Chapter Eight LEARNING OBJECTIVES OVERVIEW

Transcription

1 Chapter Eight Commercial Property Insurance LEARNING OBJECTIVES Upon the completion of this chapter, you will be able to: 1. Recognize the structure and components of the commercial package policy 2. Identify the causes of loss forms 3. Name the various types of covered property under the Building and Property Coverage form 4. List the Additional Coverages and Coverage extensions under the Building and Personal Property Coverage form 5. Define exclusions, limits of insurance, deductible, and loss conditions 6. Identify optional coverages under the Building and Property Coverage form 7. Compare and contrast the coverage forms available under the Commercial Package policy 8. Recognize endorsements available to the coverage forms OVERVIEW To accomplish maximum flexibility, the Insurance Services Office (ISO) implemented the Commercial Package Policy (CPP). The commercial lines policy forms and endorsements are arranged by coverage part. A uniform policy format eliminates redundant information if multiple coverage parts are written on a single package policy. This chapter will discuss the Commercial Package Policy (CPP), the causes of loss forms that may be attached to it, and optional endorsements. Common Policy Declarations Common Policy Conditions + Commercial Property Coverage Part Commercial Inland Marine Coverage Part Equipment Breakdown Coverage Part Farm Property & Liability Coverage Part Commercial General Liability Coverage Part Commercial Crime Coverage Part = Commercial Automobile Coverage Part Commercial Package Policy 111 Property & Casualty

2 8.1 Components of a Commercial Package Policy Every CPP includes a Common Policy Declarations and Common Policy Conditions form. These policy sections apply to the entire policy, regardless of the types of coverage written. For example, one client may wish to package Crime and Commercial General Liability coverages; another client may wish to package Inland Marine and Business Auto coverages. Although each client will have different and specific coverage forms, their policies will contain the same common policy declarations and common policy conditions form. The CPP contains four key components: 1. The Common Policy Declarations Page shows the Who, What, When, Where, and how much that applies to the insurance provided by the policy. It defines each of the coverage parts included on the policy. Each coverage part also contains its own unique declarations page: a. Who: The Named Insured, which is the individual or business entity for whom insurance is provided. b. What: A description of the business being insured. c. When: The policy period, which includes the effective and expiration dates. Commercial package policies are written for terms of one year. d. Where: The mailing address of the named insured. e. How Much: On the common declarations, this includes the total premium charged for each coverage part as well as the total policy premium. If a premium does not appear next to a coverage part on the common declarations, no coverage is provided. 2. The Common Policy Conditions contains the legal obligations and duties of the insured and insurer, such as: a. Cancellation Who may cancel and when written notice must be given. The First Named Insured has the right to cancel the policy. The insurance company may also cancel the policy, subject to insurance regulations and the contents of the insurance contract. b. Changes The First Named Insured has the right to request policy changes. Changes can only be made, in writing, with the consent of the insurer. c. Examination of Your Books and Records The insurer may examine the insured s books and records anytime during the policy period and up to 3 years afterward. d. Inspections and Surveys The insurer has the right, but is not obligated, to make inspections and surveys at anytime. These surveys are for purposes of underwriting and rating and are not safety inspections. e. Premiums The First Named Insured is responsible for the premium payments and will be the recipient of any return premiums. f. Transfer of Your Rights and Duties Under This Policy The insured s rights may not be transferred without the written consent of the insurer, unless the insured dies, and then rights are automatically transferred to the insured s legal representative. 3. Interline Endorsements These endorsements coordinate the coverage contained in one coverage part of the policy with other coverage parts to prevent duplication. If only 1 coverage part is affected by a change, it is called a Monoline Endorsement. 4. The available Coverage Parts When purchasing only one coverage part (or module), it is considered a stand-alone policy and not a package policy. The Coverage Parts available on a Commercial Package Policy include: a. Commercial Property, which may consist of one or more of the following: 1) Building and Personal Property Coverage Form 2) Commercial Builders Risk Coverage Form 3) Condominium Association Form 4) Condominium Unit-Owners Coverage Form 5) Business Income Coverage Form 6) Extra Expense Coverage Form 7) Legal Liability Coverage Form Property & Casualty 112

