BP 00 03–BUSINESSOWNERS COVERAGE
FORM ANALYSIS
(June 2026)
This analysis covers the 08 24 edition. Changes from the 07 13 edition
are in bold.
The policy wording admonishes the
reader to read the entire policy because there are restrictions. Only by
reading the policy can the policyholder be aware of its duties, rights,
available coverage, and exclusions.
The coverage form does not use
the phrase "named insured." Instead, it uses "you" and
"your" consistently to refer to the insured or insureds listed on the
declarations.
The phrase “insurance company” is
also not used. Instead, the terms we, us, and our are
used when referring to the insurance company providing coverage.
Under
Section II – Liability, an important term to understand is “insured.” Section C
– Who is an Insured – clarifies who qualifies as an insured.
Words and phrases with special
meanings are defined. Section H. Property Definitions, located at the end of
Section I–Property, and Section F. Liability and Medical Expenses Definitions,
found at the end of Section II–Liability, list these terms and their
definitions.
The insurance company covers
direct physical loss or damage caused by a covered cause of loss to covered property at designated locations shown on the
declarations.
NOTE: This excludes consequential or
indirect losses. 5. Additional Coverages f. Business Income and g. Extra
Expense include some indirect losses, but certain indirect losses remain
uncovered.
|
Examples: Scenario 1: Company A submits a claim for expenses related to
a recalled product following a tampering scare – This is not eligible for
coverage. Scenario 2: Company B inquires with its agent about the
eligibility of repair costs for recalled defective products. The insurance
company responds that the loss is not covered. |
Property covered includes buildings listed in
a. Buildings, b. Business Personal Property, or both. This will depend on the Limit
of Insurance specified on the Declarations. However, property listed in Section
2. Property Not Covered below is excluded.
|
Example:
The declarations for the Businessowners
Policy issued to Karen’s Krafthowse include the following: Property: 2018 Luxury Sedan Limit: $79,500 Coverage does not apply in this case because
automobiles are not eligible for coverage. |
a.
Buildings
Buildings and structures at the
locations listed in the declarations are covered.
NOTE: It is
not necessary to list each building at a specific location, but providing a
complete description of the covered premises is recommended. Street addresses
might be enough, or a clear geographical reference could also be needed. The described premises means all land in the legal description
of the premises on the declarations. This clarity helps ensure claims adjusters
have no doubts about the existence of the risk. An inaccurate or vague
description of the location or premises could result in coverage denial.
Structures typically include
garages, sheds, outbuildings, and other real property not physically connected
to main buildings.
Buildings also include the
following:
·
Completed
additions are included, whether they are attached to buildings or structures.
The value of completed additions must be added to the
limit for the building or structure.
·
Fixtures are
covered. This includes outdoor fixtures. Examples include permanent fountains,
street lighting, underground lawn sprinkler and irrigation systems, and similar
property.
NOTE: Property in the open is not
covered for loss or damage caused by rain, snow, ice, or sleet.
·
Machinery
and equipment are classified as building property when they are permanently
installed as part of a building or structure. This includes examples such as
non-portable heating and air-conditioning units, machinery requiring a
specialized base, and equipment that cannot be removed without considerable
modifications to the building.
·
The personal
property provided by the named insured as a landlord in apartments, rooms, or
common areas is covered.
·
Property
owned and used by the named insured for maintaining or servicing a covered
building, structure, or premises is covered.
Examples include the following:
o
Fire-extinguishing
equipment, which includes extinguishers and other portable fire-extinguishing
devices
o
Floor
coverings
o
Outdoor
furniture, which includes lawn and garden tractors, snow removal equipment not
subject to motor vehicle registration, and water hoses.
o
Appliances
used for refrigeration, ventilation, cooking, laundry, and dishwashing.
·
The
following are covered if they are not covered by other insurance:
o
Building
additions under construction
o
Renovations or
repairs to existing buildings or structures
o
Materials,
equipment, supplies, and temporary structures used for construction,
renovation, or repair of existing buildings or structures (including additions)
are covered, but only if they are on or within 1,000 feet of the described premises.
NOTE: In the 08 24 edition, the
material's designated location on the scheduled premises has been broadened to
1,000 feet instead of 100 feet.
o In the 08 24 edition,
this section has been added to include antennas, such as dish-shaped antennas,
along with the lead-in wiring, masts, or towers
attached to buildings.
NOTE: Most new construction is written
using builders risk coverage forms or policies.
Related
Articles:
CP 00 20–Builders Risk Coverage Form Analysis
AAIS Builders’ Risk Coverage Forms
ISO Builders Risk Coverage Form
NOTE: Building can encompass various property types,
offering flexibility to cover exposures that might otherwise be missed.
However, the insured must be aware of how this affects insurance-to-value
requirements. The building limit should include the replacement cost of all
property types to accurately determine the premium. If, at the time of a
covered loss, the limit is at least 80% of the full replacement cost,
replacement cost coverage is available up to that limit. If it is less, the
loss is adjusted with an underinsurance penalty that could result in adjusting
the loss on an actual cash value basis.
b.
Business Personal Property
Covered business personal property can be
located inside or on buildings at the described premises.
|
Example: Willie’s Eatateria is
covered by an ISO BOP Policy. His food stock qualifies as Business Personal
Property under the policy. |
It is also covered when it is within 1,000 feet of the buildings or structures, or within 1,000 feet of the premises described on the declarations, whichever distance is
greater, while in the open, or in or on a vehicle.
NOTE: The 08 24 edition broadens
coverage for loss from 100 feet to 1,000 feet of the described
premises.
Business personal property
includes:
·
Personal
property owned and used in the insured's business includes stock, furniture,
and other equipment. Stock may also consist of animals owned by the insured
that are held for sale, but only while inside
buildings. There is no coverage for personal property not used in the business.
|
Example: A fire damages Robert's Restaurant, destroying the
kitchen, adjacent pantry, and storage area. It also damages a custom-built
racing bicycle valued at $11,500. Robert (the owner) uses the bike for
commuting and stores it in the storage area when not riding. The bicycle is
not considered covered business personal property. |
·
Personal
property of others in the named insured's care, custody, and control. Examples include
a dry cleaner's bailment exposure or appliances belonging to others in the
named insured's possession for repairs. Except as covered under Section E.
Property Loss Conditions – 5. Loss Payment, d.(3)(b)
Related
Article: Property of Others
·
When the
named insured is a tenant, coverage extends to improvements made to the
buildings or structures they occupy but do not own. This coverage applies only
if the improvements were made or purchased at the tenant's expense and are not
legally removable when the tenant vacates. Improvements are limited to
fixtures, alterations, installations, or additions.
NOTE: Improvements
do not include personal property a tenant-insured takes when vacating, such as
movable refrigeration units or non-fixed shelving. Improvements can be made to
the occupied structure, garages, or outbuildings. Common examples include false
ceilings, interior walls, lighting fixtures, upgraded electrical wiring,
telephone switching systems, cooking appliances, HVAC systems, carpeting,
built-in shelving, and major renovations like a new roof by a long-term tenant.
Coverage does not apply to improvements paid for by the landlord, and removable
improvements are covered under other business personal property provisions.
Improvements are valued at replacement cost if actually
replaced; otherwise, the loss is determined based on a formula that
considers the insured's interest in the property, pro-rated according to the
time since installation relative to the lease or any renewal option period.
Related Article:
Improvements and Betterments
·
Coverage
applies to leased personal property the named insured must insure under the
terms of a contract, unless other provisions apply. Common examples include
computers, photocopiers, printing equipment, machine tools, and diagnostic
equipment. However, leased mobile equipment or autos are not covered as
business personal property. Lease is not defined, and the length of a lease can
vary considerably.
·
Exterior
glass is covered as business personal property if building coverage is not
provided. The named insured must either own the glass or be in their care,
custody, or control.
·
Stock
is added with the 08 24 edition.
Coverage
does not apply to the following property:
a.
Aircraft,
automobiles, motor trucks, and other vehicles regulated by motor vehicle
registration laws.
b.
Money
and securities, unless G. Optional Coverages – 2. Money and Securities or 3.
Employee Dishonesty cover them.
c.
Contraband
and any other illegal property, including legal property in the process of
illegal transportation or trade.
d.
Land,
water, growing crops, and lawns. This also includes land where the property is
located. However, coverage applies to lawns on vegetated roofs.
NOTE: Coverage applies to feed and grain stock stored
inside the building. However, stock kept outside is not covered for physical
loss or damage caused by sleet, hail, rain, or snow.
e.
Outdoor fences, dish-shaped antennas including their
lead-in wiring, masts, or towers not attached to buildings, and signs not
attached to buildings, and trees, shrubs, or plants.
NOTE: The 08 24 edition removes
references to radio, television, and satellite dishes and clarifies that
lead-in wiring, masts, or towers not attached to buildings are excluded.
However, coverage
applies to trees, shrubs, and other plants on vegetated roofs, and if coverage
is provided under the Outdoor Property Coverage Extension or the Outdoor Signs
Option Coverage.
f.
Watercraft,
along with its motors, equipment, and accessories, while it is afloat.
NOTE: Coverage for watercraft exposures
and operations should be purchased from companies that write policies
specifically for boat dealers and boat yards.
g.
Accounts,
bills, food stamps, other evidences of debt, accounts
receivable, or valuable papers and records are excluded. However, 6. Coverage
Extensions e. Valuable Papers and Records and f. Accounts Receivable provide
some coverage.
h.
Permanently
installed computers in aircraft, watercraft, motor trucks, or other vehicles
regulated by motor vehicle registration laws. This exclusion applies even if
the computers are not yet installed but are intended for installation. However,
computers held as stock are covered.
i.
Electronic
Data. However, this exclusion does not apply to the named insured’s stock of
prepackaged software. Electronic data that is an integral part of the building
heating, ventilating, air conditioning, elevator, lighting, or security systems
are exceptions to this exclusion and are covered.
NOTE: 5.
Additional Coverages p. Electronic Data provides some coverage.
j.
Animals.
However, there are two exceptions: animals owned by others
the named insured boards are covered, and animals the named insured owns as stock are covered but only while inside the
building.
NOTE: Coverage on the animal exception
s is very limited. Refer to 4. Limitations b. (1).
Coverage applies to direct
physical loss. Although this general statement of coverage is modified, there
is a related clause indicating that the loss could be excluded or limited
elsewhere under Section I–Property.
This comprehensive strategy of offering
coverage for all items except those specifically excluded or limited means the
insurance company must clearly specify which items within the Property Section
exclude or limit coverage when a claim is denied or restricted. Coverage exists
unless the insurer can demonstrate otherwise. Direct physical loss refers
solely to the actual physical damage and does not encompass loss of use or the
perceived reduction in market value of goods following a covered cause of loss.
|
Example:
The owner of Traktor
Patch Lawn Supplies recently acquired the season’s inventory of lawn
tractors. The brand of tractor received negative feedback from a consumer
watchdog group due to fire risks. A fire erupted when a salesman attempted to
start one, causing damage to the shop. This incident became a local news story and
highlighted the brand's quality concerns. Following the event, Traktor couldn't sell any tractors, despite offering
significant discounts. The costs associated with the tractor fire were
covered, but the resulting loss of income and the perceived reduction in
value of the remaining tractors were not. |
a.
The
insurance company does not pay for loss of or damage to:
·
Any internal
conditions or events affecting steam boilers, pipes, engines, or turbine
equipment. However, damage caused by or resulting from explosions caused by
gases or fuel inside the boiler furnace, flues, passages, chimneys, or exhaust
pipes where combustible gases flow is covered.
NOTE: Excluded events include
breakdowns caused by seizing, explosions from centrifugal force, overheating
due to fluid leaks, electrical short circuits, improper installation,
maintenance, or calibration leading to breakdowns or electrical shorts. BP 00
03 provides limited coverage for these events under G. Optional Coverages 4.
Equipment Breakdown Protection Coverage. Separate coverage for equipment
breakdowns is also available.
Related Article: ISO Equipment Breakdown
Protection Coverage Form Analysis
|
Examples: The following would be covered events:
|
·
Hot water
boilers or similar water heating systems when the loss or damage is caused by
internal issues within the boilers or equipment. However, when loss or damage
is caused by an explosion, the resulting damage from the explosion is covered.
NOTE: Equipment Breakdown coverage can
be found under G. Optional Coverages – 4. Equipment Breakdown Protection
Coverage. There is also a separate Equipment Breakdown Protection Coverage
option available.
Related Article: ISO Equipment Breakdown
Protection Coverage Form Analysis
·
Inventory
shortage or missing property where there is no physical evidence to explain
what happened to the item, apart from an inventory audit. This limitation does
not apply to G. Optional Coverage – 2. Money and Securities.
|
Example: A company’s quarterly
inventory shows 100 missing computer monitors. Verification of sales and
deliveries confirms the accuracy of this figure. There is no sign of a
break-in, theft, or forged sales documents. Despite thorough interviews, no
employee admits to or is linked to the loss, even after a series of extensive
interviews. This loss is excluded because there is no tangible or physical
evidence to substantiate it. |
·
Property
transferred to an individual or location outside the premises described without
proper authorization.
|
Example: Felix has a purchase order for 250 cartons of
cigarettes destined for Miller General Store. Although the signature is
missing, Felix proceeds with the order amid a busy day without verifying it.
The delivery is completed, signed for, and the invoice is sent back to
purchasing. When payment is requested, Miller denies placing any order.
Checking the signatures reveals that the signature on the receipt does not
match anyone at Miller, so they refuse to pay the invoice. Consequently,
Felix’s insurance company denies the claim. |
·
Coverage
does not include damage to a building's interior or personal property caused by
rain, snow, sleet, ice, sand, or dust. However, there are exceptions when
either of the following apply:
o The building or structure's roof
or walls are initially compromised by a covered cause of loss, permitting
elements like rain, snow, sleet, ice, sand, or dust to penetrate the
interior.
o The snow, sleet, or ice on the
building or structure melts and then leads to a loss.
NOTE: Leaving doors and windows open may
result in exclusion of coverage for any resulting loss.
|
Example:
Millie and
May, tenants of Pricey Woods Apartments, chose to move out. They removed all
their furniture and cleaned the apartment thoroughly. To get rid of heavy
fumes from cleaning products, they opened all the windows. Afterward, they
handed their keys to the building manager and left. A week passed before the maintenance team arrived
to ready the apartment for a new tenant. During that time, heavy rain soaked
the carpeting, leading to mildew growth and damage to the wallboard and
windowsills. The expensive damage was not covered since the rain entered
through open windows and the building’s exterior remained intact. |
|
Example: One evening, Sam is lying in bed when a drop of
water lands on his head. It gradually turns into a trickle and then a stream.
He finds out the water is coming from the ceiling. His landlord examines the
damage and notices that, although the ice pack on the roof remains thick, the
building's heat has melted a small section of it. As a result, the water has
nowhere to go and seeps through the ceiling. Since this problem results from
snow and ice melting, coverage may apply for the ceiling
damage. |
·
Lawns,
trees, shrubs, and plants part of vegetated roof due to the following:
o
Moisture
levels, either damp or dry, in the atmosphere or in the soil that sustains the
vegetation.
o
Variations
in temperature or significant temperature fluctuations.
o
Disease
o
Hail, frost,
rain, snow, ice, or sleet
b.
The
following property is not covered unless the loss or damage is due to a “specified
cause of loss” or if building glass breaks.
·
Animals. A further restriction is that coverage is available only if the
animal is either killed or destroyed.
·
Breakage of
fragile property like glassware, statuary, marble, chinaware, and porcelain.
o
However, the
following are not subject to this limitation:
§ glass that is part of the
exterior or interior of a building or structure
§ glass containers of property held
for sale
§
lenses of photographic
or scientific instruments.
|
Example: A shelf in Sam's Sundries collapses under the
weight of business personal property, causing several items to fall. Ceramic
figurines valued at $700 and glass soft drink
bottles worth $1,000 are broken. The coverage excludes the ceramic figurines
because collapse isn't a specified cause of loss. However, the glass soft drink bottles are covered because collapse is a
covered cause, and no special sub-limit applies to glass containers of
property held for sale, aside from limits for other personal property. |
·
Theft coverage for the following types of property is subject to the
default limits as listed. However, these limits can be increased:
o Furs,
fur garments, and garments trimmed with fur are limited to $2,500.
o
Jewelry, watches, watch movements, jewels, pearls, and other precious or
semi-precious stones, bullion, gold, silver, platinum, and other precious
alloys or metals are limited to $2,500. However, jewelry and watches valued at
$100 or less each are exempt from this limitation.
|
Example:
McCarty’s Department Store experienced
a smash-and-grab theft. The thief broke a glass display case, stole several
watches, and fled. The owners then reviewed their inventory records and
documented the following losses: ·
Five watches
valued at $500 or more were taken, resulting in a total loss of $4,500. ·
Ten watches, each
valued at $75, were missing, totaling $750. ·
Twelve watches,
valued at $50 each, were also missing ($600). Their insurance company reimbursed them $3,850 for
a total loss of $5,850. The coverage included a $2,500 limit for the more
valuable watches, along with full reimbursement of $1,350 for the remaining
stolen watches, each valued at less than $100. |
Related Article: ISO Jewelers Block
Coverage Form
o Patterns,
dies, molds, and forms are limited to $2,500.
a.
Debris
Removal
Following a
loss involving physical loss or damage, debris must be cleared, and coverage
for those removal costs is essential. Over time, this straightforward idea has
become controversial within commercial property policies as insureds seek
alternative pollution coverage sources. Debris removal coverage was never meant
as environmental cleanup insurance. Nonetheless, the wording has been
interpreted to include such losses due to its simplicity. Attempts to clarify
this misconception have made this additional coverage more complex.
This coverage
is explained as follows:
(1) Subject to paragraphs (2), (3) and (4)
below, actual expenses to remove debris are paid if all of
the following apply:
·
The debris
to be removed is covered property and any other debris is on the premises
described.
·
The debris resulted
from a covered cause of loss.
·
The loss
occurs during the policy period.
·
The expenses
are reported within 180 days of the direct physical
loss.
|
Example: A tornado damages Sara’s
Shoppe, and the debris removal costs $5,000. Since Sara is responsible for
the cleanup, this debris removal is covered because tornadoes are covered
causes of loss, and the damage happened during the
policy period. However, Sara must report the expense within 180 days of the
loss date for the coverage to apply. |
(2) This
paragraph is needed since paragraph (1) is broadened to include debris of
non-owned property. This paragraph establishes the boundaries for the broadened
coverage.
Costs for removing the following items are not covered.
·
Debris belonging to the named insured, either not insured or considered
property not covered
·
Landlord’s property when the named insured is a
tenant. However, it is still covered if the named insured is contractually
obligated to insure the property.
·
Any property described in A.2. Property Not Covered. This also applies to
property that has limited coverage under 6. Coverage Extensions – e. Outdoor
Property.
NOTE: This
means that trees, shrubs, plants, fences, debris, etc., are not covered.
·
Any property owned by others that is not included as Covered Property
under this coverage form.
·
Mud or dirt deposited on the grounds and outside of
buildings during a covered loss.
NOTE: In the 08 24 edition, the phrase 'outside of buildings' was added to this
exclusion.
·
Any
pollutants from land or water
·
Polluted
land or waters. The expenses for restoring or replacing the polluted land or
waters is also excluded.
|
Example: A tornado spilled paint and toxic chemicals into a
pond on Sara’s property. Since this loss is ineligible, there is no coverage
for cleaning the pond. |
(3)
This paragraph explains the coverage provided under the basic limits.
They are subject to the exceptions outlined in Paragraph (4) and apply as
follows:
(a)
The insurance company will not pay more than the applicable Limit of
Insurance for the total costs of either the direct physical loss or the damage
and debris removal costs for the Covered Property that is damaged.
(b) Subject to (3)(a) above, the
total amount paid for debris removal is the lesser of the following:
·
The sum of
the amount paid for the direct physical loss (plus any applicable deductible
amount) multiplied by a factor of .25. The formula is:
(Paid Loss
Amount + Deductible Amount) x .25 = Debris Removal Coverage Amount
·
The actual
debris removal expense
|
Example: Sara has a $50,000 limit, and the direct physical
loss amounts to $50,000. Because the total paid for debris removal and direct
loss is not greater than the limit of insurance, no additional debris removal
protection applies. |
If there is no direct physical damage to covered property, the most paid
to remove the other property debris is $5,000 per location, subject to other
items in this additional coverage.
(4) This paragraph provides an
additional amount of insurance to remove debris if limitation (a) or (b)
in paragraph (3) above applies. The additional amount of coverage is $25,000,
subject to the following:
(a) The combined cost of debris
removal and the insurance payout for physical loss or damage exceeds the Limit
of Insurance for the Covered Property affected by the loss or damage.
|
Example: Sara has coverage for $50,000 and up to $25,000 for
debris removal. This means Sara has up to $25,000 available for debris
removal. |
(b) The
total payment for debris removal is the lesser of the following:
·
The total of
the amount paid for the direct physical loss plus any applicable deductible
amount multiplied by a factor of .25 PLUS $25,000.
The formula is [(Paid loss amount + deductible amount) x .25] + $25,000 =
Debris Removal
Coverage Amount.
·
The actual
debris removal expense
|
Example: Because Sara’s debris removal expense recovery is
limited by the actual debris removal expense, she receives only the $5,000 of incurred debris removal expense. |
The final note regarding this
coverage is that the maximum insurance for direct physical loss and debris
removal cannot exceed the coverage limit plus an additional $25,000.
BP 00 03
provides two examples that clarify the coverage in detail, with particular
emphasis on the deductible and the occurrence basis.
Related
Article:
Debris Removal Concerns
Related
Court Case:
Debris Removal Obligation Was Paid
b.
Preservation of Property
Covered property threatened by a
covered cause of loss may be removed from the covered location to any other
location for up to 30 days.
If it
becomes necessary to relocate covered property to prevent damage from a covered
cause of loss, the insurance company will cover any direct loss or damage that
occurs during the move. Additionally, coverage will extend for up to 30 days
while the property is stored at the new location.
There are
several important points to consider:
·
The only
property insured is covered property at a location listed on the declarations.
Property eligible for coverage moved from a location not covered does not
create coverage.
·
The
potential loss or damage to the covered property must be from a covered cause
of loss.
·
The property
is insured against any cause of loss during its transportation to and from the
safe location, as well as while it is stored at the safe location.
NOTE: The
property that was removed must be returned to the covered location, or the
temporary location must be added to the policy within 30 days from the date of
the move. If not, all coverage will end after 30 days.
|
Example: A hurricane is approaching Ronnie's Retail Outlet.
Ronnie prepares by loading trucks with merchandise and transferring them to a
warehouse away from the storm’s route. During foggy conditions, a truck
crashes and rolls over, damaging $100,000 in goods. The loss is covered by
the policy. |
|
Example: Ronnie's Retail Outlet suffers roof damage from a
fire. To prevent damage from rain and weather, desks and furnishings are
moved to a storage warehouse. Ten days later, an earthquake causes the warehouse to collapse, resulting in $30,000
worth of damage to the desks and furnishings. This loss is covered. |
|
Example: A tornado damages all commercial buildings in town,
including potential storage facilities. Ronnie relocates his salvageable
items to a self-storage facility 50 miles away. A fire occurs there 45 days
later. The loss is not covered because the temporary removal coverage is
limited to 30 days after the covered property is moved. |
c.
Fire Department Service Charge
If a contract or agreement is in
place before a loss or local law requires it, and the fire department is called
to save or protect covered property from a covered loss, the policy will cover
fire department service charges up to $2,500. This limit may be increased. The
$2,500 is a premises limit that applies regardless of the number of responding
departments or services provided.
NOTE: Higher limits should be recommended if an insured could incur more than
$2,500 in charges. This could be due to the size of the building or type of
contents.
|
Examples:
According to a written contract between
Ronnie and the city, the fire department is required to respond to any calls
at his property. Each response costs $1,500. Ronnie calls the fire department
to extinguish a large warehouse fire. The fire is so extensive that two
additional fire departments are called to help. Since Ronnie's contract is
only with the local fire department, he is now responsible for paying the
other two fire departments $500 each, as mandated by the local ordinance. Ronnie's policy will pay the full $2,500 in charges. |
d.
Collapse
The doctrine of concurrent
causation states that an all-risk policy (special causes of loss) must cover a
loss if it results from two causes, one excluded and one covered. This
principle has led to coverage for events like earth movement, flood, and other
specifically excluded perils. To prevent issues with concurrent causation,
collapse is excluded as a covered cause of loss. However, coverage for collapse
damage is then added back but only when collapse occurs as defined by this
Additional Coverage.
Related Article: Concurrent Causation and
Anti-concurrent Causation Clauses–A Discussion
This
Additional Coverage applies only to abrupt collapse as described and limited in
Paragraphs d. (1) through d. (7).
(1) An abrupt collapse refers to any
sudden and unexpected falling down or caving in of a
building or any part of a building. The collapse must render the building
unusable for its intended purpose.
|
Example: Major decides to retire and sell his store after 55
years of ownership. A realtor appraises the business's value, but during
inspection, the appraiser notices that the building is at risk of imminent
collapse. He warns Major about the dangerous condition, but when Major
contacts his insurance company, they deny coverage since the building hasn't
officially collapsed. |
(2) The insurance company covers the
cost of direct physical loss or damage to covered property caused by abrupt
collapse of a covered building or any part of it, caused by one or more of the
following:
(a) Hidden building decay an insured was unaware of prior to the collapse
(b) Hidden vermin or insect damage an
insured was aware of prior to the collapse
(c) Use of
defective material or methods during renovation, remodeling, or construction
activities, if the abrupt collapse occurs during such activities
(d) Use of defective material or
methods during renovation, remodeling, or construction activities, if an abrupt
collapse occurs after these activities are complete but only if the collapse is
caused by:
·
Items (2)(a) or (2)(b) above
·
Specified causes of loss
·
Building glass breakage
·
The weight of people, personal belongings, or accumulated rainwater on a
roof.
