extent that the home becomes unsafe, unsanitary or otherwise unlivable.

If a major structural defect should occur, HW10 is responsible to repair the load-bearing component of the home so that it can properly perform its intended function, and to repair whatever parts of the structure of the home that were damaged by the failure or excessive deflection of the load-bearing component, which render the home unsafe, unsanitary or otherwise unlivable. The term "unsafe, unsanitary or otherwise unlivable" as it applies to major structural defects is limited to the repair of oil, electric, gas, waste and plumbing lines; ductwork; heating systems, and other parts of the structure damaged by the major structural defect which affect the health and safety of its occupants.

"Load-bearing components" for the purpose of defining major structural defects are defined as follows: beams; columns; footing and foundation systems; floor systems; girders; lintels; roof framing systems; roof sheathing ; and load-bearing wall and partitions.

Damage to the following non load-bearing elements is not considered a major structural defect: non load-bearing partitions; wall tile or other wall coverings; drywall and plaster; sub flooring and flooring material; brick, stone or stucco veneer; exterior siding, roofing shingles, electrical, cooling, heating, ventilation, mechanical and plumbing systems; equipment, fixtures, appliances, doors paint, windows, trim, cabinets, hardware and insulation; and concrete floors in attached garages which are separate from foundation walls and other structural elements of the home.

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