3 b. Commercial Inland Marine Coverage Part c. Equipment Breakdown (formerly called Boiler & Machinery) d. Farm Property and Liability Coverage Part e. Commercial General Liability Coverage Part f. Commercial Crime Coverage Part g. Commercial Automobile Coverage Part Commercial Package Policy Key Facts 1. A single coverage module is a stand-alone (monoline) policy, not a package policy or more coverage parts or modules are required for the policy to be a package policy Key Components make up a Commercial Package Policy (CPP) Modules make up the available coverage parts in a Commercial Package Policy (CPP). 1. The Common Policy Conditions in commercial property insurance includes all of the following, except: a. Inspections and surveys b. Changes c. Transfer of rights d. Fire department service charge 8.2 Causes of Loss Forms There are four Causes of Loss forms available to specify the perils covered under the property coverage parts of the policy. More than one Causes of Loss Form may be attached to the coverage part with different causes applying to different locations or classes of property. Most exclusions in the commercial property policy are found in the causes of loss form. 1. Causes of Loss Basic Form The Basic Form provides coverage for the following causes of loss (perils): fire, lightning, windstorm or hail, smoke, aircraft or vehicles, riot or civil commotion, vandalism, sprinkler leakage, sinkhole collapse, and volcanic action. The exclusions contained in the Causes of Loss Basic Form include ordinance or law, earth movement; governmental action, nuclear hazard, utility services, war and military action; water or fungus, wet or dry rot, and bacteria. A special exclusion exists for business income and extra expense coverages. a. Vandalism does not include coverage for theft but does cover building damage caused by the breaking or exiting of burglars. b. Smoke does not include coverage for smoke from agricultural smudging or industrial operations. The basic causes of loss form contains a Limitation provision that specifies loss of animals is covered but only if they are killed or their destruction is made necessary. c. The basic form includes the Additional Coverage Limited Coverage for Fungus, Wet Rot, Dry Rot, and Bacteria. The Limit of insurance is up to $15,000 for all covered losses that take place during the 12-month period that begins with the policy s inception date. 2. Causes of Loss Broad Form Includes the perils contained in the basic form, plus 3 additional causes of loss: a. Falling Objects Damage caused by falling objects, but not to the object itself. Coverage for the interior of the building and its contents is only if the exterior of the building is first damaged by the falling object. b. Weight of Ice, Snow, or Sleet Does not include coverage for personal property outside of buildings or structures. 113 Property & Casualty

4 c. Water Damage Caused by Accidental Discharge Coverage for water damage is provided when accidental discharge or leakage of water or steam occurs as the direct result of the breaking apart or cracking of a plumbing, heating, air conditioning, or other system or appliance that is located on the described premises and contains water or steam. Coverage is NOT provided for discharge or leakage from an automatic sprinkler leakage system, a sump or related equipment, roof drains, gutters, downspouts, etc. Neither is coverage provided if continuous or repeated seepage or leakage of water takes place over a period of 14 or more days. Plumbing is not covered. The Causes of Loss Broad Form contains the same exclusions, additional coverages, and limitation found in the basic form; however, it also includes the Additional Coverage Collapse. 3. Causes of Loss Special Form Instead of providing coverage for named causes of loss, the special form provides coverage for risks of Direct Physical Loss unless the peril or cause of loss is specifically excluded or limited. Coverage under the special causes of loss form is on an open perils basis. The Limitations section of the special causes of loss form contains language not found in the basic and broad forms, such as: a. No coverage is provided for most damage to steam boilers and equipment due to events inside the boilers and equipment. b. No coverage is provided for damage to the interior of a building caused by rain, snow, sleet, ice, sand, or dust unless the exterior of the building or structure first sustains damage. c. No coverage is provided for inventory shortage. d. No coverage is provided for the following, unless specifically endorsed: fragile articles and builders machinery, tools, and equipment. e. Special limits of insurance apply to the following classes of personal property: $2,500 for furs and fur garments; $2,500 for jewelry, watches, jewels, precious and semi-precious stones, gold, silver, etc.; $2,500 for patterns, dies, molds, and forms; and $250 for stamps, tickets, and letters of credit. 4. Causes of Loss - Earthquake Form (Earthquake Endorsement) This form is basically an endorsement because it can only be used with another Causes of Loss Form. Coverage is provided for losses caused by earthquake or volcanic eruption that occur during the policy period, including damage caused by earthquake occurring within a 168-hour period after the expiration of the policy, providing loss began prior to the expiration of the policy. A deductible that is a percentage of the limit of insurance applies. 2. Which of the following is excluded under the Basic Causes of Loss form? a. Utility services b. Sinkhole collapse c. Volcanic action d. Sprinkler leakage 3. Which of the following perils is not one of the three included on the Broad Causes of Loss Form? a. Water damage from accidental discharge b. Steam boiler explosion c. Falling objects d. Weight of ice, snow or sleet Property & Casualty 114