(3) This
Additional Coverage does not apply to any of the following:
(a) When a building or any part of it
is at risk of collapsing or falling down but has not
yet actually done so.
(b) To the
part of a building that remains standing, even if it has become detached from
another part of the building
(c) To a standing building or part of
it that can be demonstrated to be leaning, settling, shrinking, expanding,
bulging, cracking, sagging, or bending.
(4) Awnings, gutters, downspouts,
yard fixtures, outdoor swimming pools, piers, wharves, docks, retaining walls,
walks, roadways, paved surfaces, and beach or diving platforms or appurtenances
are covered for collapse only if the abrupt loss is due to a cause listed in
(2)(b) through (2)(d) above. However, this coverage is provided only if the
damage to the listed property is directly caused by a covered building abruptly
collapsing.
|
Example: An awning collapses. Scenario
1: Rain from a torrential rainstorm caused the
collapse. There is no coverage. Scenario 2: Rain from a torrential rainstorm causes a roof to
collapse. The falling roof causes an awning to buckle and collapse. This loss
is covered. |
(5) The
insurance company pays for loss or damage to covered property if personal
property abruptly caves in or falls down and that
collapse is not the result of an abrupt collapse of a covered
building, but only if all of the following apply:
(a) The
collapse of personal property was due to a cause of loss in (2)(a) through
(2)(d) above
(b) The
personal property that collapsed was inside a building
(c) The collapsed property was not
among those listed in (4) above, whether classified as real or personal
property
This coverage does
not apply to personal property if the only damage from the collapse is marring
and/or scratching.
|
Example: While Major considers the
coverage denial in the example above, his cat unexpectedly jumps off a shelf,
causing the shelf to collapse and destroying it along with everything on it.
This claim is covered after any deductibles are applied because the wall decay
caused the shelf to separate from the wall. |
(6) There is no coverage if the
personal property did not suddenly cave in or fall down
even if it appeared to be leaning, settling, shrinking, expanding, bulging,
cracking, sagging, or bending.
(7) The coverage provided by this
Additional Coverage is part of the limit of insurance, not in addition to it.
(8) Covered Cause of Loss includes
this Additional Coverage as described and limited within all preceding
provisions.
e.
Water Damage, Other Liquids,
Powder, or Molten Material Damage
When a covered loss occurs
involving water, liquid, powder, or molten material, coverage also applies to
undamaged property that must be torn out to stop the flow of the substance
causing the damage. However, it does not cover the expenses to repair the defect
responsible for the loss or damage.
This coverage generally excludes repairs, but
there is an exception. Costs for repairing or replacing defective fire
extinguishing system parts are covered, provided that the property damage was
directly caused by freezing or resulted from the discharge of substances in the
automatic fire protection system.
|
Example:
A water leak
occurs on the second floor, seeping through the ceiling to the first floor
and causing significant damage. The claim covers all damages, but the intact
plaster on the second floor needs to be removed to locate, stop, and fix the
leak. Finding the leak is challenging, requiring removal of much plaster to
access the leaky pipe. Coverage includes property damage from the water, as
well as the destruction and repair of the walls. Scenario 1: The leak originates from a galvanized metal pipe
that is 50 years old and needs to be removed and replaced. The cost of
repairing and replacing the pipe is not covered. Scenario 2: The leak originates from the water pipe supplying
the automatic extinguishing system. The repair cost is covered. |
f.
Business Income
(1) Business
Income
(a) A business income loss occurs if
the named insured's operations at a covered location are interrupted due to a
covered cause of loss that causes direct physical damage or loss to covered property. The insurance company covers the actual
business income loss during the suspension period.
Payments are limited to the
restoration period.
Regarding personal property in
the open or in or on a vehicle, premises also includes
the area within 1,000 feet of such premises. If
the named insured only occupies a portion of the site housing the described
premises, then premises refers to:
·
That portion
of the building occupied, rented, or leased by the named insured
·
With respect to loss or damage to personal property in the open or in or
on a vehicle, the area within either 1,000 feet of the
building or 1,000 feet of the
premises, whichever distance is greater.
NOTE: The 08 24 edition expands the area from 100 feet to 1,000
feet.
·
Any portion
of the building or the described premises utilized to access or provide
services to the insured's area that is rented, leased, or occupied by the named
insured.
|
Examples:
Scenario 1: Ohio Valley Dental is located on the floor above
Van’s Drugstore. A door inside the drugstore leads to a staircase that goes
up to Ohio Valley's office. Although a fire at Van’s damages the building,
Ohio Valley Dental is unaffected; however, access is blocked due to damage to
Van's and the staircase. The loss of income for Ohio Valley is covered
because the staircase is regarded as part of its premises. Scenario 2: Grumley’s Restaurant is located on the first floor
of a five-story building. A fire starts in the basement and destroys the
electrical controls. Grumley’s must suspend operations because it has no
electricity even though it has not sustained any direct damage. Its loss of
income is covered. |
(b) The insurance company covers only
the loss of business income incurred during the restoration period, up to a
maximum of 12 consecutive months after the date of the covered loss or damage. However,
ordinary payroll expenses are limited to 60 days after the loss date, but the
number of days can be increased.
NOTE: The restoration period starts 72
hours after the physical loss or damage to the business property. This method
defines a deductible based on time, not a specified dollar amount.
|
Example: A fire starts at Jones Hardware at 8:00 a.m., right
after the first shift arrives. Work concludes at 8:15 a.m., but the fire
continues burning for over eight hours, finally ending at 4:45 p.m. Under the
suspension of operations provision, even though the fire causes ongoing
damage, the interruption is considered to have started at 8:00 a.m., when the
fire began, not at 4:45 p.m., when it was extinguished. |
|
Example:
The same interpretation of when a loss
starts can also apply to causes of loss that develop over time, like floods,
hurricanes, and earthquakes. In this context, the BP 10 03–Earthquake
endorsement is included. If an earthquake occurs on Tuesday at 8:00 a.m. but
does not damage or disrupt the insured's business, there is no income loss,
and the 72-hour waiting period does not apply. If, however, a tremor on
Thursday at 8:00 a.m. causes the insured building to collapse, the business
income loss waiting period begins at 8:00 a.m. on Thursday, not Tuesday at
8:00 a.m. This is because there was no physical damage from the earthquake on
Tuesday. The operational interruption is linked to the physical damage on
Thursday, not the initial earthquake itself. |
NOTE: The business income deductible
under this 72-hour waiting period arrangement may have a greater financial
impact on the average business than other property deductibles.
|
Example:
A business without seasonal
fluctuations requires $500,000 in annual business income coverage. This
equates to an average of $1,370 daily, with a total business income
deductible of $4,110 over the 72-hour waiting period. If a hardware store requiring the same coverage
earns 60% of its annual income in the spring and incurs a loss during that
period, its waiting period deductible is nearly $10,000. This is calculated
as $500,000 x .60 ÷ 90 days = $3,333 per day. |
NOTE: A
business experiencing peak seasons with short-term events like spring break,
local fairs, auto races, or the Triple Crown horse race could see significant
revenue loss during the 72-hour waiting period. The Businessowners Coverage
Form does not include a standard endorsement to
shorten this waiting period.
(c) Business Income
Business Income is defined as the
net income that would have been earned or incurred if no physical loss or
damage had happened. It does not include net income that might have been earned
from increased business volume due to favorable business conditions influenced
by the impact of the covered cause of loss on its customers or other
businesses. Additionally, it covers ongoing normal operating expenses and
payroll costs.
Net income is the net
profit or loss before income taxes.
|
Example:
Lumberyard A was directly in the path
of an oncoming tornado, while Lumberyard B was situated far from it.
Following the tornado, Lumberyard B capitalized on the opportunity by raising
prices and enjoying an exceptionally profitable season. Meanwhile, Lumberyard
A remained closed during the sales season, missing the chance to supply
materials for repairs needed by customers affected by the tornado damage. Business income losses are adjusted based on future
expectations. What would Lumberyard A's earnings have been if it had been operational during the restoration period?
Assume there was no tornado; instead, Lumberyard A simply burned down. The adjuster reviews its earnings history,
considers the local and national economic conditions during the restoration
period, and examines the company’s past peaks and valleys in the same
timeframe. This assessment leads to an estimated income loss
amount that the insurance company covers. When examining the local economy, the adjuster
overlooks the supply and demand-driven pricing used by Lumberyard B to
achieve its significant profits. |
Business income coverage is
intended to restore a business to its pre-loss condition. With this approach,
it overlooks the unusual economic twists that can occur during disasters.
(d) Ordinary payroll expense
This covers the payroll for all
employees except officers, executives, department managers, contract workers,
and any other exemptions specified on the
declarations, such as particular job classifications
or specific employees. It also includes employee benefits directly associated
with payroll, FICA contributions and union dues paid by the named insured, and
workers' compensation premiums.
NOTE: Remember, ordinary payroll
expenses are limited to only 60 days unless a different number is shown on the
declarations.
Benefits
provided to employees not directly linked to payroll are classified as regular
expenses and are not restricted to a 60-day period. These benefits are
recognized as typical expenses unrelated to regular payroll costs. Therefore,
the company can continue paying health insurance premiums for employees on the
regular payroll beyond the 60-day benefit window. This is particularly relevant
for companies with a large payroll, where layoffs of regular employees might
otherwise lead to the cancellation or alteration of health insurance plans.
(2) Extended Business Income
(a) This coverage begins when the
period of restoration ends.
It covers business income loss
starting from the date the property is actually repaired,
rebuilt, or replaced and operations resume
NOTE: Property does not include
finished stock.
·
Coverage
terminates at the earlier of the following:
o
The date at
which operations reach or should reach the level necessary to generate the
business income that would have been produced if no loss had occurred. The
named insured must make reasonable efforts to restore their pre-loss level to
qualify for this coverage.
o
60 days
after the end of the period of restoration, even if pre-loss levels haven't
been restored. The named insured has the option to purchase additional days.
|
Example: Smith Hardware, situated downtown, suffers a severe
fire and relocates to a substitute site, reopening after two months. During
this suspension, loyal customers shift their patronage to the larger box
store on the outskirts of town. When Smith reopens, it faces reduced customer
traffic and sales are below previous levels. The insurance company covers the
business income gap, paying the difference between the typical covered income and the actual earnings during this period.
|
Extended Business Income does not apply to
loss of income resulting from adverse business conditions caused by the covered
cause of loss in the area where the covered premises is
located.
|
Example: Francine's Flowers is the sole
florist in an Arizona town severely affected by monsoon rains. Less than two
months after the disaster, Francine has resumed operations but sells only 50%
of her previous flower volume. How much of this decline is directly caused by
the rains? What economic factors should an adjuster evaluate when determining
the demand for flowers? The Businessowners Coverage Form
states that if a common event causes economic loss locally, it doesn't carry
special weight in adjusting the loss. This wording acknowledges that the
affected business would have experienced the same economic loss regardless of
the loss. Focus again on our florist.
However, eliminate the rain. Instead, the flower shop burns down. Meanwhile,
hundreds of miles away, a hurricane destroys the season's flower crop,
causing flower prices to soar. As a result, people in the community stop
buying from the shop. |
(b) Direct physical loss or damage by
a covered cause of loss at the covered premises must cause the loss of business
income.
(3) Under Business
Income Additional Coverage, the term suspension does not require that
all operations cease. Suspension can be either a
partial slowdown or a complete shutdown. Suspension also happens if all or part
of a described premises becomes unoccupiable by a
tenant.
(4) This Additional Coverage is not
subject to Section I–Property Limits of Insurance.
NOTE: The business income coverage is
not capped by a dollar amount, as it is based on actual loss sustained. This is
sometimes called unlimited or no-limit coverage, but these terms are incorrect.
While there is no fixed dollar limit, coverage is restricted to what the
business would have earned during the restoration period if the covered cause
of loss had not occurred. Using terms like “unlimited” or “no-limit” can
mislead the insured into thinking they have access to a virtually unlimited
fund, similar to the problematic use of the term “all
risk.”
g.
Extra Expense
Often,
a loss merely halts operations temporarily. Nevertheless, even a brief shutdown
can cause substantial costs. Extra expenses are those incurred during the
period of restoration as a result of a covered cause
of loss that directly damages property at the described
premises.
Extra
Expense includes personal property located on the described premises or within 1,000
feet of that premises and either in the open or in or on a vehicle. It can
involve costs incurred to avoid or minimize the suspension of business at
either the described premises or at a replacement or
temporary premises. These extra expenses include relocation costs to equip and
operate the replacement or temporary location. Such costs are covered even if
operations are not suspended.
NOTE:
In the 08 24 edition, within 100 feet of the described premises has been expanded to 1,000 feet.
(1)
The insurance company covers necessary additional expenses the named
insured incurs during the restoration period that would not have arisen without
a covered loss. The loss must involve a covered direct physical loss or damage
to covered property at the described location. Additionally, a covered loss
includes direct damage to personal property within 1,000 feet of the
described premises, whether in the open or in or on a
vehicle. All these locations are regarded as part of the described
premises.
If the named insured occupies
only part of the building, premises means:
·
That portion
of the building occupied, rented, or leased by the named insured
·
With respect to loss or damage to personal property in the open or in or
on a vehicle, the area within either 1,000 feet of the
building or 1,000 feet of the premises, whichever is greater.
·
Any area
within the building or at the described premises used
to access the insured's portion or to provide services to that
premises
|
Example: B&G Auto Parts
is destroyed by fire on a Sunday. By 9:00 a.m. on
Monday, its parts supplier has arranged two semi-trailers filled with stock
to be parked at B&G, ensuring no sales are lost. The cost of this
expedited delivery is $10,000, plus an additional $100 per day for renting
and powering the trailers. B&G’s Insurance will cover the costs of
expedited delivery and daily renting fees to keep the business operating. |
(2) Extra Expense is defined as any
of the following:
(a) additional expenses to minimize
the closure and allow the business
operations to continue at the described premises, at a
temporary location, or at a permanent replacement location. If a new or
temporary location is secured, the costs of moving the business and equipping
the new or temporary location are also extra expenses.
(b) Reduce the duration of operation
suspension.
(c) Repair or replace property. This
also includes the cost of researching and duplicating damaged valuable papers
or records. This item pays only the amount of expense incurred that actually reduces business income or extra expense loss
covered under f. Business Income.
|
Examples:
Scenario 1: Patterson's Printing is destroyed by fire, halting
operations since presses are essential. Although Patterson orders new
presses, delivery takes six months. They require high-quality equipment and
cannot use used presses that haven’t been overhauled, and no supplier can
supply such used presses in less than six months. However, they can receive
the presses in three months if they pay a $10,000 premium to expedite the
order and $15,000 for airfreight. The insurance company agrees because each
month of shutdown costs them $50,000. Cutting the suspension by three months
saves them $150,000, minus the $25,000 for expedited
shipping. Patterson gets paid for the first three months of closure and
reopens three months earlier, helping to maintain customer relationships. Scenario 2: Aardvark Abstracts and Title Search lost most of its records in a fire but quickly secured a new office
within two days. Since much of its work involves reviewing deed and property
records at the county office, operations continued smoothly. However, the
fire destroyed 20 years of title record copies derived from county records. A
computer tape containing customer records was stored off-site, while back
title pages had been photocopied. Reproducing title pages costs $1 per page
and demands extensive research hours. Due to the timing of the fire, coverage
was minimal, as the period for claiming extra expenses starts only when the
fire disrupts the business and ends when operations resume at the new
location. |
(3) Under this coverage, the term
suspension does not require that all operations cease.
Suspension can be either a partial slowing down or a complete shutdown.
Suspension also occurs when a tenant can no longer occupy all or any part of a described premises.
(4) Similar
to business income coverage, extra expenses must be incurred within the 12
consecutive months immediately following the date of direct physical loss or
damage. There is no set limit of insurance for extra expenses, but any covered
extra expense must be incurred during the period of restoration.
NOTE: The
Businessowners Coverage Form's language gives the insurance company some say in
how it interprets the restoration period.
|
Example:
W&W Dry
Cleaning sustains a lightning loss to its dry-cleaning machines. The business
is temporarily closed for a week. Alternative facilities are available, but
only for night-shift use, which the insured does not
currently operate. Coverage
applies as follows: ·
The loss of income
incurred during the period of suspension. ·
Rent is paid for
the alternate facilities. ·
Use of the
machines and extra wages are paid for the workers to work the night shift. o Both of these extra expenses are initially covered. W&W can replace its machines with
one of two identical models from two manufacturers. Model A can be installed
in six weeks, and Model B requires eight weeks. W&W decides to order
Model B. The insurance company determines the restoration
period to be the six weeks required to restore operations with the perfectly
functional Model A. As a result, the extra expenses W&W incurs during the
additional two weeks beyond the period of restoration by using Model B are
not covered. |
h.
Pollutant Cleanup and Removal
The insurance company covers the
named insured's costs to remove pollutants from land or water at the described premises if these pollutants are due to a covered
cause of loss occurring during the policy period. The company will pay only if
the named insured reports the loss within 180 days of the date the covered
cause of loss occurs.
Coverage does not apply to costs
to test for, monitor, or assess any aspect of pollutants. However, the company
pays for testing conducted in conjunction with the extraction of pollutants
from land or water.
This coverage is limited to
$10,000 per location. It covers the total of all such losses at that location
within each 12-month period, regardless of how many claims are made.
i.
Civil Authority
If a
covered cause of loss damages a premises other than
the named insured's and because of that loss a civil authority restricts access
to the insured premises, coverage applies for up to four consecutive weeks with
business income coverage starting 72 hours after the restriction begins.
Extra
expense is not subject to a waiting period and ends after four weeks or when
the business income coverage under civil authority ends, whichever is later.
This additional coverage is
subject to both of the following:
(1) The described
premises must be not more than one mile from the damaged property.
(2) The reason for the
restriction must be due to damage that results from a covered cause of loss or
due to the civil authorities need to access the damaged property. This often
involves a dangerous condition or allows authorities
to access the property without obstruction.
NOTE: The one-mile limit likely
originated from the 9/11/01 business income claims. While one mile may seem
vast in a crowded urban area, it is quite small in less populated suburban and
rural areas. This can significantly affect businesses in disaster zones where
authorities might restrict access to maintain order, even if many properties
remain undamaged. For instance, coastal communities after a hurricane or rural
areas following a tornado might experience such closures. Some businesses or
neighborhoods may avoid damage, yet authorities still restrict entry to control
the broader, severely affected area.
This coverage is
subject to the definitions in Business Income and Extra Expense. Similar to those coverages, it is not subject to a limit of
insurance.
|
Example:
A riot starts two blocks from the
insured's location on Tuesday at 9:00 p.m. The next morning at 8:00 a.m.,
civil authorities block all access to the area, including the streets leading
to the insured’s 24-hour convenience store. Looting persists, and the streets
stay closed until Saturday at 6:00 a.m. During this period, the insured is
unable to find appropriate inventory or a temporary location outside the riot
zone. The loss amount is calculated at $145.00 per hour.
Although the riot started at 9:00 p.m. Tuesday, civil authority intervention
did not commence until 8:00 a.m. Wednesday. The 72-hour waiting period begins
at that time and lasts until 8:00 a.m. Friday. The insured will receive payment only for the 22
hours of interrupted business from 8:00 a.m. on Friday to 6:00 a.m. on
Saturday. The loss amount paid is $3,190, but the
total incurred loss is $13,630. |
j.
Money Orders and Counterfeit
Money
The insurance
company pays for loss that is a direct result of the named insured accepting,
in good faith, money orders issued by any post office, express company, or bank
that are not paid when presented. It also covers such loss due to counterfeit
money being accepted in exchange for merchandise, money, or services. The most
paid in any one loss is $1,000.
|
Examples:
Scenario 1: The insured’s clerk accepts a counterfeit $50 bill
that the bank discovers and destroys. The loss is less than the $500 deductible but otherwise is a covered cause of
loss. Scenario 2: Able Check Cashing, Inc. cashes a counterfeit
United States Postal Service money order for $1,000. The insurance company
pays $500 after subtracting the $500 deductible. |
NOTE: The limit cannot be increased.
Most standard ISO commercial property insurance policies don’t cover additional
exposure from large amounts of counterfeit money, which primarily occurs during
significant transactions such as those at banks, check-cashing locations, and
casinos. These places typically train staff or use specialized equipment to
detect counterfeits.
k.
Forgery or Alteration
Coverage applies to loss due to
forgery or alteration of checks, bills of exchange, drafts, promissory notes,
or similar written payment promises issued by the
named insured, their agent, or someone who poses as them. In addition, if the
named insured is sued for refusing to honor these items due to suspicion of
forgery or alteration, the insurance company pays reasonable legal costs for
defense, provided the insured notifies the insurer and obtains written approval
before defending.
The term check includes
substitute checks that meet the definition in the Check Clearing for the 21st Century
Act. The most paid for any one loss is $2,500, unless higher limits are shown
on the Declarations.
NOTE: The legal expenses this coverage
provides are included in the limit. They are not in addition to the limit. Also,
coverage can be obtained using CR 00 21–Forgery or Alteration.
Related Article: Commercial Crime
Coverage Analysis
l.
Increased Cost of Construction
This coverage is especially
advantageous for insureds affected by the Americans with Disabilities Act (ADA)
and similar laws at local, state, or federal levels, but it also benefits any
insured because it addresses governmental building codes grandfathered in until
major renovations are necessary.
These regulations can significantly influence
the extent of a loss. Designed with good intentions to assist many people,
their costs are usually manageable when included in new construction. However,
applying updates to existing structures following a partial loss can lead to
considerable additional expenses during rebuilding, and these are not covered
by the unendorsed Businessowners Coverage Form.
|
Example: Mainville Church was proud its building was over
100 years old and still in good condition, thanks to regular maintenance and
repair. Unfortunately, a grease fire in the basement kitchen got out of hand
and destroyed over a third of the building. Mainville was determined to
rebuild but expected problems due to recent ordinances that required
compliance. |
(1) This Additional Coverage is only
valid if the building is insured on a replacement cost basis. If the
Declarations indicate "Yes" for the Actual Cash Value of Building
Option, then this Additional Coverage does not apply.
(2) This paragraph explains the
coverage. It responds to additional costs that must be incurred to bring the
building up to the existing minimum standards of the ordinances or codes.
Coverage is subject to modifications in paragraphs (3) through (9) of this
additional coverage. This coverage applies when all of
the following events occur:
·
A covered
cause of loss damages covered property.
·
The insured
incurs increased costs to repair, rebuild, or replace the damaged portions of
covered property.
·
The
increased costs result from complying with an ordinance or law.
|
Example: The Mainville loss was due to lightning and
windstorm. Over a third of the building was damaged, resulting in updated
ordinances no longer being grandfathered and adding compliance costs to
construction. The sanctuary was on the main floor and accessible via a
handicapped ramp, but Sunday school classes in the basement lacked such
access. Adding this access cost an additional $42,000 to the $210,000 direct
damage loss. |
(3) This paragraph states the law or
code in (2) above must meet two requirements before increased costs are
covered:
·
It must
regulate construction or repair of buildings or establish a zoning or land use
requirement at the described premises.
·
It must be
in force at the time of loss.
|
Example: The village of Mainville had considered an
additional ordinance at the time of the Mainville Church loss and enacted it just
before it issued the building permit to the church. The new ordinance changed
the grade of the handicapped ramp, resulting in the current Mainville ramp no
longer meeting code requirements. The insurance company did not cover this
additional cost because the ordinance became effective after the loss
occurred. |
(4) The insurance company does not
pay for costs due to an ordinance or law the insured should have complied with
before the loss occurred, but the insured failed to comply with.
|
Example: The village of Mainville
and Mainville Church had longstanding disagreements over the building's
gutters and rainwater drainage into the sewer system. While the church
refused to comply with regulations and the village was unwilling to close the
church over such a minor matter, the village now insists that the church
change the gutters before issuing a building permit. This extra expense is
not covered. |
(5) The
insurance company does not cover either of the following:
·
Costs to
enforce or comply with any law or regulation that mandates demolishing,
repairing, replacing, reconstructing, remodeling, or remediating any property
due to contamination by pollutants or the presence of fungi, wet rot, or dry
rot.
·
Costs
associated with enforcing or complying with an ordinance or law requiring any
insured or others to respond to in any way or assess the effects of pollutants,
fungi, wet rot, or dry rot.
(6) The most the
insurance company pays for one described and damaged building is
$10,000. This is an additional amount of insurance and does not affect any
other limits. If the limit of insurance is a blanket limit, the most paid for
each damaged building is $10,000.
(7) The insurance company will not
cover the increased construction costs until the property is repaired or
replaced. Repairs or replacement should be completed as soon as reasonably
possible, but no later than two years, unless the insurance company provides
written approval for an extension.
The insurance company will cover no more than
the cost to satisfy the increased construction costs at the existing premises,
even if rebuilding occurs elsewhere. The only exception is if local regulations
mandate relocating the building, in which case the increase due to the new
location is covered.
|
Example: The
Manville Church congregation was outgrowing its current space, so the
trustees decided to establish a building fund and construct a new building at
a different location rather than incur the costs of meeting local building
codes. The insurance company covers only the loss amount and the additional
construction costs for the damaged property. While the insured can relocate,
any additional expenses for the new location are not reimbursed because the
move was not required by local law. |
(8) This paragraph clarifies that the
Additional Coverage – Increased Cost of Construction is not affected by the
Ordinance or Law Exclusion. This is to prevent confusion with that exclusion.
(9) This paragraph explains that
costs covered under the Loss Payment Property Loss Condition in Section I –
Property do not include additional expenses from enforcing or complying with
ordinances or laws. However, the amount payable under this Additional Coverage
– Increased Cost of Construction, as specified in Paragraph (6) above, is not
limited by this restriction.
