On Wednesday, January 6, a large group of Trump supporters attacked the Capitol, damaging the building, injuring many and causing the death of five. Dozens have been arrested and charged, and authorities are continuing to look for others. The attack has been called everything from a riot to an attempted coup on the government and participants have been called insurrectionists or domestic terrorists but many participants consider themselves peaceful protesters. But what is the difference, and does it make any difference in insurance coverage?

Well, it might. Some policy exclusions are identical or very similar across the board. In the ISO homeowners policy, the war exclusion reads as follows:

War includes the following and any consequence of any of the following:

  1. Undeclared war, civil war, insurrection, rebellion or revolution;
  2. Warlike act by a military force or military personnel; or
  3. Destruction, seizure or use for a military purpose.

The ISO commercial property causes of loss forms exclude war as follows:

  1. War, including undeclared or civil war;
  2. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
  3. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these.

There are no defined terms in these exclusions, so for definitions of terms like insurrection, rebellion or revolution, a common definition would be used. When terms are undefined, courts routinely turn to standard desk references as that is what is accessible to most insureds, and provides the common meaning of the terms understood by most people.

Merriam Webster online defines insurrection as an act or instance of revolting against civil authority or an established government.

Revolt is defined as a renouncing of allegiance (as to a government or party) especially: a determined armed uprising, or 2: a movement or expression of vigorous dissent. Likewise, revolution is defined as a fundamental change in political organization, especially: the overthrow or renunciation of one government or ruler and the substitution of another by the governed c: activity or movement designed to effect fundamental changes in the socioeconomic situation.

The people at the Capitol were there because they believed that President Trump did not lose the election. They were at the Capitol protesting the final certification of the election, which would certify that Joe Biden was elected president. Their actions could certainly be seen as an insurrection or revolt, or attempt at revolution. Nothing says that a majority of the population must be involved, only that it is a particular type of act.

Rebellion is also listed. Merriam Webster defines rebellion as opposition to one in authority or dominance; 2a: open, armed and usually unsuccessful defiance of or resistance to an established government; b: an instance of such defiance or resistance. Again, the actions of that day also fit this description.

But there are other terms we should look at. Protester, for one. A protester is one who participates in a protest, which Merriam Webster defines as a solemn declaration of opinion and usually of dissent; 2: the act of objecting or a gesture of disapproval, especially: a usually organized public demonstration of disapproval.

A riot is defined as; a violent public disorder, specifically: a tumultuous disturbance of the public peace by three or more persons assembled together and acting with a common intent. This certainly fits the events of that day as well.

A terrorist is defined as an advocate or practitioner of terrorism as a means of coercion, which leads to terrorism, which is defined as the systematic use of terror especially as a means of coercion, which leads us to the definition of terror which is: a state of intense or overwhelming fear; 2: violence or the threat of violence used as a weapon of intimidation or coercion, especially: violent or destructive acts (such as bombing) committed by groups in order to intimidate a population or government into granting their demands.

The events at the Capitol readily fit all or most of these definitions, and most of these actions are all excluded on the home and commercial property policies. The Capitol isn't insured, so insurance for that is not in play. The Architect of the Capitol is the builder and steward of the buildings and grounds of Capitol Hill, and the staff is responsible for preserving and maintaining the buildings, monuments, art and gardens on the Capitol campus.

However, had the riot moved into nearby areas with businesses or residences, these exclusions would have come into play. The reason for the riot is important. Some say there is no difference between the riot at the Capitol and the protests last summer over the death of George Floyd; there is indeed a significant difference. At the Capitol, rioters entered the building to disrupt the political process of confirming the results of the presidential election. This is far different than protesting the death of someone at the hands of the police. While there were calls for reform, there was no intent to disrupt the positions of state or governmental officials. When a protest or riot rises to those levels, then you have behavior that is excluded under the policy.

Note that a riot is not excluded; insurrection, rebellion, or revolution is. So a mob storming a government building because they don't want to wear masks or are protesting some action does not rise to the level of insurrection or rebellion, even though there may be significant property damage, injuries and even fatalities. It is the reason for the action and the intent that will determine whether or not a riot is also an insurrection or not.