5 Commercial Property Coverage Part 8.3 Building and Personal Property Coverage Form 1. Coverage The Building and Personal Property Coverage Form pays direct physical loss of or damage to covered property described in the Declarations. It describes how property coverage applies to the following classes of property: buildings, business personal property of the insured, and personal property of others. There is no liability coverage provided by this form. a. Covered Property 1) Building or structure described in the Declarations, including: a) Completed additions; outdoor fixtures; and permanently installed fixtures, machinery, and equipment. For example, a print shop that owns four commercial printers that are affixed to the cement floor would insure the printers as building items rather than items of business personal property. b) Personal property owned by the named insured and used to service and maintain the insured buildings, structures, and premises. Lawn mowing and snow removal equipment not otherwise excluded fall into this category of business personal property. Also included are materials and supplies of the business that are on the premises or within 100 feet of the premises. c) If the named insured is making an addition to an insured building or structure, or conducting alterations or repairs on an insured building or structure, the materials, equipment, supplies, and temporary structures used in connection with these activities are insured as building items if they are located on the described location or within 100 feet of it. 2) Business Personal Property owned by the insured Some business personal property is only insured if it is located in or on a building described on the Declarations OR within 100 feet of it (i.e., in the open or inside a vehicle). Covered business personal property includes: Furniture and fixtures Such as office furniture and shelving. Machinery and equipment Such as refrigerators and telephone systems. Stock Inventory or merchandise held in storage or for sale, raw materials, and supplies used for packing or shipping such stock. Any other personal property owned by the named insured and used in the named insured s business. Tenants improvements or betterments made to the part of a building occupied, but not owned, by the named insured. Leased personal property for which the named insured has a contractual obligation to insure, unless insured elsewhere on the policy. 3) Personal Property of Others For coverage to apply, the property must be in the care, custody, or control of the named insured AND be located in or on a building shown on the Declarations, in the open (or in a vehicle) within 100 feet of the described premises. Any claim payment will be made only to the owner of the insured property. b. Property Not Covered Although most classes of property may be insured on the Building and Personal Property Coverage Form, certain classes of property are not covered. They are either uninsurable or must be insured separately. Types of property not covered on the Building and Personal Property Coverage Form include: Accounts, bills, currency, food stamps, or other evidences of debt, money, notes, and securities are not covered. Example: $5,000 cash burned in a fire would not be covered. Animals, unless they are owned by others and boarded by the named insured OR owned by the insured when they are stock and inside buildings. 115 Property & Casualty

6 Autos held for sale, including cars, trucks, motorcycles, motor homes, etc. Bridges, roadways, sidewalks, patios, and other paved surfaces. Contraband, stolen property, or property used in the course of illegal transportation or trade. The cost of excavations, grading, backfilling, or filling. The foundations of buildings, structures, machinery, or boilers if the foundations are below the lowest basement floor or the surface of the ground if there is no basement. Land, including land on which covered buildings and structures are located, water, growing crops, and lawns. Personal property while it is being transported in the air or on water. Bulkheads, pilings, piers, wharves, or docks. Property insured by this policy under another coverage part, or property specifically insured on another policy. Retaining walls that are not part of a building and underground pipes, flues, and drains. Electronic data, including information, facts, and computer programs and the cost to replace or restore such information. Vehicles and self-propelled machines, including aircraft and watercraft, if they re licensed for use on public roads OR are operated principally away from the described premises. Property manufactured, processed, or warehoused by the insured. Rowboats and canoes out of water at the described location. Motorized vehicles that are not autos and are held for sale by the insured. When outside of buildings: grain, hay, straw, other crops; fences, radio and TV antennas and their wiring, masts or towers; trees, shrubs, or plants that are not stock. c. Covered Causes of Loss The Building and Personal Property Coverage Form requires the insured to select one or more of the cause of loss forms to be attached. These forms vary and allow the insured to select the appropriate form for a particular class or type of property. For example, the insured may want building items to be insured under a special causes of loss form and business personal property to be insured under a broad causes of loss form. d. Additional Coverages The coverages extend the insurance provided and are automatically included at no extra cost to the insured. 1) Debris Removal Pays the expense of removing debris following a covered loss and is subject to a maximum of 25% of the coverage applying to direct physical loss. However, in the event of a total loss where the limit of insurance on the building is exhausted, the policy will pay up to an additional $10,000 for debris removal. Example: If a building insured for $100,000 suffers $80,000 of direct fire damage and incurs debris removal costs of $15,000, the policy will pay $95,000. 2) Preservation of Property Provides open peril coverage for a maximum period of 30 days on insured property that is being moved or temporarily stored at another location because of endangerment by a covered peril. 3) Fire Department Service Charge Provides, as an additional amount of insurance, up to $1,000 for the payment of fire department service charges when the department is called to protect insured property. No deductible applies to this coverage. 4) Pollutant Clean up and Removal Pays the insured s expense, up to $10,000 aggregate limit, for each described location in a policy period, to extract pollutants from land or water at the described premises if the discharge or escape of the pollutants is caused by or results from a covered cause of loss. 5) Increased Cost of Construction In the event of damage to a covered building for a loss to which Replacement Cost Optional Coverage applies, the insurer will pay the increased costs, up to a $10,000 aggregate limit, incurred to comply with enforcement of an ordinance or law regulating the repair, rebuilding, or replacement of damaged parts. Property & Casualty 116