NOTE: This paragraph clarifies that no
other coverage is considered for losses related to increased construction
costs.
m. Business
Income from Dependent Properties
Businesses do not operate in a
vacuum. If a supplier or customer incurs a loss, the insured may also suffer a
loss of income until the supplier or customer either resumes operations or the
insured replaces it. This coverage responds to situations like this. The $5,000
limit can be increased. Coverage applies if the following events occur:
(1) The loss
the dependent property or
secondary dependent property sustains must be from a covered cause
of loss. This Additional Coverage does not apply if the only loss at the dependent property or secondary dependent
property is to electronic
data. When both electronic data and other covered property at the dependent
property or secondary dependent property is damaged, this coverage ends when the other property damage is
restored, even though the electronic data has not been.
|
Example: Myrtle’s fabric shop receives most of its fabric
from Berline Textiles. Berline sustains flood damage, ending Myrtle's fabric
supply. Myrtle’s policy does not cover flood, but
she submits a claim because of her loss due to the flood loss at Berline. The
claim is denied because Myrtle's policy does not cover flood.
|
(2) The named insured must resume
some or all operations by using other sources or outlets if it
can do so.
(3) If operations are not resumed as
quickly as possible, any loss payment is adjusted to the amount that reflects
what it would have been if operations had resumed.
|
Example: Let's change the example
above. Berline’s has a fire instead of a flood. In this case,
coverage is available. Because Myrtle anticipates a downtime of three weeks,
she plans a vacation. She then learns that Berline’s can resume shipments
after just one week, but her plans are set. Myrtle is paid for only one week,
not three. |
(4) There are four types of dependent
properties:
·
Ones that
provide services or material to the named insured, such as the exclusive
supplier to a restaurant
NOTE: This does not include
communication, water, power, or wastewater removal services suppliers.
·
Ones that
purchase the named insured’s services or products
NOTE: An example is a just-in-time
supplier to an automobile manufacturing plant.
·
Ones that
manufacture products on the named insured’s behalf
NOTE: This might be a manufacturing
plant that produces toys for a toy brand specifically for a major retail chain.
·
Ones that help
attract customers to the named insured
NOTE: This might be a major department
store next to the named insured's novelty shop.
(5) This sub-paragraph states what
secondary dependent property means. It is an entity that a dependent property
does not own or operate. It has the following characteristics:
·
It delivers
materials or services to a dependent property that the dependent property then
uses to provide materials or services to the named insured.
·
It accepts
materials or services from a dependent property that then accepts the named
insured’s materials or services.
Secondary dependent properties do
not include tunnels, bridges, roads, pipelines, airfields, waterways, or other
similar facilities.
Secondary dependent properties do
not include any of the following supply services:
·
Water
·
Communications
·
Power
·
Wastewater
removal
(6) The coverage period begins 72
hours after the covered loss occurs and ends when the dependent property or secondary dependent property is or should be back in operation.
(7) The Business Income coverage
period does not apply to any increased time period
required due to enforcing or complying with ordinances that regulate construction, use, repair, or demolition
of any property or that require that any insured or others respond in any way
to or assess the effects of pollutants.
NOTE: The policy’s expiration date does
not affect the Business Income coverage period.
(8) Business Income as defined in 5.
Additional Coverage f. Business Income also applies to this Additional
Coverage.
n.
Glass Expenses
The
insurance company pays expenses incurred to:
o.
Fire Extinguisher Systems
Recharge Expense
This coverage provides an additional $5,000
for each occurrence to pay the costs to recharge fire extinguishers and
fire-extinguishing systems and for damage that occurs due to the system
accidentally discharging. However, coverage does not apply if the discharge
occurs during installation or testing.
|
Example: The
manual discharge for the automatic extinguishing system is located next to
the telephone at Angie's snack and grill. Angie is talking on the telephone
to her boyfriend when she becomes distracted and inadvertently pulls the
system's handle, setting off the automatic extinguishing system over the deep
fryers. Coverage applies for the recharge and the cleanup necessary to return
the system to normal. |
p.
Electronic Data (08 24 edition)
(1)
The insurance company pays the costs to restore or replace destroyed or
corrupted electronic data due to a covered cause of loss. Data that is not
restored or replaced is valued at the cost to replace the media on which the
data was stored with similar blank media.
NOTE: This Additional Coverage was added when coverage for
electronic data under valuable papers and records coverage was deleted. As a
result, any coverage for electronic data is limited to only this Additional Coverage.
(2)
Computer virus is added to the other covered
causes of loss. It includes harmful code or other instructions introduced into
a computer or connected network with the intent to
damage or destroy information or disrupt
the computer's or network’s normal operations.
There
is no coverage for either of the following:
·
Any employee, whether temporary, leased, or a hired entity, manipulates
the named insured’s computer system or electronic data, including those
inspecting, designing, installing, modifying, maintaining, repairing, or
replacing the computer system.
·
Ransomware, which is any software
that encrypts data on a computer system and demands payment to decrypt and
recover it.
NOTE: In the 08 24 edition, Ransomware has
been added as an exclusion for this coverage.
(3)
The most the insurance company pays in any
policy year is $10,000. This is regardless of the number of premises,
locations, or computer systems involved or the number of occurrences of loss or
damage. This annual aggregate limit can be increased. If a loss begins in one
policy year and continues into another, all loss is treated as having occurred
in the first year.
NOTE: The limit is not location-specific.
It is the total annual aggregate limit, regardless of the number of locations
or the number of computers.
(4) This Additional Coverage does not
apply to the following:
·
Electronic
data that is an integral part of a building’s elevator, lighting, heating,
ventilating, air conditioning, or security systems
·
The named
insured’s stock of pre-packaged software
The items above are excepted
because they are also listed as exceptions to electronic data as property not
covered. This removes the possibility of ambiguity of coverage provided in one
area and then limited in another.
NOTE: This is extremely limited coverage. Larger computer
exposures should be insured under electronic data
processing coverage forms or policies.
Related
Articles:
AAIS Electronic Data Processing Equipment and Business Computer Coverage Forms
ISO Computer Systems Coverage Form
q.
Interruption of Computer
Operations (08/24 edition)
(1)
This Additional Coverage extends Business Income and Extra Expense
insurance to apply to a suspension of operations. The suspension must be due to
an interruption in computer operations caused by a covered cause of loss destroying
or corrupting electronic data. The named insured has the option to except this
extension which is subject to the other provisions of this Additional Coverage.
(2)
Loss or damage must be caused by a Specified Causes of Loss or by
Collapse. Any other covered causes of loss (such as earthquake or flood)
endorsed to this coverage form do not apply to this Additional Coverage.
Computer
virus is an additional covered cause of loss. The
computer virus cause of loss includes harmful codes or other types of
instruction introduced into the computer or connected network in order to damage or destroy information or to disrupt the
computer or network’s normal operations. There is no coverage if an employee or
an individual the named insured hires to work on the computer or network causes
the damage. There is no coverage when
malicious software is encrypted into a computer system and restricts access
until a ransom payment is made.
(3)
The most the insurance company pays in any
policy year is $10,000. This is an annual aggregate limit that can be
increased.
NOTE: The limit is not location specific. It is the total
annual aggregate limit, regardless of the number of locations or the number of computers.
If a
loss begins in one policy year and continues into another, all loss is treated
as having occurred in the first year.
(4)
This Additional Coverage does not apply to losses sustained or expenses
incurred after the period of restoration.
(5)
Business
income loss due to damaged electronic data is covered only as described in (1),
(2), (3), and (4) above.
(6)
Extra Expense loss due to damaged electronic data is covered only as
described in (1), (2), (3,) and (4) above.
(7) This Additional Coverage does not
apply to the following:
·
Electronic
data that is an integral part of a building’s elevator, lighting, heating,
ventilating, air conditioning, or security systems.
·
The named
insured’s stock of pre-packaged software.
The items above are excepted
because they are also listed as exceptions to electronic data as property not
covered. This removes the possibility of ambiguity of coverage provided in one
area and then limited in another.
NOTE: This is extremely limited coverage. Electronic data
processing coverage forms or policies should be used to insure larger
electronic data processing exposures.
Related
Articles:
AAIS Electronic Data Processing Equipment and Business Computer Coverage Forms
ISO Computer Systems Coverage Form
r.
Limited Coverage for Fungi, Wet
Rot, or Dry Rot
(1)
The coverage described in (2) and (6) below applies only if the fungi,
wet rot, or dry rot results from specified causes of loss, excluding fire or
lightning, that takes place during the policy period. In addition, all
reasonable means must be used at the time of loss to protect the property from
further damage.
NOTE: Fire and lightning are excluded because the fungi,
wet rot, or dry rot exclusion does not apply to the fire and lightning causes of loss.
The terms of this Additional
Coverage do not apply to trees, shrubs, plants, and lawns on vegetated
roofs.
NOTE: This
limitation for vegetated roofs is needed because trees, shrubs, plants, and
lawns are considered covered property and insuring them against such common
outdoor damage is unrealistic and costly.
(2)
The insurance company pays for loss or damage due to fungi, wet rot, or
dry rot. This means:
·
Direct
physical damage or loss that fungi, wet rot, or dry rot causes. This also
includes the costs to remove them.
·
The costs to tear out and replace any part of the property to the extent
necessary to gain access to the fungi, wet rot, or dry rot. This includes the
building.
·
If it is reasonable to assume that fungi, wet rot, or dry rot is present,
the cost of tests done after the damaged property is removed, repaired,
replaced, or restored.
(3)
The most the insurance company pays in any policy year
for all covered loss or damage is $15,000, regardless
of the number of claims. This is even if a specific loss remains active or
present or recurs in a subsequent policy period.
NOTE: There is no coverage if an occurrence continues into
the next 12-month period, because all damage from the occurrence is limited to
the period when it was first discovered.
(4)
The $15,000 limit is a sub-limit. It is not an additional amount of
insurance. If there is a covered loss under this Additional Coverage and
another coverage, the limit is not more than the covered property’s limit of
insurance. If there is a partial loss involving covered property that this
Additional Coverage also insures, the amount paid increases by no more than the
$15,000 limit.
(5)
This Additional Coverage does not increase or decrease 5. Additional
Coverages d. Collapse and e. Water Damage, Other Liquids, Powder, or Molten
Material Damage.
(6)
If Business Income and/or Extra Expense coverage applies to the described premises and the operations suspended meet the
terms and conditions of the applicable coverage, the following applies:
·
If the loss that resulted in fungi, wet rot, or dry rot did not, by and
of itself, require that operations be suspended, but the suspension was
required because of the fungi, wet rot, or dry rot loss or damage to property,
the insurance company's payment is limited to the amount of loss or damage
sustained for up to 30 days.
NOTE: The
days do not have to be consecutive.
·
If the suspended operations were due to loss or damage other than by
fungi, wet rot, or dry rot, but their remediation extends the period of
restoration, the insurance company pays for loss and/or expense sustained any
time during the restoration period for up to 30 days.
NOTE: The
days do not have to be consecutive.
SPECIAL NOTE: Pay close attention to and carefully
review 5. Additional Coverages p. Electronic Data, q. Interruption of Computer
Operations, and r. Limited Coverage for Fungi, Wet Rot, or Dry Rot. They are
very limiting and operate alongside certain exclusions that constitute
restrictions of coverage.
These coverages add to the limits
of insurance in the declarations. They apply to property in or on the building
described in the declarations, or within 1,000 feet of the described
premises, whether in the open or in or on a vehicle.
a.
Newly Acquired or Constructed
Property
(1) Building coverage may be extended
to apply to newly constructed buildings on the described
premises while they are being built. It may also be extended to newly
acquired buildings that are located off premises as long as
they are used for the same or a similar purpose as other buildings listed on
the declarations or as warehouses. The most paid for loss or damage to each
such building is $250,000.
|
Example: Moe’s Sandwich Shop has the
opportunity to purchase the dry-cleaning operation across the street.
Although the businesses are quite different, Moe’s son convinces him that he
can handle it. The purchase is handled as a contract sale. A few weeks after Moe
secures the dry-cleaning operation, a fire breaks out. The loss is substantial.
The previous owner (who is now acting as the cleaner’s manager) no longer has
coverage, and Moe discovers that he doesn't have coverage either because the
businesses are not similar. |
(2) Business Personal Property
Business personal property coverage may be
extended to apply to both newly acquired and existing business personal
property at a newly acquired location or at a newly constructed or acquired
building at a described premises. The most that may
possibly be paid for loss or damage at each such building is $100,000.
|
Example: Sheila decides to totally renovate the interior of
her newly acquired office building. The new personal property is purchased
and delivered, but a tornado damages the building before they are installed.
Because of this coverage, her new items are covered, as is any personal
property acquired with the building. |
NOTE: This coverage does not apply to
personal property the named insured temporarily acquires while performing
installation or other work on the property or its wholesale activities.
(3) Period of Coverage
These
coverage extensions
apply only until the policy expires, the named insured reports the values, or
for 30 days, whichever is less. However, the named insured pays premium
beginning on the date of acquisition or the date that construction begins.
NOTE: This is important "peace of
mind" coverage even though additional premium must be paid. Businesspeople
occasionally purchase property without immediately informing their insurance
agent. This period of coverage provides sufficient time to report newly
acquired property.
b.
Personal Property off Premises (08 24 edition)
The named insured can extend
insurance to covered property while in transit or at a location it does not
own, operate, or lease. However, covered property does not include money,
securities, valuable papers and records, or accounts receivable. The most paid
for loss or damage to such property is $10,000, unless the declarations shows a higher amount.
NOTE: In
transit can be between any owned, leased, or operated location. It can also be
a location the named insured does not own, lease or operate. Transportation is
not limited to only ground transportation. It can include air and water
transportation. However, coverage is limited to the United States of America,
its territories and possessions, Puerto Rico, and Canada, and while in transit
between points in the coverage territory. Air or sea transit to Hawaii is
covered.
For
most small retailers, $10,000 may be an adequate limit of insurance.
Unless
there is a value or limit declared for the shipped items, transportation
companies may limit the amount recoverable after a covered loss. Even small
retailers may have extraordinarily large shipments prior to their peak seasons.
If a limit larger than $10,000 is required for goods that others transport, increased
limits from the shipping company or an Inland Marine transportation policy
should be purchased.
Related Article:
ISO Motor Truck Cargo Carriers Coverage Form
c.
Outdoor Property (08 24 edition)
The named insured can extend the
coverage provided to its:
·
outdoor
fences
·
antennas (including
dish-shaped antennas and their lead-in wiring, masts, and towers that are not
attached to buildings)
·
detached signs
·
signs not
attached to buildings
·
trees,
shrubs, and plants (not part of a vegetated roof)
·
debris
removal expense
Coverage includes debris removal
expense. However, coverage applies only to loss or damage caused by or that
results from fire, lightning, riot, civil commotion, or aircraft. The most paid
for loss or damage is $2,500 per described location, unless a higher limit
is shown on the declarations. Owned trees, shrubs, and plants are limited
to no more than $1,000 per tree, shrub, or plant. The $2,500 limit can be increased.
This Coverage Extension does not
cover trees, shrubs, and plants that are part of vegetated roofs. This is
because they have full coverage as business personal property, and coverage
here would duplicate that coverage and be confusing.
This Coverage Extension includes
the expense to remove the debris of trees, shrubs, and plants that belong to
others from the described premises. There is an exception in cases where the
named insured is a tenant and the landlord owns such
property at the described premises. This provision is subject to the terms and
limitations of coverage stated above.
NOTE: This coverage extension applies only
to outdoor trees, shrubs, and plants. Trees, shrubs, and plants inside
buildings that are not considered growing crops or lawns are covered against direct
physical loss or damage and are included in the business personal property
limits. This means that office buildings with large indoor landscaped atriums
have full coverage, but an office building built around a large garden is
subject to the outdoor property exclusion and this limited coverage.
d.
Personal Effects
The named insured may extend Business
Personal Property insurance to personal effects it owns or to those owned by
its officers, partners, members, managers or employees (including leased or temporary employees). This Coverage Extension
does not apply to tools or equipment used in the business and excludes loss or
damage due to theft. The most paid for loss or damage to such property at each
described premises is $2,500.
|
Example: Robert’s office was filled with his golf and sports
memorabilia. A fire that seriously damaged the building also destroyed most
of his memorabilia. Coverage applied, subject to the other insurance clause,
his homeowners' policy, and the valuation clause in this coverage form.
Robert’s available coverage depends on a number of
factors including how the modest $2,500 is distributed among all of the employees, officers, partners, members,
managers, and employees who also sustained a loss. |
e.
Valuable Papers and Records
(1) Business personal property
coverage extends to direct physical loss or damage to valuable papers and
records the named insured owns or that it has in its care, custody, or control.
The damage must be caused by or result from a covered cause of loss. This
coverage includes the cost to research lost information when there are no
duplicates.
(2) Coverage does not apply to
samples or for property already sold that is held for delivery or to property
in storage at locations away from the covered premises.
(3) The most paid for loss or damage
in any one occurrence at a covered location is $10,000. Higher limits are
available. $5,000 is the most paid if a covered loss occurs at a location not
covered or described on the declarations.
(4) Loss or damage is based on the
cost to replace the damaged or lost information. However, loss settlement is
based on the replacement cost of only the blank material if the content of the
valuable papers is not restored.
(5) None of B. Exclusions apply to
this Coverage Extension except for the following:
·
1. c. Governmental
Action
·
1. d. Nuclear
Hazard
·
1. f. War and
Military Action
·
2. f. Dishonesty
·
2. g. False
Pretense
·
2. m. Errors
or Omissions (when copying or
processing valuable papers)
·
3. a. Weather Conditions
·
3. b. Acts or
Decisions
·
3. c. Negligent
Work
f.
Accounts Receivable
(1) Business personal property
coverage may be extended to include accounts receivable. Coverage applies to
any of the following situations but must involve direct physical loss or damage
by a covered cause of loss to the named insured’s records of accounts
receivable:
(2) The most paid in a single occurrence
at a covered location is $10,000. Higher limits are available. $5,000 is the
most paid if a loss occurs at a location not covered or described on the declarations.
(3) None of the exclusions in B.
Exclusions apply to this Coverage Extension except for the following:
·
1. c. Governmental
Action
·
1. d. Nuclear
Hazard
·
1. f. War and
Military Action
·
2. f.
Dishonesty
·
2. g. False
Pretense
·
3. a. Weather Conditions
·
3. b. Acts or
Decisions
·
3. c.
Negligent Work
·
6. Accounts
Receivable Exclusion.
g.
Business
Personal Property Temporarily in Portable Storage Units (08 24 edition)
(1)
Business
personal property that is stored in a portable storage unit is covered. Storage
units include detached trailers. The unit must be located either within 1,000
feet of the building or within 1,000 feet of the premises, whichever is
greater.
NOTE: The 08 24 edition expands the
area from 100 feet to 1,000 feet.
(2) The
coverage limitation with respect to sand, dust, sleet, snow, ice, or rain
within a structure applies to any property within the storage unit.
(3) This coverage extension ends
90 days after the business personal property is placed inside the storage unit.
However, it can end earlier. Coverage ends after the storage unit has been on
the premises for more than 90 days. This means that even if the business
personal property has been in the storage unit for two days, if the storage
unit has been there for 90 days, all coverage for the business property in the
unit ends.
|
Example: Shelly’s
Shoes receives an exceptional buy, but she has no room in her store for the
extra merchandise. She rents a temporary storage unit for the shoes. She
leases the unit for 90 days, and it is located on part of her store’s parking
lot. She sells the shoes in the unit and comes across another exceptional
buy. She extends the lease for another 90 days. The second batch of shoes arrives,
and a fire occurs the next day. The new shoes are excluded because the
storage unit was on the premises for more than 90 days. NOTE: This loss would have been covered if the unit was
removed for one day and returned the next day. |
(4) This
coverage is subject to a $10,000 sub-limit. It does not increase the amount of
business personal property coverage. This sub-limit can be increased.
(5) Coverage
also does not apply to loss or damage covered elsewhere in the coverage form. In
addition, there is no coverage for the storage unit itself.
The doctrine of concurrent
causation holds that a coverage form, or policy must pay if a loss to insured
property can be attributed to two causes, one excluded and the other covered.
By applying this concept, coverage has been found for earth movement, flood,
and other events that are specifically excluded.
Related Article: Concurrent Causation
and Anti-concurrent Causation Clauses–A Discussion
To eliminate this problem, this
paragraph makes three very specific statements:
This language applies to these
nine exclusions.
a.
Ordinance or Law
Loss due to the enforcement of, or compliance
with, any ordinance or law that regulates the construction, use, or repair of
any property, or that requires the demolition of any property, is excluded.
This exclusion also applies to the cost of removing debris resulting from such
enforcement or compliance, regardless of whether the property has been damaged.
|
Example: Millie’s Fine Furniture has been in the heart of
downtown for as long as anyone can remember. Its frame structure is quite
noticeable and distinct from the concrete and brick buildings that surround
it. During a night of looting, a Molotov cocktail thrown into the display
window ignites both the building and the upholstered furniture in it. Because
the fire department cannot respond quickly, the building is 60% damaged.
Millie’s family wants to rebuild so the building appears the same as before,
but a local ordinance requires that all buildings be of
concrete or better construction. Because of this exclusion, the family
collects only the amount of money needed to restore the building to the
original frame construction. It must pay the additional cost of the
construction upgrade from its own funds. |
NOTE: BP
04 46–Ordinance or Law Coverage can be written to cover the claim described
above.
Related Article: CP 04 05–Ordinance or
Law Coverage
b.
Earth Movement
Five separate categories of earth
movement events are excluded.
(1) Earthquake and any sinking,
rising, or shifting of the earth that occurs with the earthquake. This also
includes damage resulting from tremors and aftershocks.
(2) Landslide and any sinking, rising, or shifting of the earth that occurs with the
landslide
(3) Mine subsidence of man-made
mines, whether the mine is operating or not
NOTE: This is a common problem in some
mid-western states. Separate mine subsidence coverage is available in some
states and must be offered in certain counties. Legislation enacted in those
states details the coverage that must be offered, the price that may be
charged, and the way coverage is written. The state laws regarding mine
subsidence coverage for property in Illinois, Indiana, Kentucky, Pennsylvania,
or West Virginia should be reviewed carefully.
(4) Sinking of the earth and any
rising, shifting, erosion, contraction, or expansion of the ground as well as
water below the surface of the ground and poor soil conditions. Sinkhole
collapse is an exception to this exclusion.
NOTE: An important exception to the
exclusions described above is that coverage applies if
a fire or explosion occurs due to any of them, but only for the loss or damage
caused by the fire or explosion.
|
Example: Natural gas lines run
beneath Prairie Town's main street. A slight
earthquake occurs and causes comparatively little damage to the primarily frame structures. Unfortunately, the gas lines
are not built to withstand such an incident and they crack, resulting in an
explosion followed by a fire. The fire destroys the local drugstore, florist,
hardware store, and bank. The loss due to the ensuing fire and explosion is
covered. |
(5) Volcanic eruption, unless it
results in fire, breakage of building glass, or volcanic action. Volcanic
action is defined as follows:
(a)
Airborne
volcanic blast or airborne shock waves
(b)
Various
types of dust, ash, and particulate material emitted
(c)
Lava flow
All
volcanic activity in (a), (b), and (c) above that takes place within any
168-hour period is considered a single occurrence.
The costs of removing ash, dust,
or particulate matter are excluded unless the covered property sustains direct
physical loss or damage.
NOTE: Volcanoes are unpredictable, and
the damage they cause varies considerably from one to another. Eruptions
usually occur over a number of days. All activity
within 168 consecutive hours is treated as one occurrence. This is very
important to the insured regarding the deductible. Instead of multiple
deductibles for multiple events, only one deductible applies to any 168-hour
period. A volcanic eruption can be covered under BP 10 03–Earthquake.
Related Article: ISO Businessowners
Program Available Endorsements and Their Uses
All
aspects of this exclusion apply regardless of whether the event is caused by
nature or any other force.
|
Example:
Mountaintop Shopping is a strip mall
built on a mountainside to serve the resort community. Several unusual rain
events cause the land beneath the strip mall to give way. The landslide
eventually destroys two stores. Mountaintop Shopping claims that the loss is
due to faulty construction and land preparation, not a landslide. This
important clarifying language makes it explicit that this loss is excluded. |
c.
Governmental Action
Coverage does not apply to property a
government authority seizes or destroys. Customs seizures, zero-tolerance Drug
Enforcement Administration (DEA) drug confiscation, or property seized as
evidence in a trial that loses value because of the time it is held as evidence
are examples of this exclusion. However, property the governmental authority
damages at the time of a hostile fire to prevent it from spreading is covered.
|
Example: The Treetop Resort is nestled in a grove of trees
near a national park. A fire begins in the park and heads towards town. To
create a firebreak, the fire department clears a path that includes the
Treetop property. This loss is covered because the fire and its threat are
imminent and a civil authority takes the action. |
d.
Nuclear Hazard
All nuclear hazards are excluded.
This includes nuclear reaction, radiation, or radioactive contamination.
However, damage to covered property caused by fire resulting from a nuclear
hazard is covered.
e.
Utility Services
There
is no coverage for loss or damage caused by, or resulting from, the failure of
power, communication, water, or other utility service to the described premises
if the failure originates outside such premises. There is also no coverage if
the loss or damage is due to the failure of equipment owned by the off-premises
utility service and located on the described premises.
Utility service failure includes a reduction in supply and insufficient
capacity.
Any
loss or damage caused by a power surge that would not have occurred except for
an event that causes power failure is excluded.
There
is a very broad exception to this exclusion. A covered cause of loss may result
from power surge or power failure or the failure of any of these utility
services may result in a covered cause of loss that causes loss of damage. In
that case, coverage applies for only the loss or damage that results. Another
exception states that this exclusion does not apply to loss or damage to
computers or electronic data.
Communication
services also include Internet access service or
access to any electronic, cellular, or satellite network. However, it is not
limited to just these.
NOTE: Off-premises power failure
coverage can be added using BP 04 56–Utility Services–Direct Damage and BP 04
57–Utility Services–Time Element. Spoilage coverage can be added using BP 04
15–Spoilage Coverage.
Related Article: ISO Businessowners
Program Available Endorsements and Their Uses
f.
War and Military Action
This
exclusion lists three specific warlike activities.
