19Prescribed events

#### 19 Prescribed events (1) The following, except in so far as they are excluded by subsection (2), are declared to be prescribed events in relation to a contract referred to in section 18: (a) the destruction of, or damage occurring to, the home building on the site, being destruction or damage that is caused by or results from: (i) fire or explosion; or (ii) lightning or thunderbolt; or (iii) earthquake; or (iv) theft, burglary or housebreaking or an attempt to commit theft, burglary or housebreaking; or (v) a deliberate or intentional act; or (vi) bursting, leaking, discharging or overflowing of fixed apparatus, fixed tanks or fixed pipes used to hold or carry liquid of any kind; or (vii) riot or civil commotion; or (viii) an action of a person acting maliciously; or (ix) impact by or arising out of the use of a vehicle (including an aircraft or a water‑borne craft); or (x) impact by space debris or debris from an aircraft, a rocket or a satellite; or (xi) impact by an animal (other than an animal kept on the site or a domestic animal); or (xii) impact by a falling tree or part of a tree; or (xiii) impact by a television or radio aerial that has broken or collapsed; or (xiv) storm, tempest, flood (within the meaning given by section 34), the action of the sea, high water, tsunami, erosion or land slide or subsidence; (b) accidental damage that is breakage of any fixed glass, fixed shower base, fixed basin, fixed sink, fixed bath, fixed lavatory pan or fixed cistern; (c) loss by theft, burglary or housebreaking; (d) the insured or a residing family member of the insured incurring a liability as owner or occupier of the home building to pay compensation or damages to some other person. (2) The following are excluded: (a) depreciation; (b) wear and tear, rust or corrosion; (c) the action of insects or vermin; (d) destruction or damage, or the incurring of a liability as mentioned in paragraph (1)(d), as a result of: (i) the expropriation of the home building; or (ii) war or warlike activities; or (iii) the use, existence or escape of nuclear weapons material, or ionising radiation from, or contamination by radioactivity from, any nuclear fuel or nuclear waste from the combustion of nuclear fuel; or (iv) the use of the home building for the purposes of a business, trade or profession; or (v) tree lopping or felling by the insured or a person acting with the express or implied consent of the insured; (e) destruction or damage intentionally caused, or a liability as mentioned in paragraph (1)(d) intentionally incurred, by: (i) the insured; or (ii) a residing family member of the insured; or (iii) a person acting with the express or implied consent of the insured or a residing family member of the insured; (f) if the home building is unoccupied and has been unoccupied for a continuous period of more than 60 days—destruction or damage occurring otherwise than as mentioned in subparagraph (1)(a)(ii) or (iii) or (vii) to (xiv), or the incurring of liability as mentioned in paragraph (1)(d); (g) destruction of, or damage occurring to: (i) a free‑standing or retaining wall (whether or not part of the home building), or to a gate or fence, as a result of a storm or tempest; or (ii) an electrical machine or apparatus as a result of the electric current in it; or (iii) any property as a result of it undergoing a process necessarily involving the application of heat; (h) theft by a person ordinarily residing with the insured at the time of the theft; (i) in the case of destruction or damage that is caused by or results from bursting, leaking, discharging or overflowing of fixed apparatus, fixed tanks or fixed pipes used to hold or carry liquid of any kind—damage to the apparatus, tanks or pipes; (j) in the case of destruction or damage that is caused by or results from impact by a television or radio aerial that has broken or collapsed—damage to the television or radio aerial; (k) the incurring of a liability as mentioned in paragraph (1)(d): (i) to the insured or a residing family member of the insured; or (ii) as a result of the use of a vehicle (including an aircraft or water‑borne craft) on the site by the insured, a residing family member of the insured or a person acting with the express or implied consent of the insured or a residing family member of the insured.