7 6) Electronic Data Pays up to $2,500 aggregate in any one policy year, regardless of the number of locations, for the cost to replace or restore electronic data that has been destroyed or corrupted by a covered cause of loss. e. Coverage Extensions If a coinsurance percentage of 80% is shown in the Declarations, the insured may extend the insurance provided by the Commercial Property Coverage Part as follows: 1) Newly Acquired or Constructed Property a) Coverage may be extended to cover new buildings to be constructed on the described premises, and newly acquired or constructed property at other locations. The coverage limit is $250,000 at each building. b) Coverage may be extended to cover newly acquired business personal property, up to $100,000 at each building. c) This automatic coverage ends at the earliest of the following 3 circumstances: (1) The policy expires. (2) The end of 30 days. (3) The values of the newly acquired or constructed property are reported to the insurance company. 2) Personal Effects and Property of Others Personal effects of the insured and the personal property of others in the insured s care, custody, and control are covered for up to $2,500 at each described premises. Coverage does not include loss by theft. 3) Valuable Papers and Records Cost of Research a) Pays for loss or damage by a covered peril that requires the replacement or restoration of lost information on valuable papers and records. b) The maximum amount paid is $2,500 at each described premises, unless a higher limit is shown in the Declarations. 4) Property Off Premises a) A limit of $10,000 of coverage is extended for the insured s covered property (other than stock) while it is temporarily at a location the insured does not own, lease, or operate. b) This includes property located at a fair, trade show, or exhibition; in or on a vehicle; or in the care, custody, or control of the named insured s salesperson. 5) Outdoor Property a) The insured may extend a maximum amount of $1,000 to cover loss to outdoor fences, detached signs, antennas, trees, shrubs, and plants. A sublimit of $250 applies to any one tree, shrub, or plant. b) The perils covered by this extension are fire, lightning, explosion, riot or civil commotion, and aircraft. 6) Non-Owned Detached Trailers a) Extends insurance that applies to the insured s business personal property to apply to loss or damage to trailers the named insured does not own, provided the trailer is used in the insured s business, is in the insured s care, custody, or control at the described premises, and the insured has the contractual responsibility to pay for loss or damage to the trailer. b) The most the insurer will pay for loss or damage is $5,000 unless a higher limit is shown in the Declarations. c) Loss or damage is not covered while the trailer is attached to any motor vehicle or during hitching or unhitching operations. 2. Exclusion and Limitations The applicable Causes of Loss Form shown in the Declarations contains the applicable coverage exclusions and limitations. 117 Property & Casualty