·
War. This
can be a declared, an undeclared,
or a civil war.
·
Military
force of a warlike nature. These activities must utilize military personnel or
agents of a government or other type of authority. Governmental action taken to
prevent any of these activities is also considered war.
·
Insurrection,
rebellion, revolution, and attempts to usurp power. Any government action taken
to respond to such actions is also considered war.
NOTE: This exclusion does not apply to acts of terrorism.
Separate terrorism endorsements must be added to exclude such actions.
g.
Water
(1)
Flood is
excluded. Flood is surface water, tides, tidal water, and waves. Waves include
tidal waves and tsunami. Overflow of any body of water is also excluded. A body
of water is a natural or man-made river, creek, ocean, or lake. Spray from any
of the above, wind-driven water, and storm surge are also excluded.
(2) Mudslide and mudflow occur when a
sudden large volume of water mixes with unstable soil conditions and is
excluded.
(3)
Coverage does not apply to loss or
damage from water that backs up, flows from, or is otherwise discharged from
sewers, drains, sumps, or equipment such as sump pumps.
(4) Water-saturated ground can create
hydrostatic pressure against a building's surface or subsurface portions. Loss
or damage caused by or that results from such water that enters through
foundations, walls, floors, paved surfaces, basements, doors, windows, and
other building openings is excluded.
(5) Loss or
damage due to waterborne material carried by waters described in (1), (3), and (4) above is
excluded. Such material moved or carried by mudslides or mudflows described in
(2) above is also excluded.
|
Example: Mavis’
business was located near a river that flooded. It ended up smashing an
uprooted tree into her storage building. Because of this exclusion, the
damage to the storage barn and the items inside it was ineligible for coverage. |
ISO adds a
paragraph that explains that this entire exclusion applies whether any of the
events are caused by an act of nature or otherwise. To clarify the term
"otherwise," ISO provides an example that uses the terms “dam,”
“seawall," "levee," "boundary" or "containment
system" and states that any of them failing to contain the water is an
"otherwise" type situation. However, it is important to note that
using this example format does not limit the exclusion to failure of only those
specific items. The goal is to define the term "otherwise" as broadly
as possible.
As with other exclusions, if a fire or explosion occurs because of any
action of water, coverage applies to the loss or damage caused by the fire or
explosion. In
addition, if a sprinkler leakage loss occurs due to these water actions,
coverage applies to the loss or damage caused by the sprinkler leakage.
NOTE: There is no standard
Businessowners Program endorsement that covers flood
and related causes of loss. Some insurance company endorsements cover loss or
damage caused by backup of sewers and drains and failure of sump pumps to
operate correctly. The federally administered National Flood Insurance Program
(NFIP) provides limited coverage for eligible property.
Related Articles:
National Flood Insurance
Program Standard Policy Coverage Analysis
AAIS Difference in
Conditions Form–Property Coverage Part
ISO Difference in
Conditions Coverage Form
h.
Certain Computer-Related Losses
Under this exclusion, there is no coverage
for the failure, malfunction, or inadequacy of any computer, computer
application, computer operating system, computer network, microprocessor, or
any other computerized part or any other product that depends on computers when
caused by an inability to process dates or time. Coverage also does not apply
to any action an insured takes to correct any of these
problems. If a computer’s failure to accept time or date results in a loss due
to a specified cause of loss, coverage is available for the resulting damage
from that loss.
|
Example: The computer program that controls the sprinkler
system at the Food Warehouse does not recognize the date 02/29. The system
automatically activates on 02/29/22 due to the failsafe device inside the
program. Because the activation took place at 12:01 a.m., the building’s
contents are completely waterlogged when employees arrive for work. This loss
is covered because loss or damage caused by or resulting from sprinkler
leakage is covered. |
i.
Fungi, Wet Rot, or Dry Rot
The
presence, growth, spread, or any other activity of fungi, wet rot, or dry rot
is excluded. However, if a specified cause of loss results from any such
activity, the loss or damage caused by that specified cause of loss is covered.
This exclusion does
not apply when such activity results from either fire or lightning, or to the
extent that coverage applies under 5. Additional Coverage r. Limited Coverage for
Fungi, Wet Rot, or Dry Rot.
|
Example: A tornado blows the roof
off George’s Hardware Store. The top floor is destroyed, but damage to the
first floor initially appears to be minimal. However, mold was discovered in the first-floor interior walls two weeks later. The
mold damage is not covered because of this exclusion. Coverage is available
under 5. Additional Coverage r. Limited Coverage for Fungi, Wet Rot, or Dry
Rot, but limited to $15,000 per 12-month policy period. |
j.
Virus or Bacteria
Loss or
damage from any type of microorganism that causes or is
capable of causing physical illness, distress, or disease is excluded.
Examples
of excluded microorganisms are virus or bacterium, but
they are only examples. This means it is a far-reaching exclusion, as
microorganisms are everywhere.
This
exclusion does not apply to any of the items described in exclusion i. Fungi, Wet Rot, or Dry Rot above. This is important
because those items have some limited coverage under 5. Additional Coverages r.
Limited Coverage for Fungi, Wet Rot, or Dry Rot, while these microorganisms do
not.
This
exclusion takes precedence if a microorganism could be excluded under this
exclusion or under the pollution exclusion. This means that 5. Additional
Coverages h. Pollutant Clean-up and Removal does not apply to damage caused by
such an organism.
The lead-in language for this
group of exclusions is less restrictive than the lead-in language in 1. Primary
Exclusions. For example, if the proximate cause of loss is a covered cause of
loss, the subsequent and companion excluded causes of
loss do not affect the claim. If fire causes a machine to break down, coverage
applies because the proximate cause of loss is fire and the breakdown results
from the fire damage. The same approach applies to rust that develops after an
accidental sprinkler leakage incident.
The insurance company does not
pay for loss or damage caused by or that results from the following:
a.
Electrical Apparatus (08 24
edition)
There is no coverage for damage, disturbance, disruption, or any type of
interference with any electrical or electronic wire, device, appliance, system,
or network, with a device, appliance, system, or network that utilizes cellular
or satellite technology caused by or that results from artificially generated
energy.
There
is a wide range of types of artificially generated energy. It can be
electrical, magnetic, or electromagnetic. Examples of such energy are
electrical currents (including arcing), magnetic or electromagnetic fields
produced by electrical charge, electromagnetic energy pulses, or waves or
microwaves from an electromagnet.
There are exceptions.
·
Loss or
damage due to a fire that results from the above excluded items is covered.
·
Loss or
damage to computers that is due to artificially
generated energy is covered, but only if caused by either of the
following:
o
An
occurrence that takes place within 1,000 feet of the described
premises
o
A blackout
or brownout caused by an occurrence that takes place within 1,000 feet
of the described premises.
NOTE: The 08 24 edition expands the
area from 100 feet to 1,000 feet.
NOTE: EB 00
20-Equipment Breakdown Protection Coverage can be used to provide this coverage.
Related Article: ISO Equipment Breakdown
Protection Coverage Form Analysis
b.
Consequential Losses
There is no coverage for loss of
use, delay, or loss of market.
NOTE: These are indirect losses that
follow direct loss or damage. Business income is an example of a consequential
loss, but that is specifically covered elsewhere in the form. The other types
are not covered, and there is no standard Businessowners Program endorsement available
to provide it.
Related Court Case: Market Value and Loss of
Market Distinguished
c.
Smoke, Vapor, Gas
Loss or damage caused by, or
resulting from, smoke, vapor, or gas from agricultural smudging or industrial
operations is excluded.
NOTE: There is no standard Businessowners
Program endorsement that provides this coverage. Industrial firms and
incinerators frequently release harsh acids and chemicals into the air. These
can bleach or chip paint or damage plastic and rubber products. Agricultural
smudging operations used to control insects or keep crops from freezing can
release greasy smoke that can discolor paint and cause other damage to nearby
buildings.
d.
Steam Apparatus
Explosions that involve steam
boilers, steam pipes, steam turbines, or steam engines the named insured owns
or leases or has under its control are excluded unless
an explosion of gas or fuel in a firebox, combustion chamber, or flue causes
the explosion.
When an excluded explosion in the steam
boiler, steam pipe, steam turbine, or steam engine causes a fire or combustion
explosion, coverage applies to the loss or damage that results from that fire
and combustion explosion.
|
Examples:
|
NOTE: G. Optional Coverages 4. Equipment
Breakdown Protection Coverage insures most incidents of sudden and accidental
breakdown of boilers and similar objects. Equipment breakdown coverage forms
also cover boiler explosion.
Related Article: ISO Equipment Breakdown
Protection Coverage Form Analysis
e.
Frozen Plumbing
Loss or damage from water,
liquids, powders, and molten materials caused by frozen plumbing, heating, air
conditioning, and other appliances is excluded. There are three exceptions.
Coverage for loss due to frozen
plumbing applies if any of the following apply:
·
The named
insured maintains heat in a building or structure.
·
The equipment
is drained, and the supply of water, liquids, powders, or molten material is
turned off.
·
Fire
protective systems
NOTE: There is no standard
Businessowners Program endorsement that provides this coverage.
f.
Dishonesty
Criminal or dishonest acts by any
of the following persons are excluded:
·
The named
insured
·
Others who
have an interest in the insured property
·
The named
insured’s authorized representatives
·
The named
insured's partners, officers, managers, directors, or trustees
·
The named
insured’s employees
Dishonest
or criminal acts are excluded, regardless of whether the person acts alone or
colludes with others.
In
addition, there is no coverage for acts of theft by any person entrusted with
the property for any reason, whether that person acts alone or colludes with
others.
This
exclusion applies 24 hours a day. This means that acts committed during
business hours are excluded, as well as acts committed after hours.
There are three exceptions.
·
Loss or
damage due to acts of destruction by the named insured’s employees or authorized representatives is covered. However, this exception
does not apply to acts of theft.
|
Examples:
|
·
Dishonest
acts of carriers for hire are not excluded. However, this exception applies
only to accounts receivable and valuable papers and records coverage.
·
Coverage
provided by G. Optional Coverages 3. Employee Dishonesty is not excluded.
g.
False Pretense
Coverage does not apply when the
named insured voluntarily parts with or gives away title
to any property because of a fraudulent scheme, trick, or device. It also does
not apply if someone the named insured entrusts with
the property does so.
The ISO Crime Insuring
Agreements includes one for Fraudulent Impersonation that could be purchased to
coverage this gap.
Related Article: CR 04 17–Fraudulent
Impersonation
h.
Exposed Property
Damage to personal property in
the open is not covered when the damage is caused by rain, snow, ice, or sleet.
NOTE: There is no standard Businessowners
Program endorsement that provides this coverage, and few insurance companies
write it.
i.
Collapse
(1)
Collapse is excluded.
The
following property conditions are also excluded:
·
Any type of sudden caving in or falling down.
·
The building’s structural integrity is lost or compromised. The evidence
of this could be parts of the property separating from the rest of the building
or the building appearing to be in danger of caving in or simply falling down.
·
Any condition of sagging, bulging, cracking, settling, leaning, expanding,
or shrinking as it relates to any of the above.
However,
if a collapse causes a covered cause of loss at the described premises, the
resulting loss or damage from that cause is covered.
(2) This
exclusion does not apply with respect to coverage under 5. Additional Coverages
d. Collapse.
It also
does not apply to collapse due to one or more of the following causes:
·
Specified causes of loss
·
Building glass breaking
·
Weight of accumulated rain on a roof
·
Weight of personal property or people
Refer to Additional Coverages 4.,
Collapse described earlier in this form that provides
very specific Collapse coverage.
j.
Pollution
Loss caused by or that results from
any release of pollutants is excluded.
There are two exceptions:
·
A specified
cause of loss causes the release.
·
When the pollution causes a specified cause of loss, the loss or
damage from that specified cause of loss is covered.
|
Examples:
·
A sprinkler opens
over an acid tank, causes it to overflow, and results in damage to floors and
equipment. The direct damage the sprinkler leakage caused is covered as well
as the damage the pollutant caused. ·
An oil spill
causes a fire in the building. The damage the oil spill causes is excluded
but coverage applies to the damage the subsequent fire causes. |
NOTE: 5. Additional Coverages h. Pollutant
Clean-up and Removal provides a $10,000 limit at each location during each
separate 12-month policy period. It applies to costs incurred to extract
pollutants from land or water at only the described premises and only if a
covered cause of loss that occurs during the policy period causes the escape.
There is no standard Businessowners Program endorsement that broadens or improves on this coverage.
k.
Neglect
There is no coverage if an
insured does not use all reasonable means available to it to keep
property from further damage at the time of loss and afterwards.
NOTE: E. Property Loss Conditions 3.
Duties in the Event of Loss or Damage states that the
named insured must protect covered property from further loss. This exclusion
reinforces that condition.
|
Example: Fred is home, watching Game 7 of the NBA Finals. A
neighbor calls to tell him that he sees smoke coming from Fred’s furniture
store next door to the neighbor's business. Fred ignores the situation and
continues to watch the game. When the neighbor doesn’t see Fred or hear
emergency vehicles, he calls the fire department to protect his own property.
Fred hears the sirens, but the game is going down to the wire, and he can’t
pull himself away from it. Since Fred doesn’t arrive with the keys, the fire
department must break down the door to fight the fire. After the game ends,
Fred goes to the store and notifies his insurance company of the loss.
However, based on the information the company obtains from the fire marshal,
the insurance company denies much of Fred's claim because he did not protect
his property. |
l.
Other Types of Loss
Loss or damage from the following
is excluded. However, if a specified cause of loss or glass breakage occurs,
the ensuing loss or damage caused by that specified cause of loss or glass
breakage is covered.
(1) Wear and tear.
This is a risk of doing business
that insurance does not cover.
(2) Rust, corrosion, decay,
deterioration, hidden or latent defect, or any other quality, fault, or
weakness in covered property that causes it to damage or destroy itself.
|
Example: Paint in cans hardens over time, some goods fade
when exposed to sunlight, and iron objects rust when exposed to moisture. |
(3) Smog
This is fog that has become mixed with and
polluted by smoke.
|
Example: Smog corrodes the building’s exterior. This is considered
routine maintenance in areas where smog is a problem and is not a covered
event. |
(4) Loss or damage caused by or that
results from settling, cracking, shrinking, or expanding.
(5) Animal, bird, insect, or rodent
damage caused by or that results from their nesting or infestation, or by release
or discharge of their secretions or waste products.
|
Example: A deer crashes through a glass window, damaging
both the window and property inside. Coverage applies in this case. If the
deer decides to reside in the building, the resulting damage from its doing so is excluded. |
(6) Mechanical breakdown.
An example of mechanical
breakdown is a rupture that centrifugal force causes, but this is not the only
type of mechanical breakdown excluded.
The one exception is that this
exclusion does not apply to computers that break down.
NOTE: G. Optional Coverages 4.
Equipment Breakdown Protection Coverage covers the mechanical breakdown of
boilers, similar objects, and production machinery. In addition, Equipment
Protection Coverage Forms or policies provide broader coverage.
Related Article: ISO Equipment Breakdown
Protection Coverage Form Analysis
|
Examples:
These losses are excluded: ·
A punch press that
requires 440 electrical current loses 25% of its electrical phase and
releases the cycle prematurely on a customer’s die,
damaging it and warping the punch press. ·
Lack of
lubrication causes an engine to seize up. ·
The governor on a
machine malfunctions, the engine over-revs, and the flywheel shatters. This
damages both the machine and the surrounding walls and windows. |
(7) With respect to personal
property:
·
Loss or
damage caused by or that results from atmospheric dampness or dryness.
·
Marring or
scratching.
NOTE: There is no standard
Businessowners Program endorsement that covers these losses. Normal activity
that causes scratches to tables is excluded, but coverage would apply when a
light fixture falls on a table and scratches it.
·
Changes in
or extremes of temperature that cause loss or damage.
NOTE: Coverage for certain spoilage
losses can be added using BP 04 15–Spoilage Coverage.
Related Article:
ISO Businessowners Program Available Endorsements and Their Uses
|
Example:
Coverage does not apply if all the milk
and juice spoils after a grocery store employee accidentally shuts off the
freezer electrical circuit. |
If a loss excluded in (1)-(7) above
is the proximate cause of a specified cause of loss or damage or building glass
breaking, coverage will apply to the loss or damage from the resulting
specified cause of loss or glass breakage.
m.
Errors or Omissions
Coverage does not apply to errors
or omissions in any computer operations. Errors and omissions in the storage,
processing, or programming of data, as described in the definition of
electronic data, are also excluded. There is also no coverage when errors or
omissions occur while processing or copying valuable papers and records.
Coverage does apply to direct
physical loss or damage due to any fire or explosion that results from any of
the excluded errors or omissions. The only requirement is that the resulting fire
and explosion be considered a covered fire or explosion under this policy.
n.
Installation, Testing, Repair
There is no coverage for errors
or deficiencies with respect to any aspect of the named insured’s
computer system, including its electronic data.
Coverage does apply to direct
physical loss or damage caused by any fire or explosion resulting from any excluded
installation, testing, or repair. The only requirement is that the resulting
fire and explosion be considered a covered fire or explosion under this policy.
o.
Electrical Disturbance
Magnetic injury, electrical injury,
disturbance, or erasure of electronic data is excluded.
There are two exceptions:
·
Direct damage due to lightning is covered.
·
The coverage provided under Additional
Coverages p. Electronic Data.
p.
Continuous or Repeated Seepage or
Leakage of Water
Loss or damage due
to repeated or continual seepage or leakage of water that takes place for 14
days or more is excluded. The presence of humidity, moisture, or vapor for 14 days
or more is also excluded.
|
Example: A crack develops in a shower wall at General
Testing. Water accumulates on the floor beneath the shower area that is located in the building’s 2nd story. An
investigation reveals that water had been accumulating for many weeks and was
finally forced down through the ceiling. The repairs needed are not covered. |
Loss or damage due to any of the
following is excluded. However, if the excluded cause of loss triggers a loss that
involves a covered cause of loss, the ensuing loss or damage is covered.
a.
Weather Conditions
A weather condition may contribute to a cause of loss otherwise excluded under the following
exclusions in B. Exclusions 1. Primary Exclusions:
·
a. Ordinance or Law
·
b. Earth Movement
·
c. Governmental Action
·
d. Nuclear Hazard
·
e. Utility Services
·
f. War and Military Action
·
g. Water
·
h. Certain Computer-related Losses
·
i. Fungi, Wet Rot, or Dry Rot
·
j. Virus or Bacteria
In that case, the damage caused
by the weather condition is also excluded.
Weather is not defined, but in
common usage it includes wind, rain, hail, snow, and temperature; it is not
limited to these alone.
NOTE: The purpose of this exclusion is
to eliminate coverage under concurrent causation. There is no standard Businessowners
Program endorsement that provides this coverage.
|
Example: Heavy, late-winter rains start a flood that
undermines the building’s foundation and causes a wall to bulge. The rain
turns to ice, and the weight of the ice collapses the building. Flood damage
is excluded, but damage caused by the weight of ice is covered. This is
subject to the insurance company agreeing that the roof would have collapsed
even if the flood had not weakened the walls. |
b.
Acts or Decisions
Acts or decisions by any person, group,
organization, or governmental body are excluded. Failing to act and decide is
also excluded.
|
Example: The Corps of Engineers urged the city council to
designate several sections of the city’s border as “no building” areas. The
council ignored the advice and embraced the opportunity to increase tax
revenue from new building projects in those areas. A serious flood occurs
there a few years later, and federal disaster relief is denied because of the
council’s decision to ignore the Corps of Engineers’ recommendations. |
c.
Negligent Work
Loss caused by damage to property
located on or off the described premises is excluded if caused by any of the
following being faulty, inadequate, or defective:
·
Development,
zoning, planning, surveying, or siting
·
Workmanship,
grading, compaction, repair, specifications, remodeling, or repair
·
Materials
used to repair, construct, or remodel
·
Maintenance
|
Examples:
The following are excluded: ·
Property
mistakenly built on wetlands that must be torn down ·
Inadequate roof
supports that cause the roof to sag ·
A weak weld in the
conveyor system that cracks and sends 20 newly manufactured computers
crashing to the floor ·
A poorly built
municipal dam that collapses and causes insured property to be damaged in a
flood |
Loss or Damage to Products
There is no coverage for loss or
damage to merchandise, goods, or other products caused by any of the following
types of errors or omissions:
·
Planning
·
Testing
·
Processing
·
Packaging
·
Installation
·
Maintenance
·
Repair
·
Any other
stage in production, use, or development
These are errors and omissions on
the part of anyone. They are excluded even if a party to which the items have
been outsourced performs them.
This exclusion applies to any compromise
of the product in form, substance, or quality.
The one exception is if such an
error or omission results in a covered cause of loss occurring. In that case,
coverage applies only to loss or damage caused by the covered cause of loss.
NOTE: This
exclusion applies only to merchandise, goods, or other products. It is added to
exclude loss or damage to such property because of a production error or
omission.
|
Example: Lindsey
designs toys and contracts with a Nigerian manufacturer to produce toys based
on her designs and manufacturing specifications. The first shipment that
arrives is tested, and the results indicate an unacceptable amount of lead.
Lindsey cannot sell the product in the United States, and the Nigerian
manufacturer does not return telephone calls. Lindsey presents a claim to the
insurance company because the items are useless. The claim is denied because
of this and other exclusions. |
a.
The
insurance company does not pay for any increase in business income loss or
extra expense caused by or that results from any of
the following:
·
Any delay in
resuming operations or repairing, rebuilding, or replacing property because of
strikers or other persons interfering at the affected location
|
Examples:
·
Teamsters across
the country strike and shut down deliveries of wood construction materials.
This causes a three-week increase in the period of restoration. Coverage
applies. ·
Construction
workers employed by the contractor the named insured hired to rebuild go on
strike and picket the premises and delay rebuilding by four weeks. Coverage
does not apply. ·
The named
insured's second-shift employees working in an undamaged portion of the
building being repaired strike. Coverage does not apply. |
·
Licenses,
leases, or contracts that lapse, are suspended, or are
cancelled. However, if any of these are caused directly by operations that are
suspended due to a covered cause of loss, the resulting loss that affects the
named insured’s business income during the period of restoration is covered.
This includes any extension of the restoration period according to the terms of
Additional Coverages f. Business Income (2) Extended Business Income.
|
Examples:
·
A supplier
penalizes the named insured $300 a day for each day it goes beyond the deadline
date to complete a contract. Coverage does not apply. ·
The named
insured’s liquor license is suspended until the building is rebuilt. The
license cannot be used at any substitute location, and the named insured’s
operations are completely suspended until the period of restoration ends.
Coverage applies. ·
The named
insured’s favorable lease may be cancelled if it takes more than two months
to rebuild the building. It finds a substitute location at $400 per month
more than the favorable lease. Both this provision and the extra expense
provision cover the additional $400 for the period of restoration. However,
the period of restoration ends in six months and the
favorable lease would have lasted another two years. The two years of an
extra $400 per month in lease payments are not covered. CP 00 60–Leasehold
Interest Coverage under the ISO Commercial Property Program (CPP) is used to
arrange coverage for favorable leases. Related Article: Time Element Coverage Forms Analysis |
·
Consequential
losses other than business income or extra expense.
b.
When
used within this exclusion, the term suspension means either partially slowing
down or completely stopping the named insured's business operations. The term
also means that all or part of a building cannot be occupied by a tenant when
business income coverage applies to leased property.
|
Example: The Golden Age Apartments building has six units. A
fire that involves two units occurs and is confined to them because of
firewalls. The four remaining units remain occupied. Business income coverage
pays for the loss of income for the two damaged units even though the others
remain occupied. |
This additional exclusion applies
to only Coverage Extensions f. Accounts Receivable. The insurance company does
not pay for loss or damage:
|
Example: Mandy set a fire at her employer’s office to
conceal her false entries. Coverage does not apply to accounts receivable
that were entered in error, but other legitimate entries are covered. |
The limits of insurance on the
declarations do not stand alone. This section explains exactly how they and any
special restrictions and extensions apply. The limits on the declarations may
not necessarily be exactly what they seem. It is very important to review this
section to understand exactly how the limits apply.
The limits of insurance for
Section I–Property on the declarations are the most paid for loss or damage in
a single occurrence.
NOTE: Occurrence is not defined. It usually
means an event or a continuous and uninterrupted series of events that causes a
loss.
The most paid for loss or damage
to outdoor signs attached to the building in a single occurrence is $1,000 per
sign.
NOTE: Detached outdoor signs are excluded
unless a limit of insurance is added for G. Optional Coverages
1.
Outdoor
Signs. This optional coverage can also be used to increase the $1,000 limit for
outdoor attached signs. Indoor signs attached to the building are subject to
the building limit. Indoor signs not attached to the building are subject to
the business personal property limit.
The
insurance amounts in Coverage Extensions and Additional Coverages listed below
are in addition to limits of insurance in Section I–Property Limits of
Insurance. This means that the limit for any Additional Coverage that is not
listed is part of and not in addition to those limits. The terms of the
Coverage Extension and Additional Coverage must be examined when applying any
limit.
The
following Additional Coverages with Limits of Insurance are in addition to the
Section I–Property Limits of Insurance:
·
The building limit is automatically increased by the
percentage listed on the declarations. Applying the increase is subject to
item b. below.
Related Article: ISO Businessowners
Program Rating Considerations
·
The amount of increase is determined by multiplying the current limit by
the percentage of annual increase shown on the declarations and is
expressed as a decimal. Multiply this number by the number of days since the
date of the most recent building limit change, then divide by 365.
NOTE: The 08 24 edition changed the
automatic increase from 8% to an amount shown on the declarations.
NOTE: This is how the increase is
pro-rated over the course of the policy year.
|
Example: The insurance limit is $300,000; the automatic
annual increase percentage is 4% and it is the 100th day of the policy year.
The formula is: $300,000 x .04 x 100 divided by 365 = $3,287. The limit of
insurance is $303,287 on the 100th day of the policy period. |
a.
Paragraph 5.b. The Business Personal Property Limit of Insurance is
automatically increased by 25% unless a different percentage is specified in the declarations.
b.
