Chapter recap
Commercial Property Insurance
The commercial property coverage part; building and business personal property
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Coverage part = declarations + coverage form + causes of loss form + conditions.
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Building: structure, completed additions, fixtures, permanently installed machinery; dwellings not eligible.
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BPP without the replacement cost option is valued at ACV: replacement cost less physical depreciation (§2051(b)).
Tenant's improvements and betterments; property of others
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Improvements and betterments: tenant paid, made part of the building, not removable; insured as BPP.
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Not repaired promptly: original cost × remaining lease fraction.
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Property of others in care, custody or control is covered, but not in transit in the continental U.S.
The value reporting form
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Value reporting modifies the BPP form; premium follows the values reported.
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Missing the required report: at most 75% of what would otherwise be paid.
Vacancy and the vacancy permit endorsement
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Vacant: tenant lacks BPP to operate; owner, 70% not rented or used (outline).
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After 60+ days: no vandalism, sprinkler leakage, glass, water, theft; other perils paid less 15%.
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Vacancy permit endorsement waives the vacancy exclusion during the policy period.
Coinsurance
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Coinsurance: lower rate for insuring to value; underinsured owners share partial losses.
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(Carried ÷ required) × loss − deductible; value tested at the time of loss.
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Outline: fair market value may set a commercial building's ACV for coinsurance.
Mortgage holder protection
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Mortgage holder is protected even if the insured's claim is denied.
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Insurer pays the mortgagee and is subrogated, or pays off the debt and takes an assignment.
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Mortgagee proof of loss: 60 days after notice; cancellation notice to mortgagee: 10 days.
Causes of loss forms: basic, broad, special
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Basic and broad = named perils; broad adds falling objects, weight of snow/ice/sleet, water damage.
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Special = open perils: direct physical loss unless excluded; theft can be covered.
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Most exclusions are in the causes of loss form.
Key exclusions: ordinance or law, earth movement, water
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Ordinance or law: increased cost to meet code during repair is excluded.
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Earth movement excludes landslide, mine subsidence, tremors from eruption; lava flow and ash are covered.
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Water excludes flood, tidal waves, sewer backup; a sudden burst pipe is covered.
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Most exclusions can be waived by endorsement for additional premium.
Business income and extra expense: what they are and what triggers them
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Business income = net income that would have been earned + continuing expenses incl. payroll.
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Extra expense = necessary costs during restoration that would not exist without the loss.
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BI starts 72 hours after the loss; EE starts immediately.
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Trigger: direct physical loss at the described premises by a covered peril.
Who needs business income, extra expense or rental value
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Business income: a business that can close and reopen.
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Extra expense: a business that must keep operating, such as a bank.
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Rental value: a landlord's lost rent; the declarations show which causes of loss apply.
Business income from dependent properties
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Standard BI needs damage at the insured's own premises.
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Dependent properties: covered loss at a named location the insured depends on.
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Contributing = supplier; recipient = customer; leader = draws customers.
Expediting expense versus extra expense; virus and pandemic
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Expediting expense speeds repairs (overtime, air freight).
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Extra expense keeps the business operating during repairs.
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Virus or pandemic may be excluded; coverage may be bought for more premium.
Leasehold interest; blanket, specific and scheduled insurance; agreed value
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Leasehold interest: value of a favorable lease cancelled after covered damage.
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Blanket = one limit over several items; specific = one limit each; scheduled = listed items.
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Agreed value suspends coinsurance; payment is still the amount of the loss.
Ordinance or law coverage, glass coverage and builders risk
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Ordinance or law: A = undamaged portion lost, B = demolition, C = increased cost of construction.
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Glass: scheduled glass, lettering, boarding up; fits a tenant responsible for glass.
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Builders risk covers the structure, foundations, scaffolding and materials, but not land.
Extended period of indemnity; terrorism coverage
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Extended Business Income: up to 60 consecutive days after reopening.
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Extended Period of Indemnity option: replaces 60 with the days in the declarations.
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Terrorism: insurers must offer coverage; insureds may decline.
Inland marine: why it exists, what it covers, bills of lading
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Inland marine: property that moves or is not tied to one location.
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§103: transit on land, water or air; floaters; jewelry in or out of transit; not life or surety bonds.
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Bill of lading: evidences receipt of goods for shipment; may limit carrier liability.
Inland marine perils and exclusions; electronic data processing policies
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Filed inland marine forms: open perils, defined by exclusions.
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Common exclusions: wear and tear, delay or loss of market, dishonesty of insured or employees.
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EDP: standard forms limit data (ISO BI: $2,500 for computer operations); EDP gives open perils for hardware, software, data.
Equipment breakdown protection
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Special form excludes mechanical breakdown, artificial electrical damage and explosion of owned steam boilers.
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Equipment breakdown (formerly boiler and machinery) fills that gap.
Theft, burglary and robbery; employee theft
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Theft = any unlawful taking; burglary = unlawful entry, no confrontation; robbery = force or threat against a person.
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Employee Theft covers theft by employees, even if the employee is not identified.
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A loss proved only by an inventory count is excluded.
Theft of money and securities: inside and outside the premises
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Inside: money and securities at the premises or bank; theft, disappearance, destruction; thief must be present.
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Outside: in the care of a messenger or armored car company.
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Outside: other property is covered only for robbery.
Discovery and loss sustained forms; persons excluded
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Discovery: losses found during the policy period, even if they occurred earlier.
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Loss sustained: losses during the policy period found up to one year after it ends.
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Excluded: insiders outside Employee Theft, partners, known prior dishonesty; contractors are not employees.
Farm insurance and the Federal Crop Insurance Program
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Farm insurance: monoline or package; personal and commercial; property and liability.
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Crop insurance: unavoidable natural losses above a deductible; not neglect or poor farming practices.
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FCIC/RMA set or approve rates, subsidize premiums and reinsure; private agents sell.
NFIP: the definition of flood and commercial flood coverage
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Flood: general and temporary inundation of 2+ acres of dry land or 2+ properties.
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Mudflow is covered; landslide is not a mudflow.
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General Property Form: Coverages A–D; $500,000 building / $500,000 contents.
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No business income or extra expense under the NFIP.
NFIP producers: no binding authority, waiting period, required training
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No binding authority; no oral binder; agent acts for the policyholder.
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New coverage: 12:01 a.m. on the 30th day after application and premium.
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CA: required flood training before the first NFIP application (CDI: 3 hours, one time).
Ocean marine: hull, cargo, freight, P&I; Jones Act and Longshore Act
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Hull = the ship; cargo = the goods; freight = the transport charge; P&I = liability.
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Jones Act: an injured seaman may sue the employer, with a jury; a P&I claim.
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Longshore Act: employer pays compensation; §905(b) third-party suit against the vessel is the P&I exposure.
CA
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