8 3. Limits of Insurance The most the policy will pay for loss or damage in any one occurrence is the limit of insurance shown in the Declarations. a. The most the policy will pay for loss or damage to outdoor signs attached to the building is $1,000 per sign in any one occurrence. b. The limits applicable to the Fire Department Service Charge and Pollutant Clean Up and Removal Additional Coverages are in addition to the limits of insurance. 4. Deductible The policy will not pay for a loss until the amount of loss exceeds the deductible amount shown in the Declarations. The standard deductible is $ Loss Conditions In addition to the Common Policy Conditions and the Commercial Property Conditions, the following conditions, most of which were discussed previously, apply: a. Abandonment b. Appraisal c. Duties in the Event of Loss or Damage d. Loss Payment The insurer has the option of making payment for the value of the lost or damaged property or the cost to repair or replace. If it chooses, it may also take the property at an agreed or appraised value or actually arrange for the repair, rebuilding, or replacement of damaged property. e. Recovered Property The insured, not the insurance company, has the option of keeping any recovered property and reimbursing the insurer for the amount of the loss settlement already received. Regardless of who retains the recovered property, the insurer pays the costs of recovery and any expenses required to repair the recovered property, subject to the limit of insurance. f. Vacancy 1) If, at the time of loss, the building where loss or damage occurs has been vacant for more than 60 consecutive days before the loss, there is no coverage for loss resulting from the following six perils: vandalism, sprinkler leakage, building glass breakage, water damage, theft or attempted theft, glass breakage, or water damage. For all other covered causes of loss, loss payment will be reduced by 15%. 2) If the insured is a tenant, the portion of the building rented or leased to the insured is considered vacant if it doesn t contain enough business personal property to conduct customary operations. If the insured is the owner or general lessee of the building, it is considered vacant unless at least 31% of its total square footage is used to conduct customary operations. Buildings under construction or renovation are not considered vacant. 3) If an insured desires coverage for vandalism, sprinkler leakage, building glass breakage, theft or attempted theft, and water damage for a building that remains vacant beyond the basic 60 days stated in the vacancy provision, it may request a vacancy permit endorsement to cover the excluded perils during a term of vacancy. This endorsement allows the 60-day Vacancy Condition to be waived for the permit period. If the insurer doesn t agree to add the endorsement, the insured should purchase a specialty vacant property policy. g. Valuation In the event of a loss, the value of covered property will be determined as follows: 1) Actual cash value at the time of loss, except as provided below. a) If the coinsurance requirement is met, and the loss is $2,500 or less, the policy will pay for building repairs or replacement. However, the following property will continue to be valued at actual cash value even when attached to the building: (1) Awnings or floor coverings (2) Appliances (3) Outdoor equipment or furniture b) Stock the named insured has sold, but not delivered, at selling price, less discounts and expenses the insured otherwise would have had. c) Glass at the cost of replacement with safety glazing material if required by law. Property & Casualty 118

9 d) Tenant s Improvements and Betterments at actual cash value if repairs are made promptly, at a proportion of the insured s original cost if repairs are not made promptly, and no payment is made if repairs or replacement are paid for by others. 6. Additional Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions. a. Coinsurance The insured is required to insure all covered property to a percentage of its replacement value; failure to do so results in a penalty in the event of partial losses. The coinsurance percentage is shown on the Declarations; and the standard coinsurance percentage is 80%. Any applicable loss penalty is determined based on the percentage of insurance to value. For example, assume a building with a $100,000 replacement value were insured on a policy with an 80% coinsurance percentage and suffered a $10,000 loss. If the amount of insurance on the dwelling were $40,000, the policy would only pay 50% of the $10,000 loss, or $5,000, before application of the deductible. Because the building is insured to one-half the amount required by the coinsurance clause ($80,000), the loss penalty will be 50%. The formula that is applied in the event of a partial loss is as follows: Amount of Insured Carried Amount of Insurance Required X Amount of Loss = The amount the insurer pays $40,000 $80,000 X $10,000 = $5,000 b. Mortgage Holders The policy will pay to each mortgage holder shown in the Declarations its share of a covered loss or damage, in order of precedence, as its interests may appear. 1) The mortgage holder will be paid, even if coverage is denied to the insured, subject to certain provisions. Payment will be made to the mortgage holder, but only if the mortgage holder: a) Pays any premiums due if the insured hasn t done so; b) Submits a signed, sworn, proof of loss within 60 days of being notified that the insured failed to submit such proof of loss; AND c) Has notified the insurer of any change in ownership, occupancy, or substantial change in risk about which it was aware. 2) If the insurer pays a mortgage holder, it must assign its rights of recovery, and rights under the terms of the mortgage, to the insurer. If the insurer cancels the policy, it must give all mortgage holders advance written notice subject to the terms of the policy. 7. Optional Coverages The following coverages are automatically included in the policy. However, coverage is not activated unless appropriate designations appear in the Declarations. a. Agreed Value 1) The coinsurance clause is suspended when this optional coverage applies. 2) The insured and insurer agree on value specified on the Declarations page. 3) This optional coverage only applies to loss or damage that occurs after the effective date of the optional coverage and before the agreed value expiration date shown in the Declarations. 4) This coverage does not automatically renew; the insured must choose it. b. Inflation Guard 1) The limit of insurance for property subject to this additional coverage automatically increases by the annual percentage shown in the Declarations. 2) This percentage of increase is applied to the policy at the rate of 1/365 of each year. 119 Property & Casualty

