Mudslide, Landslide and Earth Movement: What Hawaiʻi Insurance Covers

Kona lows and tropical storms can drop a foot or more of rain on steep Hawaiʻi slopes in a single night. Windward Oʻahu, the Hāmākua Coast, East Maui and the gulches of Upcountry all have the same story after a big storm: a hillside lets go, mud and rock come down, and the homeowner calls the insurance company. Very often the answer that comes back is short: “Earth movement is excluded.”

Sometimes that is the right answer. But storm claims are rarely one simple event. The same night that a slope moved, the wind may have lifted part of your roof, a tree may have come down on the carport, and rain may have poured through a broken window. Those are different causes, and they can be treated very differently under the same policy. This guide walks through how insurers usually look at mud and slides, and how to keep the parts of your claim that should be paid from getting swept away with the parts that are not.

The earth movement exclusion, in plain English

Most homeowners policies sold in Hawaiʻi exclude damage caused by earth movement. The definition usually lists landslides, mudslides, mudflows, sinkholes, subsidence and the ground rising, sinking or shifting. Many policies add that the exclusion applies no matter what caused the ground to move, including rain, and no matter whether other causes contributed. That last part is why a slide caused entirely by storm rain is still usually excluded under a homeowners policy.

There is an important exception in many standard forms: if earth movement causes a fire or an explosion, the resulting fire or explosion damage is generally covered. A slide that ruptures a gas line and starts a fire is a very different claim from a slide that only fills the downstairs with mud.

Mudflow vs. landslide: why the difference matters

If you carry flood insurance, such as a National Flood Insurance Program (NFIP) policy, the key word is mudflow. Flood policies generally treat mudflow as a river of liquid, flowing mud moving over normally dry land, the way floodwater would. That can be covered as part of a flood. A landslide, where a mass of soil or rock breaks away and slides down a slope, is generally not covered by a flood policy.

After the storm, the difference can be hard to see. A layer of mud on the floor looks the same either way. What tells the story is the path: whether mud flowed in with water through doors and vents, or whether the hillside behind the house failed and pushed into the wall. That is why the first photos you take, and any engineer’s description of what happened, can decide which policy responds.

Only a small share of Hawaiʻi homes carry flood insurance at all, so many owners find out about this distinction the hard way. If you do have a flood policy, report the loss to it as well as to your homeowners carrier, and note the strict flood timelines. NFIP policies generally require a signed proof of loss within 60 days of the loss unless FEMA extends it in writing.

Look for the other causes

This is where many earth movement claims are won or lost. Walk the whole property and ask, for each piece of damage, what actually caused this?

• Wind. Missing shingles or panels, a lifted lanai roof, broken windows. Rain that came in through an opening the wind created is often treated as part of a covered wind loss.
• Falling trees and limbs. A tree that blew down onto the house is a different event from mud reaching the foundation.
• Water from above. Roof leaks during the storm, gutters overflowing into walls, water entering through damaged vents.
• Fire or explosion that followed ground movement, as noted above.
• Contents and living expenses tied to the covered parts of the loss. If wind damage alone made the home unlivable, additional living expense may apply.

What to do in the first few days

• Stay safe. Slopes can keep moving for days after heavy rain. Follow county and state guidance, keep people and pets out of unstable areas, and have utilities checked before re-entering.
• Report the claim in writing to your homeowners carrier, and to your flood carrier if you have one. Describe what you saw, not your conclusion about coverage.
• Photograph before cleanup. The slope, the path the mud took, the high-water or mud line on walls, doors and furniture, and the outside of the roof and windows.
• Protect the home from further damage. Tarp openings and move contents to dry areas. Keep every receipt; reasonable protective repairs are usually part of a covered loss.
• Save evidence. Keep samples of damaged materials if you safely can, and note road closures, county notices or neighbors with similar damage.
• Get the right expert. For a real slope failure, a geotechnical engineer’s report can explain what moved and why, which helps every party sort out causes.

A simple example

Here is how one storm can create several claims. During a Kona low on a windward slope, wind tears part of a metal roof loose and rain pours into two bedrooms. Later that night, a section of the bank behind the house gives way and pushes mud and rock against the back wall and into the laundry room.

• The roof repair and the water damage in the bedrooms are a wind loss under the homeowners policy.
• The mud in the laundry room and the damage to the back wall come from the slide and will likely fall under the earth movement exclusion.
• If the owner has flood insurance and any mud arrived as flowing mudflow rather than a slide, that portion may be presented to the flood carrier.

This is an illustration only. Every policy and every claim is different. The point is that a single “earth movement” label should not be applied to damage that came from somewhere else.

Retaining walls, driveways and the yard

Retaining walls, driveways, walkways and landscaping are a frequent source of frustration after a slide. Many policies limit or exclude these items, and earth movement is usually excluded for them too. Trees and plants are often covered only for specific named causes, and windstorm is commonly not one of them. Check Coverage B (other structures) and any landscaping provision in your policy before assuming either way.

If your claim was denied for earth movement

A denial letter is not the end of the conversation. Hawaiʻi law expects insurers to explain the policy basis and the facts behind a denial or a reduced offer. Ask for that explanation in writing, along with the adjuster’s photos, notes and any engineer report. Then compare it with your own list of damage and causes. If parts of the loss came from wind, falling trees or water from above, ask the insurer to address those parts separately.

Common Questions