The increase described in 5.a.
above is not automatic. It applies only if the Business Personal Property Limit
of Insurance is at least 100% of the named insured's average monthly values during the
12 months immediately before the date of loss or damage. If the named
insured has been in business for less than 12 months, the period is measured
from the date of loss or damage.
NOTE: This benefit encourages insuring
the property for its full value. Nearly every business experiences
seasonal variations, and it is natural to assume that losses will occur when
stock values are low. By offering this automatic peak-season increase, the
named insured is encouraged to insure properly,
knowing there is an additional limit for that peak period. The advantage that
this seasonal increase coverage has over the peak season endorsement is that
the peak season is not defined. As a result, if sales are higher than expected
and additional inventory must be ordered after the traditional selling season,
the additional inventory is covered. The flexibility of the seasonal increase
is also a limitation, as the named insured triggers coverage only by
maintaining adequate insurance.
|
Example: Perry’s Business Personal Property limit of
insurance is $125,000. A fire loss of $130,000 occurs. A review of the values
for the previous 12 months results in an average monthly value of $110,000.
Because the average monthly value is less than the limit, Perry gets the 25%
seasonal increase. His limit is calculated as $125,000 X 1.25 = $156,250. This
means his $130,000 is totally covered after the deductible is applied. |
NOTE: To be eligible for this
additional coverage, the named insured may have to over-insure at the beginning
of the year or increase coverage during the year to comply with this condition.
Unfortunately, there is no personal property automatic increase endorsement
available to eliminate this problem. The automatic increase provision should
never be sold as a guarantee or as a way to reduce the
amount of insurance simply because an additional 25% is available. This
coverage cushion is available only to businesses properly insured to value.
Property insurance deductibles
are simple. The named insured first pays a specified amount of the loss, and
the insurance company pays the rest, up to the limit of insurance. There are
three possible scenarios:
|
Example: The limit is $50,000, the deductible is $1,000, and
the loss is $250. The named insured pays $250. The insurance company does not
pay anything. |
|
Example: The limit is
$50,000, the deductible is $1,000, and the loss is $10,000. The named insured
pays $1,000. The insurance company pays $9,000. |
|
Example: The limit is $50,000, the deductible is $1,000, and
the loss is $55,000. The named insured pays the $1,000
deductible and $4,000, the amount underinsured. The insurance company pays
$50,000. |
The most deducted for any loss or
damage in any one occurrence for each of the following Optional Coverages is
the Optional Coverage Deductible on the declarations:
These Additional Coverages are
not subject to a deductible:
The named insured cannot abandon damaged
property to the insurance company without the insurance company's consent.
|
Example: The building burns down. The Environmental
Protection Agency (EPA) investigates and the named
insured just wants to get rid of the problem and headaches and attempts to
sign the title to the insurance company. He is not pleased to discover that he
does not have the option to simply give the property to the insurance
company. |
The appraisal process is one of
several alternative dispute resolution methods and is fairly
simple. If the named insured and the insurance company do not agree on
the property’s value or the amount of a covered loss, either can make a
written demand for an appraisal. Each then hires its own independent and
competent appraiser. In turn, the two appraisers hire an umpire. The appraisers
then determine the property's value and the amount of loss. If they
cannot agree on the property’s value or the amount of loss within a
reasonable time period, they submit their differences
to the umpire. A decision agreed to by any two parties is binding. Each party
pays its own appraiser. The named insured and the insurance company each pay
half of the umpire’s expenses.
The insurance company reserves
the right to deny the claim even after the appraisal process.
a.
The
named insured has several important duties to perform and obligations to meet
in case of loss or damage:
·
Notify the
police if a law may have been broken and the insured is aware of it.
NOTE: An insured may not want to
involve the police with minor neighborhood vandalism or similar problems, but notifying them is required if coverage for the
loss or damage is desired. When Employee Dishonesty coverage is provided and a
loss occurs, an employer may be reluctant to notify police if the employee is particularly
valuable or the loss is small. However, many dishonesty claims are small at
first but grow as they are investigated. The insurance company can deny a claim
if the employer attempts to protect the employee by failing to notify the
police.
This is
a significant difference from the Commercial Crime Coverage Form in which the
named insured is not required to notify the policy for any employee dishonesty
loss.
Related
Article: ISO Commercial Crime Coverage Forms and Policies Analysis
·
Promptly
give the insurance company notice of the claim and describe the property
involved.
NOTE: Prompt notification is not
defined, but unreasonable delays could be grounds to deny the claim for lack of
cooperation.
·
Give the
insurance company details of how, when, and where the loss or damage occurred
as soon as possible.
NOTE: This information does not have to
be in writing, but a signed proof of loss that
includes this information will be required at a later date.
·
During and
after a covered loss, take steps to protect covered property from any further
damage. The insurance company pays for reasonable repairs and emergency
measures taken to protect covered property against further damage by covered
causes of loss. The named insured must keep accurate records of the costs of
these repairs, keeping in mind that they do not increase the limit of
insurance. However, the company does not pay for repairs or emergency measures
to property that has not yet been damaged by a covered cause of loss. It also
does not pay for subsequent loss to the repairs unless damage is due to a
covered cause of loss.
|
Examples:
·
The costs of
materials and labor to board up windows in advance of a hurricane are not
covered. ·
Repairs to plywood
coverings made during the eye of the hurricane to replace pieces that the
initial phase of the storm blew off are covered. ·
The cost of
sandbags purchased to protect the property from flood damage is not covered
unless flood is a covered cause of loss. ·
The cost of
plastic sheeting applied to prevent rain from entering the roof after hail
damage is covered. ·
Earthquake damage
to repairs done because of prior tornado damage is not covered. |
If possible, damaged property
must be separated from undamaged property and set aside. It must be kept in
good order and be available for the insurance company to examine.
NOTE: Examining the property is
crucial to determining the cause and origin of the loss, and missing evidence
may lead investigators to conclude that arson or another cause is involved. If
an arson investigation suggests that the named insured may be involved, law
enforcement is called in and newspapers report the case. The higher costs of
counter-investigation and court defense are not covered.
·
Provide a
complete inventory of damaged and undamaged property, including quantities,
costs, values, and the amount of loss claimed when the insurance company
requests this information.
NOTE: The costs to
produce this information can be high, especially if the loss destroyed
the records needed. These costs are not covered.
·
Permit the
insurance company to examine the damaged property to prove that the loss or
damage happened, along with letting it also examine
the named insured's books and records. In addition, give the company samples of
both damaged and undamaged property to inspect, test, and analyze, and let it
make copies of such books and records.
NOTE: Records include property
inventories, values, and losses, as well as tax records, bank records, computer
records, and other related documents, but are not limited to these. Samples are
important for determining the extent of loss to certain property when the
amount of loss may not be obvious.
·
Send a
signed and sworn proof of loss to the insurance company within 60 days of its
request to do so using the forms it provides.
NOTE: A proof of loss is much more detailed
than the initial loss notification. The named insured discloses exactly what
happened and when, identifies the damaged property, substantiates why the loss
is covered, and recommends how much should be paid. All decisions the insurance
company makes are based on this very important document.
·
Cooperate
with the insurance company as it investigates and settles the claim.
NOTE: Failing to do so may constitute a
lack of cooperation, which may be grounds for denying the claim.
·
Resume as
much of the operation as can be resumed as soon as possible.
NOTE: Failing to do so could be grounds
for denying further consequential loss payments, such as business income and
extra expense. If operations will not be resumed, the
insurance company must be notified as soon as possible so that loss payments
are made in accordance with the property loss conditions. Even if operations
are not resumed, business income pays for the loss of income resulting from
operations being suspended after a covered cause of loss during the agreed
period of restoration. The appraisal process can also be used to resolve and
settle business income losses.
b.
If
the insurance company requests it, any insured must agree to be examined under
oath as often as reasonably required and to sign the answers. The company may
require that the individuals involved be questioned separately and not in the
presence of other employees. This prevents collusion and ensures that all
parties do not tell the same story.
Legal proceedings against the
insurance company cannot begin until the named insured complies with all terms
of the insurance policy. In addition, any legal action must commence within two
years of the date of the direct physical loss or
damage.
NOTE: Both parts of this condition
can cause problems. The named insured may have a case against the insurance
company for unreasonable requests for information or for delays. At times, the
only way to obtain action is to ask a judge to determine whether the insurance
company has complied with policy provisions and has made reasonable requests.
The courts may award punitive damages against an insurance company for
unreasonable delays. In addition, state law may override the two-year
limitation on filing suits. In those cases, individual state endorsements
adjust the time limits.
a.
The
insurance company has four options for paying a covered loss. It can pay the
value of the property lost or damaged; pay the cost to
repair or replace it; take all or part of it at an agreed or appraised value;
or repair, rebuild, or replace it with property of similar kind and quality.
When the fourth option is selected, Paragraph d. (1) (e) below, which
specifically excludes costs to meet ordinances or laws, must be followed.
|
Example: It will take an additional six months to replace
the XYZ printing press with another XYZ printing press, but an equivalent FGH
press is available immediately. The insurance company may pay for only the
FGH press. Further loss or expense due to the named insured insisting on the
XYZ printing press may not be covered. |
b.
The
insurance company must give the insured notice of its
intended payment method within 30 days after it receives a properly prepared
sworn proof of loss.
c.
The
insurance company pays only up to the named insured's financial interest in the
damaged covered property.
|
Examples:
·
Paul is remodeling
his office and agrees to sell his desk to Peter for
$5,000. A fire destroys Paul’s office and the desk before Peter arrives. Because
Paul no longer has a financial interest in the desk, he cannot collect
proceeds for it. ·
Jay and Maisy are
insureds on a policy for a commercial building they own. When they file for
divorce, the property settlement stipulates that Jay gets the building and
Maisy gets their house. A fire damages the building. Jay collects since he is
the only one who has an insurable interest in the building at the time of
loss. |
d.
The
value of covered property is determined as follows. It is important to consider
each of these items because not all are valued at replacement cost.
(1) At replacement cost without a
deduction for depreciation. However, there are several stipulations:
(a) The limit of insurance at the
time of loss must be 80% or more of the property's full replacement cost. The
insurance company then pays the cost to repair or replace, without a deduction
for depreciation, but only after applying the deductible. However, this is
limited to the least of the following:
·
The Section
I–Property Limit of Insurance that applies
·
The cost to
replace the lost or damaged property on the same premises with property of
similar quality and used for the same purpose
·
The amount spent
to repair or replace the lost or damaged property
NOTE: If the decision is to build at other than the described premises, the payment is limited
to the expense of rebuilding at the described premises.
|
Examples:
|
(b) If the limit of insurance at the
time of loss is insufficient for replacement cost coverage, the maximum paid is
the larger of the following:
·
The property’s
actual cash value
·
The
proportion of the limit of insurance to 80% of the replacement cost of the
property multiplied by the cost to repair or replace. The 08 24 edition adds an example to explain this concept.
Payment is capped at the limit of insurance
for the property.
|
Example:
The Sergio Office Building is insured
for a limit of $150,000. A windstorm causes $20,000 in
damage to it. An appraisal determines that the replacement value of the
building is $250,000. Because $250,000 X .80 = $200,000, Sergio is not
covered for full replacement cost. The actual cash value depreciation factor is .50
because of the building's age. This means the actual cash
value of the loss is $20,000 X .50 = $10,000. The replacement cost proportional factor is
$150,000/$200,000 = .75. This means the replacement cost proportional loss
value is $20,000 X .75 = $15,000. Because $15,000 is the larger of the two and is
less than the $150,000 limit of insurance, Sergio’s loss is valued at
$15,000. |
(c) The named insured has the option
to postpone rebuilding and instead accept an actual cash value settlement. They
can choose to rebuild later, but must notify the
insurance company of this decision within 180 days of the loss date.
(d) The insurance company does not
pay for any loss or damage on a replacement cost basis until the affected
property is actually repaired or replaced, and unless
the repair or replacement is completed as soon as possible after the loss or
damage. However, if the cost to repair or replace is $2,500 or less, the loss
is settled according to paragraphs d. (1) (a) and d. (1) (b) above, regardless
of whether the repair or replacement is completed.
(e) Costs to repair, rebuild, or
replace do not include any increased amounts required by the enforcement or
compliance with an ordinance or law regulating the construction, use, or repair
of the damaged property.
(2) The named insured has the option
to insure the building for its actual cash value if
the Actual Cash Value–Buildings option is entered on the declarations. In that
case, the provisions of paragraph (1) above do not apply.
(3) Actual cash value always applies
to the following property:
·
Used or
second-hand merchandise for sale or held in storage.
·
Property of others unless a contract specifies the amount for which the named
insured is liable. When a contract specification exists, valuation is based on
the contract terms but not for more than the lesser of the replacement cost or
the limit of insurance.
·
Household
contents. An exception is that personal property in apartments or rooms the
named insured furnishes as a landlord is valued at replacement cost.
·
Manuscripts.
·
Works of
art, antiques, or rare articles. Examples include etchings, pictures, statuary,
marbles, bronzes, porcelains, and bric-a-brac, but this list is not exhaustive.
(4) Glass is valued at the cost to
replace it with safety glazing material, but only when laws require the named
insured to use safety glazing material.
NOTE: This is the only standard
ordinance or law coverage in the Businessowners Coverage Form.
(5) Tenant’s improvements are valued
at replacement cost if repaired promptly and at the named insured’s expense.
Tenant’s improvements that are not replaced
after a loss are valued as a pro rata portion of the
original installation cost as it relates to the named insured’s current lease.
The formula involves dividing the number of days between the date of loss and
the end of the lease by the number of days from the installation date to the
lease expiration date, multiplied by the original cost of the tenant’s
improvements. If the lease has a renewal option, the last date in the option is
used as the new expiration date. No payment is made if repairs are made at the
expense of others.
|
Example: A loss occurs on the 200th day of a one-year lease.
$5,000 in improvements was installed on the first
day of the lease. The lease does not have a renewal option. 365 days minus
200 days equals 165 days remaining in the lease. There are 365 days between
the installation date and the end of the lease. 165 days divided by 365 days
equals .452 x $5,000 equals $2,260. This is the amount of loss payment before
applying any deductible. |
(6) Optional Coverages are subject to
separate specific valuation methods. Money is valued at its face value.
Numismatic property, such as old coins or gold coins traded based on gold
content instead of face value, is still adjusted based on only the face value.
There is no standard
Businessowners Program endorsement that covers collections or gold coins.
Extensive gold holdings require special coverage arrangements on other coverage
forms and policies.
NOTE: If gold or silver coins are in a
bank safe deposit box, check with the bank for their coverage and limits. If a
gold or silver broker holds them, check with the broker on available coverage.
Few insurance companies insure gold or silver investment coins.
The value of securities is their closing
price at the close of business on the day the loss is discovered.
|
Examples: ·
The bearer bond is valued
at $100 on the date of loss. When the loss is actually paid, the class of
bonds trades at $65 per bond. The loss payment is based on the $100 per bond
value on the date of loss. ·
The bearer bond is valued
at $100 on the date of loss. When the loss is actually paid, the class of
bonds trades at $125 per bond. The loss payment is based on the $100 per bond
value on the date of loss. |
(7) Accounts Receivable only:
·
When the amount of accounts receivable outstanding at the time of
loss cannot be determined accurately, the insurance company determines the
total of the average monthly amounts for the last 12 months immediately before
the month when the loss occurred. It also adjusts that total for any normal
fluctuations that usually occur based on any demonstrated variance from the
average for that month.
·
Certain
amounts are deducted from this total. Deductions include any amounts
that did not incur loss or damage; amounts from accounts the named insured
re-establishes or collects; amounts for probable bad debts that are not usually
collectible; and any unearned interest and service charges.
e.
Payment
for loss or damage to personal property of others is for only the property
owner’s account. The insurance company adjusts the loss with
the owner. Paying the property’s owner satisfies the named insured’s claim
against the insurance company for property of others.
Payment is not for more than the property
owner’s financial interest in the property.
f.
If
the property owner sues the named insured, the insurance company can choose to
defend the named insured. In that case, any defense costs are at the insurance
company’s expense.
|
Example: The customer’s riding lawn mower is in for repairs
when a fire destroys the named insured’s building. The insurance company
offers and pays the mower’s $1,000 actual cash value, the amount it is
required to pay. The customer is unhappy, demands an additional $1,000, and
then sues the named insured. The insurance company will probably not pay the
additional $1,000, but it can defend the insured at its own expense if it
chooses to do so. The insured cannot seek more money from the company and
must pay the difference from its own funds. |
NOTE: Bailees coverage on property of
others is usually broader.
Related Articles:
ISO Bailees Customers
Coverage Form
g.
The
insurance company has 30 days to pay the loss after it receives the named
insured's sworn proof of loss. This time period does
not begin until all policy terms are complied with, the parties agree on the amount
to be paid, or an appraisal award is made.
h.
Party
Walls
Buildings that abut one another often share a
party wall. This wall separates the two buildings but is also part of each
building. Loss settlements are not affected if the same insured owns both
buildings. However, loss settlements may be more difficult if different
insureds own the shared party wall.
When both building owners plan to repair and
rebuild, each insurance company pays its insured’s proportional share of the
damage to the party wall. However, if the named insured wants to rebuild but
the other building owner does not, the insurance company for the rebuilding
owner pays the full value of the party wall. The insurance company that paid then
has the right to subrogate against the adjoining building owner.
|
Example: Titanic
Tim's Toys and Jungle Jim's Jazzercise occupy adjoining buildings with a
common party wall. A fire caused by smoldering cleaning rags stored in an
unapproved container on Jim's premises results in
serious damage to both businesses. Tim decides to proceed with the necessary
repairs, but Jim throws in the towel and goes out of business. Tim's
insurance company pays the full value of the party wall and then weighs its
options before deciding whether to pursue its subrogation rights against Jim.
|
Either the named insured or the
insurance company can recover property. The recovering party must inform the other promptly. Recovered property includes items taken by
police from burglars or property for which salvage was paid to either the
insured or the insurer. The named insured can choose to keep the recovered
property and return the insurance payout to the insurer, or
retain the payout and allow the insurer to keep the recovered property as
salvage.
If the insured can restore normal
operations by using salvaged undamaged or damaged property at their premises or
elsewhere, the business income loss is decreased proportionally to the ability
to continue operations. This wording suggests that if operations can be resumed
with such goods, the insurance company covers only the business income loss as
if operations were resumed, regardless of whether the insured chooses to do so.
NOTE: Questions often arise about what
constitutes a reasonable time to restart operations. If the insurance company
asks the insured to use damaged or unattractive back-office machines that are
safe and produce acceptable results, it may refuse to pay if the insured
declines. On the other hand, if the insurance company thinks the insured can
resume retail activities through a fire or salvage sale, but the insured fears
this could harm their brand and reputation, the insured may have grounds to
claim business income reimbursement since restarting operations would be
unreasonable.
Extra expense coverage ends when
the named insured is able to resume normal operations.
There is no explanation for how this is accomplished.
a.
Terms
(1)
With respect to the terms building and vacant used in this condition:
·
If the named insured is a tenant, building refers to the part they rent
or lease. This means that the rented or leased area is not considered vacant
unless it lacks sufficient business personal property for the insured to carry
out normal business activities.
|
Example: Friendly Deli occupies 25% of the McMillan
Building. Felix the Cat Groomers occupied the other 75% but moved out. The
building owner is currently in the ninth month of searching for a tenant to
replace Felix. A small fire breaks out in the vacant portion of the building,
and the resulting smoke causes significant damage to Friendly’s space.
Friendly Deli’s loss settlement is unaffected by the vacancy in the other
part of the building, even though the building is considered vacant. |
·
If the named insured owns the
building or is a general lessee, the building is considered the entire
structure. It is deemed vacant unless the owner or a lessee/sub-lessee utilizes
at least 31% of the total square footage for their usual activities.
NOTE: The
key word is “customary.” If the building owner, lessee, or sub-lessee is a
retail business (and that is the customary operation), claiming the building is
being used for storage is not a way to circumvent the definition of vacancy.
(2)
Buildings being constructed or renovated are not treated as vacant.
NOTE: Buildings
under construction or renovation are not classified as vacant. While the
insured may attempt to slightly extend the non-vacancy period to obtain
coverage, the insurance company might try to consider a building under
construction or repair as vacant to limit or deny coverage. A building
temporarily vacated for major renovations is not vacant if the tenant plans to
return and occupy it immediately after the work finishes.
|
Example:
The Jones Office Complex consists of
four separate buildings and has struggled to retain its tenants. Building 1
is fully occupied by a single tenant. Building 2 is only 20% occupied by a
retail shop, and the rest of the building has been vacant for more than six
months. Building 3 has multiple tenants but remains 15% vacant. Building 4
has just been rented out, pending completion of major renovation work. A
contract has been signed, and renovation is underway. A major storm damages all four buildings. Based on
the definition of vacancy, Buildings 1 and 3 are not vacant and are fully
covered. Building 2 is vacant and subject to a vacancy penalty. Building 4 is
being renovated, is not considered vacant at the time of loss, and is not
subject to a vacancy penalty. |
b.
Vacancy Provisions
If the
building that sustains loss or damage was vacant more than 60 consecutive days
before the date of loss:
(1)
The insurance company does not pay for loss or damage from vandalism,
sprinkler leakage from a system that was not protected against freezing,
building glass breakage, water damage, theft, or attempted theft, even if they
are covered causes of loss.
(2) Losses
due to covered causes of loss other than those listed in (1) above are reduced
by 15%.
|
Example: Continuing the example above, the loss or damage to building
2 in the Jones Office Complex Center is penalized by 15% because the damage
was caused by a storm, not by one of the listed excluded causes of loss. |
NOTE: Insurance companies are
interested in insuring only successful, ongoing businesses and their pricing
contemplates an active occupancy. For this reason, vacant properties are
subject to a significant rating surcharge. Because vacancy is frequently not
discovered until after a loss occurs, the Loss Conditions restrict coverage if
the vacancy is not disclosed in advance.
Acts or negligence by individuals who are not
the named insured or under its control do not impact
the insurance coverage.
|
Example: A disgruntled former employee burns down the named
insured’s building. Rioters break windows in the building and steal goods
that belong to others. These losses are covered. |
In addition, if the named insured breaches
one or more policy conditions at one location, coverage at other locations is not
affected if the breach condition does not exist there.
|
Example: The
named insured's partner burns down the named insured’s headquarters building.
Coverage does not apply. In an unrelated incident on the same day, a car
skids off the road, slams into the wall of the named insured’s second
location, and damages it. The damage to the second location is covered. |
a.
Trustees
are included as mortgageholders.
NOTE: Mortgageholders and trustees have certain
rights. They have the right to be reimbursed for losses the insured voided
through misrepresentation, fraud, or criminal activity, such as arson.
b.
Payments
for loss or damage to covered buildings to involved mortgageholders
are made in the order of precedence, based on their
respective interests.
NOTE: Mortgageholders need to be listed on the
declarations, and loss payments follow the order of listing. Property law
considers the first-filed mortgage as having priority, typically recorded as a
deed amendment. To avoid legal issues, the named insured should verify the correct
order of mortgageholders. The first mortgageholder is generally paid first, with second and
subsequent mortgageholders being paid only after the
first is indemnified.
c.
Mortgageholders have the right to receive loss
payments even if they have initiated foreclosure or similar proceedings on the
building or structure involved.
d.
If
the insurance company denies the named insured's claim because of the named
insured's actions or failure to comply with policy terms, the mortgageholder still has the right to receive loss
payments. To do so, the mortgageholder must:
·
Pay any
overdue premium the named insured failed to pay when the insurance company
requested.
·
Submit a
properly executed proof of loss within 60 days after the insurance company
notifies the mortgageholder that the named insured
failed to do so.
·
Notify the
insurance company of any change in ownership, occupancy, or risk that it knows about.
e.
The
insurance company may pay a mortgageholder for a loss
and not pay the named insured because of its acts or failure to comply with
policy terms. In that case, the mortgageholder's
rights transfer to the insurance company to the extent of its payment. However,
the mortgageholder's right to recover the full amount
of its claim is not affected.
On the other hand, the insurance
company can choose to pay the mortgage holder the full principal amount plus
accrued interest, in return for receiving the mortgage and note, while the
named insured clears its remaining mortgage debt with the company.
f.
The
insurance company must provide at least ten days' written notice of
cancellation to the mortgageholder if the named
insured fails to pay the premium. For any other reasons, the notice period is
at least 30 days.
g.
The
insurance company provides the mortgageholder with at
least 10 days' written notice prior to the policy's non-renewal date.
NOTE: Laws in most states may require
longer notification periods than 10 days for non-renewal and 30 days for most
other reasons. However, most approve the 10-day notice
for non-payment of premium.
This insurance only benefits the
named insured; it does not cover anyone else who has custody of the covered
property.
The insurance company pays for loss
or damage under Section I–Property that occurs:
a.
During
the policy period on the declarations. It begins at 12:01 a.m. standard time at
the named insured's mailing address on the declarations.
NOTE:
The policy
period is usually one year or three years.
b.
Within
the coverage territory
The coverage territory includes
the United States of America, its possessions and territories, Puerto Rico, and
Canada. Property is protected while in transit within this coverage area.
NOTE: Transit can include air, land, or
water, including travel to Hawaii, Guam, Puerto Rico, and Alaska that involves
travel over international waters. The insurance limit is $10,000 for Coverage
Extensions b. Personal Property Off-premises. As a
result, motor truck cargo or another form of transportation coverage may be
necessary when higher limits are needed.
Related Articles:
AAIS Transportation
Coverage Forms
ISO Annual Transit
Coverage Form
ISO Motor Truck Cargo
Owners Coverage Form
ISO Trip Transit Coverage
Form
If one or more of the following
Optional Coverages apply, a limit must be entered in the declarations for each
applicable coverage. Each selected coverage is subject to the property coverage
terms and conditions in this policy, except as stated below.
a.
The insurance company pays for direct physical loss
or damage to outdoor signs at the described premises.