10 c. Replacement Cost Business Personal Property Only 1) The insured may purchase coverage for replacement cost loss valuation instead of the actual cash value method of valuation contained in the form. 2) This optional coverage does not apply to: a) Personal property of others. b) Contents of a residence. c) Works of art, antiques, rare articles, etc. d) Stock, unless the stock option is shown in the Declarations. 3) Tenants improvements and betterments are NOT considered personal property of others under this coverage. d. Extension of Replacement Cost to Personal Property of Others This optional coverage allows replacement cost loss settlement, instead of actual cash value loss settlement, to apply for loss to personal property of others. 4. How much can be paid under the Business and Personal Property Coverage Form for debris removal due to a covered loss? a. $1,000 b. $5,000 c. 15% of Coverage A d. 25% of the loss 5. What is the limit of coverage for business personal property away from the premises under the Business and Personal Property coverage form? a. $1,000 b. $5,000 c. $10,000 d. $15, A building is considered vacant unless what percentage of the building s total square footage is rented or used to conduct customary operations? a. 10% b. 20% c. 26% d. 31% Coverage Interline Forms Available under Commercial Property 8.4 Builders Risk Coverage Form 1. Property coverage is provided on buildings or structures under construction if they are designated in the Declarations. The following types of property are covered IF they are to be permanently located in or on covered buildings and structures OR within 100 feet of its premises: a. The foundations of buildings and structures. b. Fixtures and machinery that will become part of the covered buildings and structures. c. Equipment used to service the covered buildings and structures. d. The insured s building materials and supplies used for construction. 2. Property not covered includes land, lawns, trees, shrubs, plants, outside antennas, and signs that are not attached to buildings. Property & Casualty 120

11 3. Builders risk coverage begins on the effective date of the policy or at the time the insured becomes legally responsible for the property if that date occurs after the policy s effective date. 4. Coverage ends automatically at the earliest of the following events, if they occur before the end of the policy period: a. The policy expires or is canceled. b. The covered property is accepted by a purchaser. c. The insured s interest in the property ends. d. The insured abandons the property and doesn t intend to complete construction. e. 90 days after construction is complete. f. 60 days after any covered building is partially or fully occupied OR is put to its intended use. 5. The form does not provide liability coverage. 6. The standard builders risk coverage form is written on a Completed Value Form. The limit of coverage is chosen and reflects the anticipated replacement value of the covered building(s) and structure(s) when construction is completed. 7. If an insured is working on several projects at a time, the builders risk reporting form will be added to the policy by endorsement. It allows the limit of insurance to be adjusted based on reports filed per the reporting period on the policy; reporting periods can be daily, weekly, monthly, or quarterly. 8. Failure to submit reports as required results in penalties that range from 25% of the amount the insurer would otherwise have paid or the amount contained on the most recently filed report before the loss. 9. The form is written equivalent to 100% coinsurance. 10. The causes of loss on the builders risk form appearing on the Declarations are the same as those used with the Building and Personal Property Coverage Form. 7. The Builder s Risk Coverage form automatically ends at the earliest of all of the following, except: a. Policy expires b. Property is sold c. Property is abandoned d. 60 days after construction is complete 8.5 Condominium Association Coverage Form 1. This form is used in place of the Building and Personal Property Coverage Form when insuring property in the name of a condominium association. 2. Coverage includes the buildings and the fixtures that are a part of the building, such as refrigerators, air conditioners, and other appliances, if the Association Agreement requires the association insure the property. 3. If the unit-owner has insurance covering the same property, the association s coverage will be primary. 121 Property & Casualty

12 8. The Condominium Association Coverage Form is used in place of which coverage form when insuring a condo building insured by the association? a. Dwelling property b. Homeowner Policy c. Building and Personal Property Coverage form d. Condominium HO 6 policy 8.6 Condominium Commercial Unit-Owners Coverage Form 1. This form is used for commercial unit-owners instead of the personal lines Unit-owners Coverage Form (HO 6), which is used by the owners of residential condominium and cooperative units. 2. Only the business personal property of the unit-owner is insured. 3. In the event of duplicate coverage issued by this policy and the policy issued to the condominium association or cooperative corporation, the Unit-Owners Form acts as excess insurance. 4. Covered property includes fixtures, improvements and alterations, and appliances owned by the insured and making up part of the building. 9. The Condominium Commercial Unit-Owners Coverage covers each of the following, except: a. Improvements b. Fixtures c. Appliances d. Personal property 8.7 Time Element (Business Income) Coverage Forms Business Income and Extra Expense Coverage 1. Covers the actual loss of business income sustained during the period of restoration due to suspension of operations, as a result of a direct physical loss caused by a covered cause of loss. Business income is the pre-tax net profit or loss that would have been earned plus normal continuing operating expenses, including payroll, rent, taxes, insurance, and debt payments. 2. The Period of Restoration begins 72 hours after the time of loss, and ends on the earlier of the date when the property should be repaired or rebuilt with reasonable speed, or the date when business is resumed at a new permanent location. 3. Three forms of business income coverage exist: a. Business Income including Rental Value b. Business Income other than Rental Value c. Rental Value 4. Optional Coverages that may be made with entry in the Declarations include: a. Maximum Period of Indemnity b. Monthly Limit of Indemnity c. Business Income Agreed Value Extra Expense Coverage Form (Time Element Coverage) Extra expense means the necessary additional expenses incurred during the period of restoration, and which the insured would not have incurred if there had been no direct physical loss. Examples of such expenses include relocation expenses and costs to equip a temporary location. Extra expense coverage may be purchased without business income coverage by clients that will not suffer a consequential loss of business income after a property loss but that would incur additional expenses. Property & Casualty 122

13 Note #1: A monthly limit of indemnity option may be added, which limits the policy amount that the insured may receive such as 40% / 80% / 100%. If the period of restoration is 30 days or less, the first percentage applies. If the period of restoration exceeds 30 days, but is less than 60 days, the second percentage applies. If the period of restoration exceeds 60 days, the third percentage applies. Example: If a risk insured under a $100,000 Extra Expense Coverage Form, with a 40/80/100 percentage suffers a $90,000 loss with a 50 day restoration, the policy will pay $80,000. Note #2: Extra Expense Coverage may also be included in the Business Income Coverage Form. 10. In the Business Income Coverage Form, Period of Restoration begins after the time of loss? a. 55 days b. 72 hours c. 86 years d. 100 months 8.8 Legal Liability Coverage Form (Bailee s Coverage) 1. This coverage form provides coverage for the insured s legal liability for loss or damage to real or personal property owned by others when it is in the insured s care, custody, or control and is damaged by a covered peril. 2. It is most commonly written for the tenant of a commercial building when the tenant, under the terms of a lease, is legally responsible for damage to the building. 3. The form also covers for loss of use of the property, and provides defense coverage. 11. Each of the following is covered under the Legal Liability Coverage Form; except: a. Loss to property of the insured in the care of others b. Loss of use c. Defense costs d. Loss of expenses 8.9 Endorsements Available Ordinance or Law Coverage (CP 04 05) This endorsement responds if the enforcement of any building, zoning, or land use law, results in: 1. The loss in value of the undamaged portion of a building because of enforcement of an ordinance or law that requires demolition of the undamaged parts of a building. 2. Demolition site and clearance of the undamaged parts of a building. 3. Increased cost of repairing or reconstructing damaged parts of a building. Peak Season Limit of Insurance (CP 12 30) 1. Coverage is provided for a specified increase in the business personal property limit of insurance during a designated period of time, such as the Christmas shopping season. 2. The insured chooses the property for which the value will be increased, the amount of the insurance, and the applicable time period. 123 Property & Casualty

14 Value Reporting Form (Full Value Form) (CP 13 10) 1. Under this form, an insured that owns business personal property that fluctuates in value is protected for the values actually at risk. 2. The insured pays an advance premium at the beginning of the policy period. 3. Reports are filed either daily, weekly, monthly, or quarterly. The final premium is based upon the average values reported and is determined at the end of the policy year. 4. This form may be attached to the Building and Personal Property Form and the Condominium Commercial Unit-Owners Form. 5. The insured is required to report 100% of values with each report. Late reporting or under-reporting will result in a penalty in the event of a loss. Spoilage (CP 04 40) 1. Coverage is provided on perishable property in the care, custody, or control of the insured at the insured premises. 2. This endorsement includes losses due to breakdown, contamination and power outage. a. Breakdown or contamination includes changes in temperature or humidity as the result of mechanical failure of refrigeration, cooling, or humidity-control equipment at the insured location. b. Power outage includes changes in temperature or humidity as the result of interruption of electrical power either on or off the insured premises. Example #1: Perishable goods that have spoiled due to breakdown or power outage for a prolonged period of time would be covered. Example #2: Eggs that have spoiled that are on the loading dock for a prolonged period of time would not be covered. Earthquake and Volcanic Eruption Endorsement 1. The Earthquake and Volcanic Eruption Endorsement must be added to one of the causes of loss forms (basic, broad, or special) and cannot be purchased alone. 2. The only causes of loss provided by this endorsement are earthquake and volcanic eruption. All earthquake shocks and volcanic eruptions that occur within any 168-hour period are considered a single earthquake or volcanic eruption. 3. Separate deductibles apply to each building, and personal property located at each building, and personal property in the open. The deductibles are chosen by the insured as a percentage of the limit of liability applying to each class of property. The deductible does NOT apply to business income and/or extra expense coverage. Vacancy Permit ( CP 04 50) 1. Extends coverage on a building that has been vacant or unoccupied beyond the limitation period specified in a policy (usually 30 or 60 days). 2. Usually, the permit is granted free of charge when the structure is in an area with satisfactory fire protection. 3. The perils of Vandalism and sprinkler leakage are excluded under this endorsement. 12. The Ordinance or Law Coverage endorsement covers each of the following losses, except: a. Demolition of the undamaged parts of a building b. Increased cost of repairing damaged parts of the building c. Loss of value in the damaged portion of the building d. Clearance of the undamaged parts of a building Property & Casualty 124