The outdoor signs may be owned by the named insured or by others and be in the
named insured’s care, custody, or control.
NOTE: Wooden
signs not located at the specified premises can be insured as separate
structures with their details included in the declarations. Use Inland Marine
Coverage Forms to insure neon and electric signs, whether on or off the
premises.
Related Articles:
b.
Signs are not subject to A.3. Covered Causes of Loss
or B. Exclusions. The cause of loss, as stated in a. above is “direct physical
loss or damage.” The only exclusions that apply are the following:
·
B. 1. c.
Governmental Action
·
B .1. d. Nuclear Hazard
·
B. 1. f. War and Military Action.
NOTE: Governmental action is an
important exclusion because most municipalities have ordinances that regulate
how signs are placed and used. Many require sign bonds for signs that overhang
public thoroughfares, sidewalks, or rights-of-way, or for signs that exceed a
certain size or height. The sign could be forcibly removed by the governmental
authority if it did not meet the ordinances.
c.
Coverage also does not apply to loss or damage due
to wear and tear, hidden or latent defect, rust, corrosion, or mechanical
breakdown.
d.
The most paid in a single occurrence for loss or
damage is the Outdoor Signs Limit of Insurance on the declarations.
NOTE: Signs are covered for the limit
on the declarations. Outdoor sign coverage that Coverage Extensions c. Outdoor
Property otherwise provides does not apply when this optional coverage is
added.
e. These
provisions supersede and replace all other references to outdoor signs in the
coverage form.
|
Example: If
the value of a sign is $5,000, do not subtract the $2,500 limit the coverage
extension provides and enter a $2,500 limit on the declarations. The limit on
the declarations should be $5,000. |
NOTE: There are no limitations on the
sign's construction.
a.
Coverage
applies to loss of only the named insured's money and securities used in its
business while at any of the following:
·
Banks or
savings institutions
·
Inside the
named insured's living quarters
·
Inside the
living quarters of a partner, employee, leased employee, or temporary employee while that person has custody and use of the money and securities
·
At the described premises
·
In transit
between the places listed above
Direct loss caused by theft is
covered. In addition, direct loss because money and securities disappear or are
destroyed is also covered.
NOTE: Crime
Coverage Forms provide coverage only within the interior of a bank or savings
institution. BP 00 03 covers only money and securities while at a bank or a savings
institution. As a result, this can be broadly interpreted to mean while in the
bank, at the drive-through, at the outside night deposit drop, or at the
outside Automated Teller Machine (ATM). An ATM at a location away from the actual
bank building might even be construed to be an extension of the bank or savings
institution. In other words, an ATM may be treated as a branch of the financial
institution. Coverage within the living quarters of the insured’s employee,
leased employee, or temporary employee must also be interpreted broadly,
especially when determining what it means that such a person must have use and
custody of the property. A final concern is what the coverage means when it
states that it covers money and securities in transit between the locations.
There is no statement as to who actually control or custody of the money and securities must have while it is
in transit or how long it can be in transit.
|
Example: The employee takes the night deposit to the bank
and finds that the drop is out of order. She decides to visit a friend and
leaves the money in her car during the visit. The car is broken into and the
money is taken. |
|
|
In addition, employees who make
stops for reasons other than to properly deliver money or securities could create
questions as to whether the money was in transit to the financial institution
or was in their living quarters. There is no requirement to take a direct route,
but a significant deviation could be grounds to deny a claim. A significant
deviation could also lead to an investigation into whether the claim was actually an employee dishonesty claim that this Optional
Coverage does not insure.
b.
In
addition to the Section I–Property Limitations and Exclusions, coverage does
not apply to losses caused by or that result from accounting or arithmetical
errors or omissions, giving or surrendering property in any exchange or
purchase, or property contained in money operated devices that do not have continuous
recording devices.
NOTE: Property in vending machines,
arcade machines, and other money-operated mechanical or electronic devices is
excluded unless the device continuously records the transactions and amounts.
|
Examples:
|
c.
The
most paid for a single loss that occurs inside the named insured’s
described premises or inside a bank or savings institution is the limit on the
declarations for money and securities inside the premises. The most paid for a
single loss that occurs at any other location or while in transit is the
outside the premises limit on the declarations.
d.
Regarding
this Optional Coverage, premises refers to the
interior area of the part of any building you use for
your business operations.
e.
All
losses are treated as a single occurrence, no matter how many people are
involved or whether it was a single act or multiple acts.
f.
The
named insured must maintain accurate records of all money and securities to
verify loss amounts.
NOTE: This includes cash register
tapes, computer reports, logs, and sales slips to verify a loss. Information
that identifies a security’s issuer, serial number,
date, and complete description should be at a different location than where the
security is kept. All securities, especially negotiable securities, should be
stored in a safe deposit box or other secure place.
a.
The
insurance company pays for direct loss of business personal property and money
and securities due to dishonest acts its employees commit, whether they act
alone or collude with others to do so. However, it does not include actions by
the named insured or a partner. For coverage to apply, the act must be intended
to cause the named insured to sustain a loss and to benefit the employee, other
persons, or other organizations.
NOTE:
The term employee as used in this optional coverage is broad. It is not defined
within the Definition section but is defined later in this optional coverage.
b.
There
is no coverage for loss or damage:
·
Due to dishonest
acts by the named insured, its partners, or members, whether they act alone or
collude to do so.
·
For
dishonest acts by managers or directors who act alone or who collude with
others. Such acts are excluded when they are providing a service to the named
insured or performing a service for others.
·
For
dishonest acts of employees, except as a. above provides, while in collusion,
acting alone, or while they are performing for the named insured or performing
services for others.
·
If the only
proof that a loss occurred is an inventory or a profit and loss calculation
·
Losses an employee causes if both of the following apply:
o The
employee committed a dishonest act or theft prior to the inception
date of this policy
o Any of
the named insured’s partners, members, managers, officers, directors, or
trustees knew about that employee’s prior dishonest act or theft. This item
does not apply if the individual who knew about the incident colluded with the
employee.
c.
The
most paid in a single occurrence is the Employee Dishonesty Limit of Insurance
on the declarations.
d.
Loss
or damage caused by one or more persons, or that
involves a single act or a series of acts, is considered a single occurrence.
e.
If
the current policy and a previously terminated or cancelled policy that the
same or an affiliated insurance company issued to the named insured both cover
a loss, the amount paid is limited to the largest amount that any policy provided,
regardless of the number of years it was in effect. Limits are not cumulative
from year to year.
NOTE: This provision eliminates
stacking limits from two or more policies due to a series of acts.
|
Example: Floyd’s Meat Market has the best steaks in town.
Ernie is the head butcher and has taken steaks home with him at least once a
week for over ten years but never tells Floyd. Ernie finally recognizes the
error of his ways and confesses to Floyd. Floyd
suddenly realizes that Ernie has stolen $6,000 worth of steaks over the past
10 years. His claim is for $60,000 since he has been with the same company
the whole time. The loss is capped at $10,000 because the Employee Dishonesty
Limit of Insurance is $10,000. |
f.
This
coverage is cancelled with respect to a specific employee as soon as the named
insured or one or more of its partners, members, managers, officers, or
directors who are not in collusion with the employee become aware of dishonest
acts the employee committed before or after he or she was hired.
|
Example: Floyd at Floyd’s Meat Market really likes Ernie and
wants to keep him as an employee. The policy permits this, but coverage does
not apply to Ernie if he commits any other dishonest acts. Even if Floyd did
not report Ernie’s actions, Ernie is not covered going forward because Floyd
knew about the situation. |
g.
Losses
must occur during the policy period and be identified within one year after the
policy ends.
h.
If
the named insured had a covered loss in a previous policy period but did not
discover it until after its discovery period expired, the current policy covers
the loss as long as there was no break in coverage from the previous policy and
the current policy would have covered the loss or damage if it was in effect at
the time of loss.
|
Example: The policy for John’s Pizza and Deli has been in
force continuously since the business started ten years ago. The policy dates
are 01/01 to 01/01 of each year, and it has always included employee
dishonesty coverage. John hired Joanne as a cook two years ago. During the
time she was employed, from 01/14/21 to 07/13/21, John noticed a strange
pattern in the inventory. He couldn’t prove anything but suspected that
Joanne was taking inventory. She ended her employment and was arrested in connection with theft at another pizza place in June 2022.
She was a first-time offender and confessed to all previous crimes, including
her thefts at John’s. John reported the crime as a claim to the company that
provided coverage for the 01/01/21 to 01/01/22 policy period. The company
denied the claim. He then forwarded the claim to the current carrier, and its
coverage paid the claim submitted. |
i.
The
insurance in paragraph h. above is limited to the lesser of the limits on the
current policy or the limits on the policy in effect when the loss occurred.
j.
This
Optional Coverage defines employee. When used in employee dishonesty, an
employee is any natural person:
·
While
working for you and during the 30 days following the end of their service,
unless their termination is due to theft or another dishonest act by the
employee.
·
Who acts as
a temporary substitute for a regular employee or one
hired for certain short-term situations.
·
Leased under a written agreement with a labor leasing business to perform
certain duties. This does not include temporary employees.
·
A former employee, partner, member, manager, director, or trustee the named insured hires as a consultant to provide services
for the insured.
NOTE: (08
24 edition made a slight change to the list in this category).
·
Who is a guest student or intern while
working on their studies or duties.
·
A manager, director, or trustee acting within
their normal job responsibilities or serving on a committee elected or
appointed by the board of directors or trustees. Their acts are specific and
distinguished from general or broad directions.
Independent
contractors are not employees.
ISO
uses the term “natural person” in the definition above. A natural person means
a living, breathing individual. Unnatural persons are
entities, such as corporations, that have rights and obligations as defined by
law.
NOTE: This definition of employee matches the same
definition in the ISO crime coverage forms.
Related
Article: ISO Commercial Crime Coverage Forms and Policies Analysis
k.
If either the insured or the
company recovers property involved in the loss under this Optional Coverage,
that party must notify the other one as soon as possible. That recovery will be
applied to the loss as follows (net of expenses):
(1)
First, the insured will be paid to satisfy the covered loss or damage that
exceeds the amount paid under this Optional Coverage;
(2)
Second, the company will be reimbursed for the loss settlement amount paid
under this Optional Coverage;
(3)
Third, the insuserd will be paid for any deductible
that was applied.
(4)
Fourth, the insured will be paid for loss or damage to such property not
covered under this Optional Coverage.
Recoveries
exclude any recovery from insurance, suretyship, reinsurance, security, or
indemnity obtained for the benefit of the company. Also excluded are original
securities after duplicates have been issued.
Note:
Paragraph E.6. (Recovered Property Property Loss
Condition) of Section I Property does not apply to this Optional Coverage.
a.
The
insurance company pays for loss or damage directly caused by or that results from
electrical failure or mechanical breakdown to covered property. Covered property is electrical, mechanical, or pressure
machinery and equipment. This coverage does not include:
·
Adjustments,
alignments, calibration, modifying, cleaning, and other types of malfunctions.
·
Any leakage
from valves, fittings, shaft seals, gland packing, joints, or connections.
·
Damage to vacuum
or gas tubes or brushes.
·
Operations
of protective or safety devices.
b.
A.
Coverage 4. Limitations a. (1) and (2) do not apply to this Optional Coverage.
This is because both relate to limitations to boilers
and water heaters that do not apply because of this optional coverage.
c.
B.
Exclusions B. 2. a. Electrical Apparatus, B. 2. d. Steam Apparatus, and B. 2. l.
(6) Mechanical Breakdown do not apply with respect to this Optional Coverage.
d.
G.
Optional Coverages 1. c. (5) that excludes coverage for mechanical breakdown of
signs in G. Optional Coverages 1. Outdoor Signs does
not apply with respect to this Optional Coverage.
e.
Any
dollar amount of deductible listed for this Optional
Coverage in the declarations is subtracted from the total loss before the
insurance company pays the remaining amount, up to the insurance limit. The
property deductible applies if no separate deductible is specified.
f.
The
72-hour time deductible in the definition of period of restoration that applies
to business income can be changed for this coverage. This is done by entering a
different time period in the declarations for business
income and/or extra expense mechanical breakdown.
NOTE: Time deductibles expressed in a
number of days mean that a day consists of 24 consecutive hours.
With respect to this Optional
Coverage, any time deductible listed in the declarations replaces any other
time deductible that would otherwise apply to business income coverage.
g.
With
respect to this Optional Coverage, the definition of computer
is broadened to include computers that operate production equipment and
machinery.
h.
Any
representative of the insurance company may suspend this Optional Coverage as
it applies to any covered property found to be in or exposed to a dangerous
condition. The suspension can be lifted and coverage reinstated once the reason
for the suspension is resolved and no longer exists.
The insurance company suspends or
reinstates this Optional Coverage by mailing or delivering written notice to either the named insured's last known address or
the address where the affected equipment is located. The notice must include
the date coverage is suspended or reinstated. The insurance company refunds
premium on a pro rata basis if coverage is not reinstated. However, the
suspension is effective even if there is a delay in offering or making a
refund.
Defined
words are used throughout the coverage form. These are not mere dictionary
definitions. Instead, they are often used to broaden or to restrict coverage.
This means that they are very important to review when analyzing coverage.
Fourteen terms are defined.
This includes any electronic
equipment that can be programmed to store, retrieve, and process data, as well
as all equipment needed to support its function. It does not include computers
used to operate production machinery and equipment.
This is a copy made to imitate
the genuine article with the intent to defraud and to be taken as real money.
This is an all-encompassing term.
It means information, facts, or programs on computer software. It also includes
media, data, programs, and software wherever and however stored. There is no
requirement that the named insured must own it or that it must be on the
premises.
This includes any and every type
of fungus, as well as any by-products fungi produce or release. This includes
mold, mildew, spores, scents, and by-products, but is not limited to just these.
This is a
director of a limited liability company.
This is an
owner of a limited liability company. Members may also be managers.
This is currency, coins, and bank
notes in current use that have a face value. It also includes traveler’s
checks, register checks, and money orders held for sale to the public.
These are the named insured’s business activities that take place at the described premises.
This begins 72 hours after an occurrence of direct physical loss or damage for business
income coverage, but immediately for extra expense coverage. It ends on the
date the property should be repaired with reasonable
speed and to a similar quality, or on the date business
resumes at a new, permanent location. It does not include any extended period
due to enforcement or compliance with any law, or for pollution assessment,
testing, cleanup, or removal. It also does not apply to increases resulting
from enforcing or complying with ordinances that regulate construction or require
that pollutants be monitored, tested, or neutralized. It is not affected by the
policy expiration date.
These are any solid, liquid,
gaseous, or thermal irritants or contaminants. They include smoke, vapor, soot,
fumes, acids, alkalis, chemicals, and waste. Waste includes products to be
recycled, reconditioned, or reclaimed.
These are negotiable and
non-negotiable instruments or contracts that represent money or other property.
This includes tokens, tickets, revenue, and other stamps, or unused postage in
a meter. It also includes evidences of debt such as
charge slips used in charge cards the named insured did not issue. It does not
include money itself.
This means only the following
causes of loss: Fire, lightning, explosion, windstorm, hail, smoke, aircraft,
vehicles, riot, civil commotion, vandalism, leakage from fire extinguishing
equipment, volcanic action, and weight of snow, ice, or sleet. The following
are also considered specified causes of loss:
a.
Sinkhole
collapse is the sudden sinking or collapse of land into spaces created by water
acting on dolomite or limestone. The coverage provided does not include the
cost to fill sinkholes or any sinking or collapse into man-made underground
spaces.
b.
Damage
that falling objects causes is
covered. However, coverage does not apply to loss or damage to personal
property left in the open. It also does not apply to loss or damage to the
interior of a building or to personal property inside the building unless the
falling object first damages the building’s roof or an outer wall.
|
Example:
The bookshelf at Maury’s Book Store
falls and lands on top of the reading chairs. There is no coverage for the
bookshelf, the books on the bookshelf, or the reading chair. |
k.
Water
damage is accidental discharge or leakage of either of the following:
·
Water or steam, but only when caused by the plumbing, the heating,
ventilating, or air conditioning system, or an appliance on the described
premises, cracking or breaking apart. The system must contain water or steam. However, this coverage
does not apply to sump systems.
·
Water or waterborne material, but only when caused by a water or sewer
pipe located off premises that cracks or breaks apart caused by wear and tear.
The water or sewer pipe must be situated outside the described
premises and part of a potable water supply or sanitary sewer system
managed by a public or private utility provider, authorized by the state or
local government where the premises are located.
This definition is limited by conditions in the Water Exclusion. Any
situation the Water Exclusion excludes is not considered water damage. Two
examples are provided as to when situations may appear to be water damage but
are not because the Water Exclusion excludes them.
ISO
Example 1: Weather-induced flooding causes a pipe to break apart, causing water
damage. There is no coverage, even if wear and tear contributed to the pipe
breaking, because flooding caused it to break.
|
Example:
The water on the Wabash River crests at 15 feet above flood stage. Krimp’s
Crumpets’ basement is flooded. The impact of the flood breaks
75-year-old pipes, resulting in water damage to upper areas the flood did not
reach. There is no coverage because the flood caused the pipes to break. |
ISO
Example 2: A pipe breaks because of wear and tear. Damage that occurs after
that break due to weather-induced flooding, or damage that worsens because of the
flooding, is excluded.
|
Example:
The water on the Wabash River crests at 10 feet above flood stage. Liz noticed a leak in
her bathroom earlier in the day and contacted a plumber to correct it. As a
vigilant store owner, she turned off the water to the pipe in
order to prevent damage. The flood entered her basement, and the
impact of the water sheared off the cutoff valve. The water damage that
occurred when the water restarted in the bathroom is excluded because the
weather-induced flood aggravated it. |
This is goods held in storage or for
sale, raw material, goods-in-process, or finished goods. It also includes their
packing and shipping supplies.
These are inscribed, printed, or
written documents, manuscripts, and records. It also includes abstracts, books,
deeds, drawings, films, maps, or mortgages. It does not include money and securities.
Highlights of the differences
between the ISO Commercial General Liability Coverage Form and the
Businessowners Coverage Form Liability Coverage
Related Article: Compare: ISO
Businessowners Program Coverages to Non-Businessowners Coverages
This section of the ISO
Businessowners Coverage Form is similar to the ISO
Commercial General Liability (CGL) Coverage Form. However, there are some
important differences.
a.
The
insurance company pays damages to third parties due to covered occurrences of
bodily injury, property damage, and personal and advertising injury. This is
subject to the limits of insurance and the named insured's legal obligation to
pay. The amount the insurance company pays for damages is limited as described
in Section II–Liability D. Liability and Medical Expenses Limits of Insurance.
The
insurance company has the
right and duty to defend against all suits brought against the named insured
that are covered by the insurance. The insurance company controls all decisions
on the occurrence and offenses, claims,
or suits it investigates, defends,
and/or settles. Its responsibility to defend ends when claims payments or settlements use up the limit of insurance
that applies to a given loss.
NOTE: Defense coverage is for the
insured's benefit. There is no duty to defend against any suit seeking damages the
insurance does not cover. This wording clarifies the intent to defend only
claims or suits covered by the insurance and should
eliminate any confusion or ambiguity regarding when defense is available.
|
Example:
The Businessowners Coverage Form
provides liability coverage on Anton's Army-Navy Store with a $1,000,000
limit of insurance. Anton's negligence causes an explosion that injures a number of people and damages several other premises.
Each injured person and property owner files a separate claim for injury or
damage. The insurance company settles with the
injured persons. Once the $1,000,000 limit is completely exhausted, it is no
longer obligated to defend the remaining lawsuits. |
Related Court Case: Defense Obligation
Ended When Court Determined Insurer Did Not Have Duty to Indemnity for
Contamination
The insurance company is not
obligated to provide or perform any other acts or services, or to pay any other
expenses or sums, except those under Coverage Extension–Supplementary Payments.
b.
Insurance
applies:
(1) To only bodily injury and
property damage:
(a) Caused by an occurrence that
takes place in the coverage territory
|
Example: Fred's Finer Foreign Frillery has an operation
in Hong Kong, and its products are both manufactured and distributed from
there. These products are excluded based on the definition of coverage
territory. On the other hand, products manufactured in the United States but
sold in Hong Kong fall within the coverage territory, as do products
manufactured in Hong Kong and sold in the United States. |
(b) That takes place during the
policy period
NOTE: The occurrence resulting in bodily
injury or property damage may occur at any time. Only bodily injury or property
damage occurring within the policy period is covered.
|
Example: A
truck ran over a shallow water pipe on Melvin’s premises. The pipe leaked for
over a year, and no one noticed until Sally, a four-year-old girl, was on the
premises and fell into a hole the leak had caused on Melvin’s property. After
Sally was rescued, her parents sued Melvin for her injuries. Coverage applied
under the policy for the policy period in which Sally was injured. Coverage
did not apply to the policy for the policy period in which the initial pipe
break occurred because no bodily injury or property damage occurred at that
time. |
(c) If the named insured or anyone
who becomes an insured because of the type of business entity is aware of
bodily injury or property damage occurring fully or partially before the
current policy period, the current coverage does not cover that event.
Additionally, any continuation, change, or resumption of that injury or damage
during the current policy period is considered known before the policy began.
This also applies if an employee authorized by the named insured to report
claims is aware of bodily injury or property damage that occurred during the
previous policy period.
(2) Insurance applies to personal and
advertising injury caused by offenses related to the business committed in the coverage territory during the policy period.
NOTE: The word committed replaces the words occurred or occurrence. This means that this coverage
is much different than bodily injury and property damage coverage. Occurrence
has a long, controversial history, while committed is much clearer. Rather than
defining the term, the Businessowners Coverage Form relies on its plain
meaning.
Related Court Case: Personal Injury
Liability Coverages Held Applicable to Claim for Damage to Reputation
c.
Bodily
injury and property damage taking place during the current policy period are covered.
In addition, coverage applies to bodily injury and property damage that occurred
in prior policy periods that were unknown to the named insured, to anyone who
became an insured because of the type of business entity, or to an employee
authorized to provide notice. The Businessowners Coverage Form also covers any
continuation, change, or resumption of bodily injury or property damage after
the policy period ends.
d.
The
date of knowledge of bodily injury or property damage is the earliest that the
named insured, anyone who became an insured because of the type of business
entity, or an employee authorized to provide notice did any of the following:
·
Reports any
part of the occurrence or claim to the insurance company.
·
Receives a
written or verbal demand or claim for damages.
·
Becomes
aware in any other way that bodily injury or property damage has begun or is
beginning to occur.
e.
Bodily
injury damages include damages claimed for care, loss of services, or death.
All must result from the bodily injury, but they can occur at any time.
|
Example: Prather was injured when he fell over a display on
a sidewalk in front of Robinson’s Books. He was hospitalized and suffered
from respiratory failure during surgery. He survived but entered
rehabilitation and then a nursing home before dying five years after the
initial fall. The care, loss of services, and death are all considered bodily
injury damages from the fall. |
f.
Coverage
Extension–Supplementary Payments
(1) These payments apply to any claim
or suit the insurance company defends, investigates, or settles. They do not
reduce the limit of insurance.
(a) All expenses the insurance
company incurs.
(b) Costs
of bail bonds
required because of accidents or violations of traffic laws that result from
use of any vehicle that bodily injury liability covers. Payment is limited to $250.
The insurance company is not required to furnish these bonds.
(c) Costs of bonds required in order to release attachments. Payment is limited to the
amount of the bond within the limit of insurance. The insured is responsible
for the costs in excess of the bond amount and the
limit of insurance. The insurance company is not required to provide these
bonds.
(d) Reasonable expenses the insured incurs to assist the insurance company in investigating or
defending claims or suits. However, they are paid only when the insurance
company requests the insured’s assistance. This includes actual loss of
earnings up to $250 a day for time away from work.
(e) A suit's court costs that are the
insured's responsibility. This does not include attorney fees or expenses that
are the insured's responsibility.
NOTE:
This restriction can be very costly to the insured, especially when a court
assesses a proceeding’s costs and expenses against the negligent party.
(f) Prejudgment interest awarded
against the insured for the part of the judgment the insurance company pays.
However, once the insurance company offers to pay the limit of insurance, no further
prejudgment interest will be paid.
(g) Interest on
the full amount of a judgment that accrues after it is entered but before the
part within the limit of insurance is paid.
None of
the payments described above reduce the limit of insurance.
(2)
An insured may
agree to reimburse another party (indemnitee) for damages when both are sued.
One example is when the insured asks that an entity be added as an additional
insured because of a contractual relationship. When a suit is presented and the
insurance company defends the insured, it also defends the indemnitee but only
when all of the following apply:
(a) The damages the suit seeks are
for liability that has been assumed in the contract between the insured and the
indemnitee.
(b) The insurance this coverage form
provides applies to that assumed liability.
(c) In the
same contract under which the insured
agreed to assume liability, the insured also assumed the obligation to defend
the indemnitee.
(d) There is no apparent conflict of
interest between the insured's or the indemnitee's interests based on the
allegations made in the suit and other information the insurance company obtains.
(e) Both parties ask the insurance
company to conduct and control the indemnitee's defense. Both parties agree to
mutual defense, and the same counsel will conduct both defenses.
(f) The indemnitee agrees in writing
to:
·
Cooperate
with the insurance company as it investigates, defends, or settles the suit.
·
Immediately
send the insurance company copies of any and all
demands, notices, summonses, or legal papers it receives related to the suit.
·
Notify any
other insurance company that may be available to provide coverage for the indemnitee.
·
Work with
the insurance company to coordinate any other available insurance coverage.
The
indemnitee is also required to provide written authorization for the insurance
company to obtain relevant records and information and to conduct and control
the indemnitee's defense in the suit.
NOTE: These indemnitee obligations are similar to the conditions that apply to the named insured.
However, the indemnitee must agree to them separately, as the indemnitee is not
a party to the policy.
(3) Attorney fees and all litigation
expenses are paid, without reducing the limits of insurance, when all of the above requirements are met.
The insurance company does not
have an obligation to defend after the limit of insurance that applies is used up to pay judgments or settlements.
In addition, the insurance
company is not obligated to defend the indemnitee if it fails to meet the conditions in (f) above.
NOTE:
This last sentence goes beyond just Supplementary Payments. All defense ends
when the indemnitee does not cooperate. This is logical because the insurance
company cannot defend any party that does not cooperate.
a.
The insurance company pays medical expenses related to a
covered bodily injury accident that occurs on owned or rented premises or on
ways adjacent to them. It also pays if an injury results from the named
insured’s operations. The accident must occur during the policy period and in
the coverage territory. The expenses must be incurred and then reported to the
insurance company within one year from the date of loss. The injured party must
submit to examinations by physicians the insurance company selects as often as
reasonably necessary. The insurance company pays the physicians’ costs.
b.
Payments are made without regard to fault, but all
expenses must be reasonable. Medical expenses include first aid administered at
the time of the accident; necessary medical, surgical, x-ray, and dental
services, including prosthetic devices; and ambulance, hospital, and professional
nursing services. Funeral expenses are also covered.
a.
Expected or Intended Injury
Bodily injury and property damage
that the insured expects or intends is excluded. However, coverage applies to
bodily injury that results from using reasonable force to protect persons or
property.
NOTE: This exclusion protects insurers
from paying damages for injuries or damage the insured intentionally causes. It
serves the public interest by ensuring the insured does not use the coverage
for personal gain, such as theft, or to injure competitors, take revenge, or
cause any other intentional harm. However, this wording is frequently
challenged and clarified in court cases across the country. These challenges
typically seek coverage for intentional acts that result in unintended
consequences. In other words, the insured's action produces an unexpected and
unintended result.
|
Example: Paula’s Pancake Heaven is insured under the
Businessowners Coverage Form. Paula has had it with a homeless man who hangs
around the front of her store and frightens her customers. Paula asks the man
to leave, then shoves him, and is shocked to see him lose his balance, fall,
strike his head first on a mailbox and then against
the concrete curb. The man sustains serious injuries and sues Paula. Paula's
insurance company denies coverage. While she never meant to hurt the man, the
injuries he sustained were the result of her little (but intentional) shove. |
Related Court Case: Intentional Damage
Exclusion Barred Claims against Liability Insurer of Store Owner
b.
Contractual Liability
Coverage
does not apply to bodily injury or property damage that the insured is
obligated to pay because of liability it assumed in a contract or agreement.
However, this exclusion does not apply to:
(1)
Liability for damages that would exist even without a contract or
agreement.
(2)
Liability for damages that are assumed in a contract or agreement that
qualifies as an insured contract, but only if the injury or damage occurred
after the contract or agreement was executed. With respect to liability the
insured assumes in an insured contract, reasonable attorney fees and necessary
litigation expenses of parties other than an insured are treated as damages
because of bodily injury or property damage as long as:
(a)
The same insured contract providing liability to the party also applies
to its defense or for the cost of its defense.
(b)
The attorney fees and litigation expenses are to defend the involved party against alternative resolution or civil
proceedings for damages that this insurance allegedly covers.
NOTE: This exclusion both provides coverage
and excludes coverage and must be reviewed carefully to completely understand
it. One important point is that all reasonable expenses incurred in defending a
suit filed under this contractual obligation are considered damages. This means
that these defense costs are included in the limit of insurance, not outside
it, as supplementary payments provide, and every dollar spent on defense
reduces the amount available to pay for the actual injuries or damages. The
cost to defend may be included in the supplementary payments if the terms of
the indemnitee section of Supplementary Payments are met.
|
Example: Mary and Bob entered into a lease agreement. In one
part of it, Bob agreed to assume Mary’s liability, but the lease does not
address assuming defense costs in case of litigation. During the lease
period, the furnace exploded and seriously injured two people. Mary owned the
furnace, but because of the contract, Bob’s insurer responded
up to its limit of insurance. Once the defense costs and the injury
claims exhausted the insurance limit, Mary (or her insurance company) became
responsible for the remainder. If the contract had been written to include
defense costs, they could have been paid under f. Coverage
Extension–Supplementary Payments. |
c.
Liquor Liability
There is no coverage if an
insured is liable for bodily injury or property damage because of any of the
following:
(1) Causing or contributing to any
person's intoxication.
(2) Furnishing alcoholic beverages to
a person who was already under the influence or to a person who was under the
legal drinking age.
(3) Statutes, laws, ordinances, or
regulations that address selling, distributing, using, or giving alcoholic
beverages.
Any of the actions described above may result in an
occurrence. In that case, there is also no coverage if any of the following
claims related to that occurrence are brought against the insured:
(a) Supervising, hiring, employing, monitoring,
or training others.
|
Example: Tina applies for a bartending position at Tom’s
Tall Ones and tells Tom that she has already taken TIPS training. Tom
immediately hires her and does not schedule TIPS training. Tina serves Terry
beers even though he is visibly intoxicated. Terry leaves, starts his car,
drives off, and strikes a pedestrian. The pedestrian sues him and Tom’s Tall
Ones. The argument is that Tom is negligent because he did not properly hire
and train Tina, and her lack of TIPS training is proof of that negligence.
Such negligence is excluded because of this addition to the liquor exclusion.
|
(b) Noting that a person is intoxicated and either
providing transportation to that person or failing to provide such
transportation.
|
Example: Tom’s Tall Ones uses a local taxi service to
provide rides home for intoxicated customers. Tanya takes advantage of this
service but is injured when the driver turns the wrong way on a one-way
street and strikes an oncoming vehicle. Tanya sues
Tom’s Tall Ones because it hired a cut-rate taxi service that did not verify
licenses or prior violations. |
This exclusion does not apply if the named
insured is not in the business of manufacturing, distributing, selling,
serving, or furnishing alcoholic beverages.
|
Examples:
Coverage applies in both examples if the client or
guest is injured as a result of consuming alcohol. |
On the other hand, consider this:
|
Example: The insured sponsored a fundraiser by hosting a Casino Night that included gambling devices. Food and
alcoholic beverages were served for a charge. The
insured did not obtain the necessary permits and licenses. A patron who was
served alcohol was injured on his way home. Coverage applied if the patron
sued, as long as the insured was not in the liquor
business. |
Note: The
named insured may not serve alcoholic beverages but may allow others to bring
such beverages onto its premises. In such a case, this exclusion does not apply
even if a license is required to operate in this manner. It is not considered a
liquor-related business, even if it charges a fee to consume the beverages on
the premises.
|
Example: Bub’s Bodacious Bar-B-Q is a ribs joint and pool
parlor. Bub cannot obtain a liquor license due to past indiscretions, but his
patrons demand the right to drink on the premises. Bub reaches a compromise. He
will sell “set-ups,” and his patrons can bring any alcohol they like to add.
There is also a refrigerator on the premises where regulars keep their beer. Bub’s
Bodacious Bar-B-Q is not subject to the liquor
exclusion because of this new language. |
NOTE:
The Businessowners Coverage Form can use three different endorsements to provide
liquor liability coverage.
·
BP 04
88–Liquor Liability completely deletes this exclusion.
·
BP 04
89–Liquor Liability Coverage is similar to the liquor
liability policy and has its own common cause limit.
·
BP 04
19–Amendment–Liquor Liability Exclusion–Exception for Scheduled Activities
provides coverage for scheduled activities.
Related Article: ISO Businessowners
Program Available Endorsements and Their Uses
Another way to cover an insured's
liquor liability exposure is through separate Liquor Liability Coverage. The
two ISO Liquor Liability Coverage Forms are CG 00 33–Liquor Liability Coverage
Form (Occurrence Basis) and CG 00 34–Liquor Liability Coverage Form
(Claims-Made Basis).
Related Article: CG 00 33 and CG 00
34–Liquor Liability Coverage Forms Analysis
Related Court Cases:
Liquor Liability
Exclusion Held Applicable to Nonprofit VFW
Liquor Liability Suit
Based on Failure to Restrain Patron Did Not Circumvent Exclusion
CGL Policy's Liquor
Exclusion Inapplicable to Sales during Festival
Can Insurer Duck
Liability for Drunk-driving Deaths?
d.
Workers Compensation and Similar
Laws
This insurance does not apply to
any requirement or obligation that the insured must assume due to any workers compensation, disability benefits, unemployment
compensation, or similar law.
NOTE: This exclusion and the next one
are intended to prevent double indemnification for injury that only workers
compensation and/or employers liability policies should cover.
e.
Employers Liability
Bodily injury sustained by an
employee of the insured in the course of his or her
employment or while performing duties related to the insured's business is
excluded. This exclusion applies regardless of the insured’s liability as an
employer or in any other capacity, or its obligation to repay others who must
pay damages because of the injury. This exclusion applies to both the
employee’s claims as well as claims from the employee’s spouse, children,
parents, and siblings as a consequence of the bodily
injury.
This exclusion does not apply to
liability the insured assumes under an insured contract.
NOTES: This clarification is especially
important because of the widespread practice of outsourcing work to a variety
of contractors, subcontractors, independent contractors, and leased employees
and because it can be difficult to determine who is responsible.
Related Article: Workers Compensation
Independent Contractor Status
Note: It is important to be aware of
monopolistic states that provide or require workers
compensation coverage but that do not require employers' liability coverage or
make it available. This can create a significant gap in coverage. In the past,
many insurance companies in these states developed their own endorsements and
programs to add employers' liability coverage to the Businessowners Coverage
Form. ISO has also developed endorsements that address this issue.
f.
Pollution
NOTE: This is ISO's attempt to make
this exclusion as comprehensive as possible by excluding virtually every
potential pollution occurrence. There is no reference to pollution being
accidental or gradual. Simply stated, all pollution events are excluded. However,
there are some exceptions, even as comprehensive as it is.
(1) Coverage does not apply to bodily
injury or property damage when discharge, dispersal, seepage, migration,
release, or escape of pollutants known to have happened, is claimed to have
happened, or is suspected or threatened to happen.
(a) At or from any premises, site, or
location now or at any time that any insured ever owned, occupied, rented, or
had loaned to it, except:
·
Bodily
injury that is sustained due to fumes, vapor, smoke, or soot from building
heating, cooling, or humidifying
equipment or non-industrial hot water heaters. This exception applies only if
the injury is sustained inside a building.
·
Bodily
injury or property damage for which a contractor may be liable, but only if the
liability results from a contractual relationship between the premises’ owner
and the contractor. Neither the contractor nor any other insured on the policy,
except the premises owner additional insured, can have
ever owned, rented, or occupied the premises. The owner must be named as an
additional insured on the contractor’s policy for the contractor’s ongoing
operations on the owner’s premises.
·
Bodily
injury or property damage due to heat, smoke, or fumes from a hostile fire.
(b) At or from any premises, site, or
location that any insured or others now or at any time ever used to handle,
store, dispose of, process, or treat waste.
(c) That were transported, handled,
stored, treated, disposed of, or processed as waste at any time by or for any
insured or any other party for whom the insured is or may be legally
responsible.
(d) At any place where any insured or
a contractor working on its behalf performs operations, but only if the
pollutants are brought on site in connection with them. However, coverage does apply if:
·
The release
of pollutants is due to fuel, lubricants, or other fluids needed to operate
mobile equipment escaping, provided the escape is from the part of the vehicle
intended to hold, store, or receive them. The escape, release, or discharge
must be unintentional.
|
Example: A bobcat carrying a barrel of oil flips. Oil from
the bobcat leaks out, and the barrel ruptures, discharging its contents.
Bodily injury or property damage from oil that was part of the bobcat is
covered. Bodily injury or property damage from the oil discharged from the
barrel is not covered. |
·
The release
of pollutants is due to gases, fumes, or vapors from materials the insured or
its contractors brought into a building. The materials must be in connection
with operations the insured or its contractors are to perform on or in the
building.
|
Example: Perfection
Painting is hired to paint a hotel. The paint fumes in a room trigger the
smoke alarm. A hotel guest trips going down the fire escape and is injured.
She sues the hotel and Perfection for her injuries. Coverage applies because
of this exception to the exclusion. |
·
The release
of pollutants is due to a hostile fire.
(e) Anywhere the insured or contractors
working on the insured’s behalf are performing operations, if they involve
anything to determine or treat the effects of pollutants.
(2) Any judgments, suits, awards,
fines, or penalties that result from Environmental Protection Act (EPA)
enforcement or on its behalf are also excluded. To clarify this intent, it
states that insurance does not apply to any loss, cost, or expense that results
from any request, demand, or order that requires the insured or any other party
to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize,
or in any way respond to or assess the effects of pollutants. It further states
that insurance does not apply to any claim or suit brought by a governmental
authority or on its behalf for damages because of any of these circumstances.
However, this paragraph does not apply to any property damage liability the
insured has except for the governmental request.
NOTE: There
are five pollution-related endorsements that can be used with the
Businessowners Coverage Form:
·
BP 04
90–Pollution Exclusion–Limited Exception for a Short-Term Pollution Event
·
BP 04
91–Pollution Exclusion–Limited Exception for Designated Pollutant(s)
·
BP 04
92–Total Pollution Exclusion
·
BP 04
93–Total Pollution Exclusion with a Building Heating Equipment Exception and a
Hostile Fire Exception
·
BP 04
94–Limited Pollution Liability Extension
An insured may have a pollution liability exposure because it owns, operates,
uses, or maintains underground storage tanks, such as a retail gasoline
station. A separate Underground Storage Tank policy may be issued to cover
these exposures.
Related Article: CG 00 42–Underground
Storage Tank Policy Analysis
g.
Aircraft, Auto, or Watercraft
There is no coverage for bodily
injury or property damage resulting from owning, maintaining, using, or
entrusting aircraft, automobiles, or watercraft to others. This exclusion
applies to any aircraft, auto, or watercraft that the insured owns, operates,
rents, or leases, including loading and unloading.
NOTE: Airplanes, drones, hang gliders, hot air balloons, ultra-lights, or helicopters
are all types of aircraft that are excluded.
|
Example: The owner of
Mike’s Marine & Sauna also owns a sailboat he uses to promote the store.
It has the store’s logo, telephone number, and website prominently displayed
on the main sail. Mike rents it to some of his
friends to use, but it is not maintained properly, and his friends are
injured when it sinks. This loss is excluded. |
This exclusion applies even if
claims allege negligence or other wrongdoing in supervising, hiring, employing,
training, or monitoring others if the occurrence involves owning, maintaining,
using, or entrusting aircraft, auto, or watercraft to others.
This exclusion has a few
exceptions. It does not apply to:
(1) Watercraft on shore at the named
insured's owned or rented premises
|
Example: Teenagers use a boat stored behind a warehouse to meet at night.
One is injured trying to jump from the boat, and the parents sue the
warehouse owner for having an attractive nuisance exposure. Coverage applies.
|
(2) Non-owned watercraft less than 51 feet long if it is not used to carry persons or
property for a charge
(3) Parking an auto on the ways next to premises you own or rent, provided the auto is
not owned by, rented by, or loaned to you or the insured.
|
Example: Harriett has five parking spaces next to her dress
shop. When she has a fashion show on the premises, she has an employee act as
a valet and park vehicles in her lot, on the street, and in the school
parking lot on the next block. Injuries and damages
due to the street parking next to her shop and in her parking
lot are covered, but those at the school are not. In addition, there is no
coverage if the employee parks Harriet’s car and causes injury and damage. |
(4) Liability assumed under an
insured contract that relates to owning, maintaining, or using aircraft or
watercraft.
|
Example: An employee is injured during a trip out of town.
Lionel charters a plane to bring him back to a local hospital. The charter
operator requires a hold harmless agreement before he takes off to bring the
employee back. Coverage applies if a covered loss occurs. |
(5) Bodily injury or property damage
from:
·
Operating
machinery or equipment attached to or that is part of a land vehicle that
qualifies as mobile equipment except that it is subject to a compulsory,
financial responsibility, or other motor vehicle insurance law where it is
licensed or principally garaged.
·
Operating
cherry pickers or similar devices mounted on automobile or truck chasses and used to raise or lower workers or equipment.
This also includes operating property such as air compressors, pumps, and
generators, including spraying, welding, building-cleaning,
geophysical-exploration, lighting, and well-servicing equipment.
|
Example: A pickup truck is modified to carry well-drilling
equipment. The equipment accidentally strikes and damages the side of a
building while being maneuvered into position over a well. Coverage applies
to the damage to the building. |
NOTE: There
are many different liability policies available to cover the exposures of
insureds that own, rent, lease, charter, or operate aircraft, autos, or watercraft.
BP 04 04–Hired Auto and Non-Owned Auto Liability is available to modify the
auto portion of this exclusion. BP 15 11–Exclusion – Unmanned Aircraft and BP
15 12–Limited Coverage for Designated Unmanned Aircraft should be reviewed to
determine if they are needed for insureds using drones.
Related Article: ISO Businessowners
Program Available Endorsements and Their Uses
CG 24 12–Boats is used with the
ISO CGL coverage form to insure boats. There is no corresponding Businessowners
Program endorsement at this time. Consider writing the
exposure under the ISO CGL Coverage Form if liability coverage on boats is
desired.
Related Court Case: Injury from Truck
Damage to Sidewalk Held Not Within Automobile Exclusion
Related Articles:
CA 00 01–Business Auto
Coverage Form Analysis
Aircraft Insurance
Coverage Analysis
h.
Mobile Equipment
This insurance does not apply to
bodily injury or property damage resulting from the transport of mobile
equipment by an auto that any insured owns, operates, rents, or has loaned to
it.
Bodily injury or property damage caused by
mobile equipment that is used in, while practicing for, or being prepared for
any pre-arranged racing, speed, demolition, or stunt activity is also excluded.
|
Example: A
plumbing contractor hauls a backhoe to a job site on a trailer attached to an
owned truck. The trailer hitch snaps, the trailer overturns, and the vehicles
following behind the trailer are damaged. The damage to those vehicles is
excluded. NOTE:
The auto liability coverage form or policy that insures the towing vehicle should respond to any liability
for a trailer being towed or for mobile equipment that the vehicle
transports. |
i.
War
There is no coverage for bodily injury,
property damage, or personal or advertising injury that results from war,
undeclared civil war, or warlike action by a military force. This includes any
actions by a government or sovereign that uses military personnel or other
agents. Insurrection, rebellion, revolution, usurped power, or actions a
government takes to defend against or hinder any of these are also excluded.
|
Example: Arnie's Air Works manufactures guided missiles. Country X purchases
them and requires a purchase agreement from Arnie that guarantees the
missile's accuracy within one meter. When Country X invades Country Y, the
missiles completely miss their targets and cause extensive damage to Country
Z. Coverage does not apply to this situation. |
NOTE: Various
terrorism endorsements affect this exclusion. Any coverage impact of this provision is
substantially affected by either a full or limited exclusion of terrorism
losses.
Related
Article:
Terrorism and Insurance
j.
Professional Services
Bodily injury, property damage,
or personal and advertising injury due to professional services that are
provided or intentionally withheld are excluded. Nine specific professional
services are listed, but the exclusion is not limited to just them.
(1) Any legal, accounting, or
advertising service.
(2) Any preparation or approval, or
failure to prepare or approve, maps, drawings, opinions, reports, surveys,
change orders, designs, or specifications.
(3) Any supervisory, inspection, or
engineering service.
(4) Any service, treatment, advice,
or instruction of a medical, surgical, dental, x-ray, or nursing nature
(5) Any health or therapeutic
service, treatment, advice, or instruction.
(6) Any service, advice, or
instruction to enhance skin appearance, to remove or replace hair, or for
personal grooming.
(7) Any optometric, optical, or
hearing-aid service. This includes related prescribing, preparing, fitting,
demonstrating, or distributing ophthalmic lenses, similar products, or
hearing-aid devices.
(8) Any body-piercing service.
(9) Any pharmacy practice service.
This exclusion
applies if the occurrence that caused the bodily injury or property damage, or
the offense that caused the personal and advertising
injury, involved performing or failure to perform any professional service.
This includes claims alleging an insured's negligence or improper supervision,
hiring, employment, training, or monitoring of others.
|
Example: The Bishop family sues
The Best Drug Store. They contend that their father’s death was due to the
interaction of two different drugs and that the death would not have occurred
if Best Drug had properly monitored its pharmacists and discovered the
interaction issue. There is no coverage because of this exclusion. |
NOTE: Certain insurance companies offer
professional liability supplements or coverage endorsements to their separate
individual Businessowners Coverage Forms to insure various professional
liability exposures. Each should be contacted to determine the coverages provided. This analysis does not cover insurance
company-specific endorsements and coverage forms.
k.
Damage to Property
NOTE: This exclusion combines all
property damage-specific exclusions into a single exclusion. The goal is to
clarify that this coverage is not first-party coverage for the named insured's
benefit. In addition, this coverage is not intended to be a substitute for good-quality
workmanship.
This insurance does not apply to
property damage to:
(1) Property that the named insured
owns, occupies, or rents. This exclusion includes the costs or expenses the
named insured or others incur to repair, replace, enhance, restore, or maintain
such property for any reason. The
costs and expenses are excluded even if their goal is to prevent injury and/or
damage.
(2) Premises that the named insured
sells, gives away, or abandons, but only when the property damage arises out of
any part of such premises.
(3) Property that is loaned to the
named insured.
(4) Personal property in the
insured’s care, custody, or control.
(5) That part of real property where
the named insured or contractors or subcontractors working on its behalf
perform operations. However, this applies only if the property damage arises
from those operations.
(6) That part of any property that
must be restored, repaired, or replaced because the named insured’s work was
done incorrectly
There are four important
exceptions to these exclusions:
·
Exclusions
(1), (3), and (4) do not apply to property damage (other than by fire) to a premises and its contents that the named insured rents for
seven days or less. A separate Limit of Insurance applies to Section
II–Liability D. Liability and Medical Expenses Limit of Insurance 3. Damage to
Premises Rented to You.
·
Exclusion
(2) does not apply if the premises is the named
insured’s work and the named insured never occupied or rented it or held it for
rental.
NOTE: This is specifically and
critically important to homebuilders. Because they
build and sell homes, if this exclusion were to stand, there would be no
property damage coverage once the home was sold. However, this exclusion does
apply to any home that the named insured used as a model home or office.
·
Exclusions
(3), (4), (5), and (6) do not apply to sidetrack agreements.
NOTE: A sidetrack agreement is between a premises or location's owner and a
railroad and involves a railroad transfer or access track
located on the named insured's premises. The railroad allows the property owner
to use the sidetrack if the railroad is guaranteed access to the sidetrack and there
are certain agreed-on conditions of property maintenance. It may also contain specific hold-harmless agreements and conditions between the
railroad and the property owner.
|
Example: Adolph's Appliances distributes large appliances. A railroad track is adjacent to its premises.
Adolph believes sales would increase, expenses would drop, and overall growth
would occur if the railroad constructed a sidetrack into its warehousing
area. This would allow Adolph’s to load and unload directly into rail cars
and save shipping costs and truck transportation time. The railroad agrees to
the arrangement, subject to it having 24-hour access to the sidetrack and
Adolph's guarantee that the track will be protected from vehicle damage,
vehicle access will be limited, and Adolph will hold the railroad harmless
for any collision or injury that occurs during loading and unloading. NOTE: The Businessowners Coverage Form includes railroad
sidetrack agreements as covered contracts. |
·
Exclusion
(6) does not apply to property damage that the products/completed operations
hazard includes.
l.
Damage to Your Product
Coverage does not apply to property damage to
the named insured’s product caused by the product or any part of it.
|
Example: Frankie prepares elaborate wedding cakes. His team works
on one for five days. The cake is delivered to the wedding reception area and
is set up. The lights and fountain built into the cake are switched on. The
cake is beautiful, then sparks begin to fly, destroying the cake and setting
the tablecloth on fire. The fire spreads to five tables and causes
considerable smoke damage that ruins most of the food. All the fire and smoke
damage is covered. However, the damage to the cake is excluded because it is
Frankie’s product. |
m.
Damage to Your Work
Property damage to the named insured’s work
or any part of it that the products/completed operations hazard insures is excluded. An exception applies to work subcontractors
perform on the named insured's behalf.
|
Example: Elvira
repairs electrical wiring in a building. The wiring
is done incorrectly and shorts out. There is no coverage for the cost to
replace the damaged wiring. However, if Steve's Subcontracting works on
Elvira's behalf and incorrectly installed that wiring that shorted out, Elvira’s
insurance would pay the loss and then subrogate against Steve’s
Subcontracting. |
Related Court Case: Work Product Exclusion
in Contractor's Liability Insurance Held Applicable to Claim for Negligent
Location of House
n.
Damage to Impaired Property or
Property Not Physically Injured
There is no coverage for property damage when
there is no physical damage to it, but the property is impaired because of a
defect, inadequacy, or dangerous condition in the
named insured’s product or work. There is also no coverage if a delay or
failure by the named insured or its representative to perform the terms of its
contract or agreement causes such property damage. This exclusion does not
apply when other property cannot be used because a
sudden or accidental injury to either the named insured’s product or work
occurs after the product or work is put to its intended use.
|
Examples:
|
NOTE: There is no standard ISO
endorsement currently available to buy back this coverage or delete this
exclusion.
o.
Recall of Products, Work, or
Impaired Property
Damages claimed for loss, costs,
or expenses incurred by the named insured or others when its product, work, or
impaired property is withdrawn or recalled are excluded. This includes loss of
use, withdrawal, recall, inspection, repair, replacement, adjustment, removal,
or disposal. This exclusion applies when the recall is due to a known or
suspected dangerous defect, deficiency, inadequacy, or condition in the
product.
NOTE: There are no established criteria
or protocols that address the party ordering the recall or withdrawal, and
there is currently no standard ISO endorsement available to buy back this
coverage or delete this exclusion.
p.
Personal and Advertising Injury
There is no coverage for personal
and advertising injury:
(1) That
the insured causes or directs, knowing
that it will violate the rights of another and inflict personal and advertising
injury.
(2) That arises from any oral or
written publication the insured does or has done at
its direction, knowing it is false.