15 Chapter Eight Lightning Facts 1. Every Commercial Package Policy includes a Common Policy Declarations and Common Policy Conditions that apply to the entire policy regardless of the types of coverage written or the endorsements added to the policy The Common Policy Declarations Page shows the who, what, when, where, and how much of the entire policy, each of the coverage parts included on the policy, and a Declarations page for each coverage part The Common Policy Conditions contains the legal obligations and duties of the insured and insurer, including cancellation, changes, examination of your books and records, inspections and surveys, premiums, and transfer of your rights and duties under this policy The interline endorsements coordinate the coverage in multiple coverage parts of the policy to prevent redundancy The basic causes of loss form covers fire, lightning, windstorm, hail, aircraft, riot or civil commotion, vehicles, explosion, smoke, vandalism, sprinkler leakage, sinkhole collapse, and volcanic action. It also provides limited coverage for fungus, wet rot, dry rot, and bacteria. The limit of insurance is up to $15,000 for all losses occurring in a 12 month period that begins with the policy effective date The broad causes of loss form includes the perils listed in the basic causes of loss form, plus the perils of falling objects, weight of ice, snow, or sleet, and water damage caused by accidental discharge The special causes of loss form provides insurance for losses caused by risks of direct physical loss except those perils that are specifically limited or excluded; this form provides open perils coverage The Building and Personal Property Coverage Form covers buildings, business personal property of the insured (including furniture and fixtures, machinery and equipment, and stock) and personal property of others. It does not provide liability coverage The Building and Personal Property Coverage Form contains Additional Coverages, including debris removal, preservation of property, fire department service charge, pollutant clean up and removal, increased cost of construction, and electronic data If a coinsurance percentage of 80% is shown in the Declarations, the insured may extend coverage under the following Coverage Extensions: Newly Acquired or Constructed Property, Personal Effects and Property of Others, Valuable Papers and Records, Property off Premises, Outdoor Property, and Non-Owned Detached Trailers The standard deductible is $500 and the policy will not pay for a loss until the amount of the loss exceeds the deductible The Builders Risk Coverage Form covers buildings or structures under construction, their foundations, attached fixtures and machinery, equipment used to service the buildings and structures, and building materials and supplies on the described premises, or within 100 feet of it, that will be permanently located in or on covered buildings and structures The standard builders risk coverage form is written on a completed value basis. The limit of coverage is chosen and reflects the anticipated replacement value of the covered building and structure when construction is completed The Condominium Association Coverage Form is used in place of the Building and Personal Property Coverage Form when insuring buildings and fixtures that are a part of the building insured by a condominium association. It includes coverage for building items such as refrigerators, air conditioners, and other appliances, owned by the Association Time element coverage forms insure indirect losses such as the loss of business income and extra expenses that result from the necessary suspension of the insured s business operations due to a covered property loss Property & Casualty

16 16. Business income is the net income (net profit or loss before income taxes) that would have been earned had the covered loss not occurred plus normal, ongoing operating expenses, including payroll Extra expense is the necessary expenses incurred by the insured during the period of restoration that would not have been incurred had the covered loss not occurred The three forms of business income coverage are the Business Income and Extra Expense Coverage Form, Business Income without Extra Expense Coverage Form, and Extra Expense Coverage Form The Legal Liability Coverage Form is written for a commercial tenant who, under the terms of a lease, is responsible for damage to the building. It covers the insured s legal liability for loss or damage to real or personal property of others that is in the insured s care, custody, or control and is caused by a covered peril Endorsements are available and include the Ordinance or Law Coverage, Peak Season Limit of Insurance, Value Reporting Form, Spoilage, Earthquake and Volcanic Eruption Endorsement, and Vacancy Permit. 8.9 Property & Casualty 126