(3) That arises from any oral or
written publication first published before the policy period began.
|
Example: An incorrect story was first published on December
29. The policy period began on January 1. There is no coverage. |
(4) That the insured assumed in a
contract or agreement, unless that liability existed without a contract or
agreement.
|
Example: A
major male sports figure agrees to an interview with Ted's Tabloid that will
be published. The sports figure insists on a written agreement where Ted
promises not to slander or libel him. This liability exists without a
contract or agreement. |
(5) That arises from a breach of
contract, other than misappropriating advertising ideas of others under an
implied contract.
|
Example: Riley's Camera, Video,
& One Hour Photo contracts with
Retail World Magazine to run an advertisement in its publication the month
before Riley's special sale. Riley sues for breach
of contract when Retail World runs the advertisement the month after the
sale. There is no coverage for this breach of contract. |
(6) That arises from any goods,
products, or services failing to comply with their advertised quality or
performance.
|
Example: Big Wally gains even more weight after using a diet
supplement that guaranteed he would lose at least ten pounds. Wally sues Rapid
Weight Loss, the supplement’s manufacturer. There is no coverage in this
case. |
(7) That arises from incorrect
descriptions of prices of advertised goods, products, or services.
|
Example: Morticia's Microwaves sues for lost revenue when Just-the-Facts
Newspapers prints the price of a microwave in her
advertisement incorrectly. Coverage does not apply. |
(8) Committed by an insured engaged
in the advertising, broadcasting, publishing, or
telecasting business, designing, or assisting with the content of Web sites for
others, or providing Internet search, access, service, or content. This
exclusion does not apply to false arrest, detention, or imprisonment, wrongful
eviction, entry, or invasion by a landlord, or malicious prosecution as
described in F. Liability and Medical Expenses Definitions 14. Personal and
Advertising Injury, items a, b, and c.
NOTE: Placing
frames, links, or advertising on the Internet is not considered the
advertising, broadcasting, publishing, or telecasting business.
(9) That arises from the actual or
alleged release or escape of pollutants at any time.
(10) Concerning loss, expenses, or
costs that arise from requests, demands, or orders to clean up, or any claims
by a governmental body to clean up, test for, or assess pollutants.
(11) Due to an offense that the
insured's hosted, owned, or controlled electronic bulletin board or chat room allegedly
causes.
(12) That arises from infringing on copyright,
patent, trademark, trade secret, or intellectual property rights. However, these other intellectual property
rights do not include using advertising ideas of others in the named insured's
advertisement. In addition, this exclusion does not apply to infringing
on copyright, trade dress, or slogan in the named insured's advertisement.
(13) That arises from unauthorized use
of another party's name or product in the named insured's email address, domain
name, or similar initiatives designed to mislead potential customers of another
party.
Related Court Case: Advertising Injury
Exclusion is interpreted by Court
q.
Electronic Data
There
is no coverage for any damages due to loss of, loss of use of, damage to,
corruption of, or inability to access or manipulate electronic data. This exclusion does not apply to
liability for damages because of bodily injury. This exclusion defines electronic data. It is similar
to the definition in H. Property Definitions and means most media, data,
programs, software, and repositories of computer software wherever and however stored. Computer
programs are defined as a set of related electronic instructions that direct
operations and functions of the computer or electronic device it is connected
to, enabling the computer or device to receive, process, store, retrieve, or
send data.
r.
Criminal Acts
Coverage
does not apply to personal and advertising injury that arises from criminal acts
the insured commits or directs.
s.
Recording and Distribution of
Material or Information in Violation of Law
There
is no coverage for bodily injury, property damage, or personal and advertising
injury that arises from violations or alleged violations of the following:
·
Telephone Consumer Protection Act (TCPA)
·
CAN-SPAM Act of 2003
·
The Fair
Credit Reporting Act (FCRA), including its amendments or additions. This also
includes the Fair and Accurate Credit Transaction Act (FACTA).
·
Other federal,
state, or local statute, ordinance, or
regulation other than the above that address,
prohibit, or limit printing, distributing, disposing, collecting, recording, sending, transmitting, communicating, or
distributing information or material.
The exclusions below do not apply
to fire damage to premises the named insured rents or
temporarily occupies with the owner's permission.
·
c. Liquor
Liability
·
d. Workers Compensation and Similar Laws
·
e. Employers
Liability
·
f. Pollution
·
g. Aircraft,
Auto, or Watercraft
·
h. Mobile
Equipment
·
i. War
·
k. Damage to
Property
·
l. Damage to
Your Product
·
m. Damage to
Your Work
·
n. Damage to
Impaired Property or Property Not Physically Injured
·
o. Recall of
Products, Work, or Impaired Property
Section II–Liability D. Liability
and Medical Expenses Limits of Insurance has a separate Damage to Premises
Rented to You Limit of Insurance that applies to this coverage provided by the
above exclusion exception.
There is no payment for expenses
related to bodily injury:
a.
Of
any insured. However, medical expenses of volunteer workers are covered.
|
Example: Patty, one of the Penelope's
Partnership partners, is the first named insured. She slips and falls on ice
on the building's steps and needs x-rays to determine if anything is broken.
This expense is not covered. |
b.
Of
any person hired to work for or on behalf of any insured or an insured’s tenant.
|
Example: Harry’s Habitat hires Paul to paint its building and rental dwelling.
Paul falls from a ladder and breaks his wrist. The medical expenses due to the
fall are not covered. |
c.
Of
any person who is injured on the part of the named insured's owned or rented
premises that the person normally occupies.
|
Example: Mona Moneybags is a tenant and occupies one of the
units in the apartment building that Leonard Landlord owns. Mona falls down
the stairs in her apartment and is injured. This coverage does not apply to
Mona's medical expenses due to the fall. |
d.
Of
any person (employee or non-employee) who is entitled to benefits for bodily
injury under a workers compensation, disability
benefits, or similar law.
|
Example: Wilbur sustains burns to his hands from a small fire while on
the job. This coverage does not apply to this loss because it should be
covered under his state's workers compensation
statute. |
e.
Of
a person injured while involved in games, sports, athletic contests, or
physical exercise. There is no coverage while that person practices for,
instructs, or participates in any of these activities.
|
Example: Lyle’s Linguini-To-Go sponsors a Little League
team. Moses breaks his leg when sliding into home plate. This coverage does
not apply to the expenses due to the injury. |
f.
Included
in the products-completed operations hazard.
|
Example: Micah repaired an
appliance. Stacey’s fingers were burned when that appliance caught fire because he used the wrong grade of
wire. Stacey asked Micah to pay her medical bills, and he might, but this
coverage will not pay anything. |
g.
That
this business liability coverage excludes.
|
Example: One of Oscar's employees becomes angry, strikes a customer, and breaks his
nose. This coverage does not apply to this loss because it is an intentional
act that is excluded under the exclusions in item 1. above. |
a.
Business
Liability Coverage excludes bodily injury or property damage liability:
(1) For losses of an insured who is
also an insured under a nuclear energy liability policy issued by the Nuclear
Energy Liability Insurance Association, Mutual Atomic Energy Liability
Underwriters, or Nuclear Association of Canada, including their successors.
This exclusion is not affected by the termination or exhaustion of the limits
of such policies.
(2) Of any loss resulting from the
hazardous properties of nuclear material, including:
(a) The obligation of any entity to
maintain financial protection to comply with the Atomic Energy Act of 1954 and
its amendments.
(b) The insured is or would be
entitled to indemnification from the United States of America or any of its
agencies under any agreement it enters into with the
United States of America or any of its agencies with any person or
organization, if this policy had not been issued.
b.
Concerning
Medical Expenses Coverage, there is no coverage for bodily injury resulting
from the hazardous properties of nuclear material and arising from a nuclear
facility operated by any person or organization.
c.
There
is no coverage under Business Liability Coverage for any bodily injury or
property damage resulting from the hazardous properties of nuclear material if
any of the following applies:
(1) The nuclear material is at a
nuclear facility that an insured owns, or that is operated on an insured's
behalf, or has been released from such facility
(2) The nuclear material is contained in waste or spent fuel
was possessed, handled, used, processed, stored, transported or disposed of at
any time by an insured or on its behalf
(3) Bodily injury or property
damage resulting from an insured providing services, materials, parts, or
equipment related to planning, constructing, maintaining,
using, or operating a nuclear facility. Nonetheless, this exclusion only
covers property damage to a nuclear facility and its property located within
the United States, its territories and possessions, or Canada.
Related Article: IL 00
21–Nuclear Energy Liability Exclusion Endorsement (Broad Form)
d.
These
special terms are defined:
(1)
By-product material
This material has the meaning
given to it in the Atomic Energy Act of 1954 or any related amendatory law.
NOTE: This exclusion does not provide
that meaning. It has multiple meanings in different sections of the act.
(2)
Hazardous properties
This includes radioactive, toxic,
or explosive properties.
(3) Nuclear
facility
This is a nuclear reactor and equipment
designed or used to separate uranium or plutonium isotopes, or for spent fuel
processing, utilizing, waste handling, processing, or packaging. It also
includes equipment or devices used in special nuclear material processing,
fabricating, or alloying, if the total amount of such material at any time
consists of or contains more than 25 grams of plutonium or uranium-233, or any
combination thereof, or more than 250 grams of uranium-235. Any structure,
basin, excavation, premises, or place prepared or used to store or dispose of
waste is also included, along with the site on which all such operations are
conducted and all premises used for such operations.
(4)
Nuclear material
This is source material, special
nuclear material, or by-product material. Each of these properties is defined
by the Atomic Energy Act of 1954 or any amendments to it and is not repeated in
this exclusion.
(5)
Nuclear reactor
This is any device designed or
used to sustain nuclear fission in a self-supporting chain reaction or to
contain a critical mass of fissionable material. The size of the reactor and
the amount or type of material that must be present are not defined.
(6)
Property damage
This is all forms of radioactive
contamination of property.
(7)
Source material
This material has the meaning
given in the Atomic Energy Act of 1954 or as amended.
NOTE: This exclusion does not provide
that meaning. However, it is generally either the element thorium or the
element uranium that has not been enriched in the isotope uranium-235. It also
includes any combination of thorium and uranium, in any physical or chemical
form, or ores that contain by weight one-twentieth of one percent (0.05
percent) or more of uranium, thorium, or any combination of these. Depleted
uranium left over from uranium enrichment is considered source material.
(8)
Special nuclear material
This material has the meaning
given in the Atomic Energy Act of 1954 or as amended.
NOTE: This exclusion does not provide
that meaning. However, it is generally plutonium, uranium-233, or uranium
enriched in the isotopes uranium-233 or uranium-235.
The definition also includes any other material that the Nuclear Regulatory
Commission (NRC) determines to be special nuclear material. It does not include
source material.
(9)
Spent fuel
This is any solid or liquid fuel
element or component that was used or exposed to radiation in a nuclear
reactor.
(10)
Waste
This is waste material that
contains by-product material. By-product material does not include tailings or
waste produced by extracting or concentrating uranium or thorium from any ore
processed primarily for its source material content. Waste also includes any
waste materials that result when any person or organization operates any
nuclear facility included under the first two paragraphs of the definition of
nuclear facility.
The declarations has spaces to check and describe the named insured's form of
business. Each form has a different group of parties that are considered
insureds and conditions under which they are insureds.
a.
If the named insured is an individual, the individual is an
insured. In addition, the named insured's spouse is an insured. However, their
status as insureds is limited to only the named insured’s solely owned business
operation(s).
|
Example: Mr. John, a sole proprietor, sells farm produce.
Both he and Mrs. John are insureds. In addition, Mr. John is the sole
proprietor of a separate wood kitchen cabinet manufacturing business. In both
cases, he and Mrs. John are insureds. However, if he and his brother owned
the carpentry business as a partnership, the partnership would not be covered.
|
b.
If the named insured is a partnership or joint venture, the
partnership or joint venture is an insured. Members and partners of the named
insured and their spouses are insureds. However, the members, partners, and
their spouses are insureds only while conducting the
named insured's business.
|
Example: Mr. John and Mr. Joe are partners in a carpentry
business. They and their spouses are insureds with
respect to the conduct of the carpentry business. However, none of them are insureds under this coverage form for their personal
exposures or for any other business activities. |
c.
If the named insured is a limited liability company, the
limited liability company is an insured. Members of the company are insureds
but only with respect to the conduct of the named insured's business. The named
insured's managers are also insureds, but only to the extent of their specific
duties as managers.
NOTE: A limited liability company is a
hybrid form of business between a partnership and a corporation. Managers
operate a limited liability company on behalf of its members. Members have the
protection of a corporation: personal assets are shielded, and only company
assets can be assessed. On the other hand, the income and profit the limited
liability company earns are not taxed on the company but are the obligation of
its members as individuals.
d.
If the named insured is an organization other than those
listed above, it is an insured. Executive officers and directors of the named
insured are insureds but only while performing their
duties as such. Stockholders are also insureds, but
only for the liability imposed on them as stockholders.
e.
If the named insured is a trust, it is an insured. Its
trustees are also insureds but only with respect to
their duties as trustees.
NOTE: A
trust is an unincorporated business organized under a legal document and a
declaration of trust. It is used instead of a corporation or partnership to
transact business with limited liability. It is different than a corporation
because it does not receive a charter from the state that gives it legal
recognition. It derives its status from the voluntary actions of the
individuals who form it.
The following persons or organizations are also insureds:
a.
Volunteer
workers, but only when they perform duties related to the named insured's
business.
Employees are insureds within the narrow
range of activities in the scope of their employment or while conducting the
named insured's business. This does not apply to executive officers of an organization
nor to managers of limited liability companies.
Volunteers and employees are not insureds
for bodily injury or personal and advertising injury:
·
To the named
insured, its partners, or members.
·
To
co-employees but only while those co-employees are acting within the scope of their
employment or otherwise conducting the named insured’s business.
·
To volunteer
workers but only while they are involved in activities that are related to the
named insured’s business.
|
Example: Meredith is an employee of Goods and
Plenty. She drives a forklift that suddenly goes out of control and plows
into a group of people before it comes to a stop. Meredith’s supervisor and
two of her co-employees are injured. Meredith is not an insured for their
injuries. John, a co-employee who had just clocked out for the day, is also
injured. Meredith is an insured for his injuries because he was not within
the scope of his employment at the time of the injury. Jason and Wendy,
unpaid interns, were also injured. Because they were volunteers performing
duties on behalf of Good and Plenty at the time of their injuries, Meredith
is not an insured for their injuries. |
·
To designated relatives of any co-employee or volunteer if that
co-employee or volunteer's injury is not covered above.
·
When there
is any obligation to share with or repay others for damages
related to injuries described above as not covered.
·
That relate to any professional health care services.
Volunteers and employees are also
not insureds for property damage to property owned,
occupied, used by, rented to, in the care, custody, or
control of, or physically controlled for any reason by any insured.
b.
Any party other than an employee or volunteer who
acts as the named insured's real estate manager.
c.
Any
party with temporary legal custody of the property of a deceased named insured.
The status applies to only liability that arises out
of or is caused by maintaining or using that property and only until a proper
legal representative is appointed.
d.
A
properly appointed legal representative for a deceased named insured, but only
while carrying out duties as the legal representative
NOTE: The legal representative assumes all the
deceased named insured's rights and duties. This goes beyond the standard
insured status and extends to rights to cancellation, conditions, and other
elements assigned only to named insureds.
Who Is an Insured providing broad
coverage to the named insured for exposures usual to any business operation
that can be expected in a commercial venture. It also clarifies that any current or past partnerships, joint
ventures, or limited liability companies not listed on the declaration are not insureds.
NOTE: A
number of endorsements are available to add other interests for
liability coverage.
Related Article: ISO Businessowners
Program Available Endorsements and Their Uses
The most the
insurance company pays is the limit of insurance on the declarations. This is
regardless of the number of insureds, claims made, suits brought, or the number
of parties that make claims or bring suits. This is subject to items 2, 3 and 4
below.
|
Example: Bonnie Brownlocks was a longtime customer but sued Lara and Prentiss Greatkuple
D/B/A Hair Essentials. While getting into a chair in their salon, the chair
collapsed and she fell to the floor, sustaining a concussion, various cuts,
and a broken back. She filed two different lawsuits. One was named Lara, and
the other was named Prentiss. The Greatkuples
reported the loss and provided all the relevant paperwork on the two suits to
their insurance company. The company informed them that it would defend the lawsuits,
but the $1,000,000 limit was the most it would pay for both suits. |
The Liability and Medical Expenses limit on
the declarations is the most paid for the total of all damages for bodily
injury, property damage, and medical expenses that arise from a single
occurrence. It applies regardless of the number of claims that develop from the
occurrence. It is also the most paid for personal and advertising injury that
any one organization or person sustains.
|
Example: Melvin’s Bakery has a liability and medical
expenses limit of $1,000,000. Melvin is teaching a cake baking class when a
stove explodes and injures a number of class
members. Twenty-five claims for damages totaling $5,000,000 are submitted to
the insurance company. The $1,000,000 limit applies to the occurrence and is
subject to the aggregate limit. Melvin's Bakery is responsible for the
remaining $4,000,000 claimed. |
The medical expenses limit on the
declarations is a sub-limit. It is the most medical expense paid because of
bodily injury that a single person sustains. However, it is still subject to
the Liability and Medical Expenses limit on the declarations.
|
Example: Melvin’s Bakery's medical expenses limit is $5,000.
The claims adjusters settled the cases quickly. One late claim for medical
expenses was not filed until the $1,000,000 limit was paid. Even though the
amount claimed was less than $5,000, it was denied because the $1,000,000
limit had been exhausted. |
The Damage to Premises Rented to You Limit on
the declarations for the location is the most paid under Business Liability
coverage for damages to the premises the named insured rents. It is also the
most paid in the event of a fire for premises that the named insured
temporarily occupies with the owner's permission. The limit for premises the
named insured temporarily occupies is the highest Damage to Premises Rented to
You limit on the declarations.
|
Example: The Damage to Premises Rented to You limit at each
location is $50,000. Melvin's Bakery operations at one such premises cause a
fire that destroys the building. The total loss is $250,000. The $50,000
Damage to Premises Rented to You limit at that location is all the insurance
company pays. |
The most paid for:
a.
All
bodily injury and property damage in the products-completed operations hazard
is two times the Liability and Medical Expenses limit
b.
All
bodily injury and property damage except as the products-completed operations
hazard includes is two times the Liability and Medical Expenses limit.
The Damage to Premises Rented to
You limit is subject to either the
products-completed operations aggregate or all other aggregate, whichever
applies to the particular loss.
This section explains how the limits of
insurance apply. They apply separately to each annual 12-month policy period,
beginning with the inception date. If any period of less than 12 months
remains, the limits apply separately to that period as well, unless coverage is
extended for that period. In that case, the extended period is part of the
preceding period for the purpose of applying the limits.
|
Example: Beulah's Boutique's
coverage was originally in force from January 1 to
January 1 of each year. In the second year, Beulah requested that the
expiration date be extended to July 1 in order to
match her accounting year. The limits applied separately to the first annual 12-month January 1 to January 1 period. They also applied
separately to the second period now extended to 18
months, from January 1, past the next January 1 to July 1. After that, each
annual July 1 to July 1 period has separate limits. |
NOTE: ISO has not developed any
endorsements to amend, modify, or delete either the liability limits or the
aggregate limit. However, the Commercial General Liability (CGL) Coverage Form
has endorsements that do so. The named insured should consider being insured
under the CGL Coverage Form if its limits must be modified.
Related Article: ISO Commercial General
Liability Coverage Forms Available Endorsements and Their Uses
The
insurance company is not relieved of its obligations under this coverage form
if the insured or the insured's estate becomes bankrupt or insolvent.
The
named insured has certain duties that it must perform if there is a claim or
demand for coverage:
a.
It must inform the
insurance company of any occurrence or offense that may result in a claim as
soon as possible. As a minimum, the notice should include information about
how, when, and where the event took place and the names and addresses of all
injured parties and any witnesses. It should also indicate the nature and
location of any injury or damage as a result of the
occurrence or offense.
b.
Concerning claims made or
suits brought, it must immediately record the details of the claim or suit, the
date it was received, and notify the insurance company as soon as possible.
NOTE: This is in addition to providing the insurance
company with timely written notice of the claim or suit.
c.
Every insured involved in
or with the claim must:
·
Immediately send the insurance company copies
of demands, notices, summonses, and legal documents it receives in conjunction
with the claim or suit.
·
Authorize and allow the insurance company to
obtain records and other needed information.
·
Cooperate with the insurance company as it
investigates or settles the claim or defends against the suit.
·
When the insurance company requests, assist it in enforcing any rights it has against any person
or organization that may be liable to the insured for injury or damage that
this insurance covers
d.
No insured may
voluntarily make any payments, assume any obligations, or incur any expenses (other
than first aid) without the insurance company's consent. If it does, it does so
at its own cost or expense.
Related
Court Case: Ten Year Delay of Claim Relieved
Insurer of Defense and Indemnification of Housing Authority
No one
has the right to:
a.
Join
the insurance company in any way or bring it into a suit that claims damages
from an insured.
b.
Sue
the insurance company until the terms and conditions of the policy have been met.
The insurance company can be sued to recover under
an agreed settlement or a final judgment against the insured. However, it is
not liable for damages that are not payable under this policy’s terms or that
exceed the applicable limit of insurance.
An agreed settlement is a settlement and release of
liability that the insured, the insurance company, and the claimant or the
claimant's legal representative sign.
Other than the
limits of insurance and any rights and duties that apply specifically to the
first named insured, this insurance applies to each named insured as if it is
the only named insured and separately to each insured against whom a claim is
made or a suit is brought.
|
Examples:
|
Defined
words are used throughout the coverage form. Restricting their meaning to the
definition in the coverage form gives all parties a clearer understanding of
the coverage intended. Twenty-two terms are defined.
This
is a published or broadcast notice to the general public
or specific market segments concerning the named insured's goods, products, or
services. The reason for the notice must be to attract customers or supporters.
Material that is placed on the Internet and other electronic forms of
communication is considered published notice. An entire website is not
considered an advertisement. However, notices on a website that provide
information about the named insured's goods, products, or services to attract
customers or supporters are advertisements.
This is
a land motor vehicle, trailer, or semi-trailer designed for travel on public
roads. It includes any attached machinery or equipment.
It does not include mobile equipment. However, Auto includes any land vehicle
subject to financial responsibility laws or motor vehicle registration rules.
This is
bodily injury, sickness, or disease a person sustains. It includes death that
results from bodily injury, sickness, or disease at any time.
This is
the United States of America, its territories and possessions, Puerto Rico, and
Canada. It includes international waters or airspace, subject to the injury or
damage occurring during travel or transportation between any of these places.
It
includes other parts of the world, subject to injury or damage arising from the
following.
The worldwide coverage above is
subject to the insured's responsibility to pay damages being determined in a
suit based on the merits in the territory described in the first paragraph of
this definition, or in a settlement to which the insurance company agrees.
The
term employee is broadened to include leased workers but not temporary workers.
This
is a person who occupies any officer position the
named insured's charter, constitution, by-laws, or similar governing document
creates.
A fire
that becomes uncontrollable or burns at a place other than where it is supposed
to be.
Related
Article: Fire–A Discussion
Tangible
property that cannot be used or is less useful because it includes a portion of
the named insured's product or work known or thought to be dangerous,
inadequate, defective, or deficient. It can also be a situation in which the
property cannot be used or is less useful because the named insured has not
satisfactorily performed under a contract or agreement. The property is
considered impaired only if the property is capable of being restored to use by
repair, replacement, adjustment, or removal of the named insured's product or
work, or by the named insured fulfilling the terms of the contract or
agreement.
This
term means any of the following:
a.
Leases of premises, except for the part that agrees to indemnify
for fire damage to any premises the named insured leases, rents, or temporarily
occupies.
b.
Sidetrack agreements.
NOTE: A sidetrack agreement is between the
owner of the premises or location and a railroad, and
involves a railroad transfer or access track located on the named insured's
premises. The railroad allows the property owner to use the sidetrack if the
railroad is guaranteed access to the sidetrack and there are certain agreed-on
conditions of property maintenance. It may also contain specific
hold-harmless agreements and conditions between the railroad and the property
owner.
c.
Easement or license agreements. It does not include
such agreements connected with construction or demolition operations that take
place on or within 50 feet of a railroad.
d.
Obligations to indemnify a municipality that an
ordinance requires. It does not include obligations connected with work for
that municipality.
e.
Elevator maintenance contracts.
f.
An insured contract also includes the part of any
other contract or agreement that applies to the named insured's business whereby
it assumes the tort liability of another party to pay for bodily injury or
property damage to a third person or organization. This tort liability assumption
must be allowed by law to qualify as an insured contract. This includes
contracts or agreements that indemnify a municipality in conjunction with work
done for that municipality. It does not include any part of a contract or
agreement:
·
That indemnifies a railroad for bodily injury
or property damage that arises out of construction or demolition operations
conducted within 50 feet of any railroad property and that affects railroad
bridges, trestles, tracks, roadbeds, tunnels, overpasses, or crossings.
·
That indemnifies an architect, engineer, or
surveyor. However, this applies only as it relates to injury or damage that
arises out of any of the following:
NOTE: Tort liability is liability imposed by law without a
contract or agreement.
A person
the named insured leases from a labor-leasing
organization under a contract or agreement to perform duties related to the conduct
of the insured’s business. Leased workers are not the same as temporary
workers. The manner in which the contract or agreement
is made is not specified.
This is
handling property after it is moved from where it is taken for transportation
on aircraft, watercraft, or autos, while in or on those conveyances, and while
being removed from them at the final delivery location. It does not include property
that is moved by mechanical devices if the devices are not attached to the
aircraft, watercraft, or auto. The only exception is when the device is a hand
truck.
This
includes the following land vehicles and machinery or equipment attached to
them:
a.
Bulldozers, farm machinery, forklifts, and other
vehicles designed to be used off-road.
NOTE: These
are considered mobile equipment even when used on public roads. However, they
must be designed as off-road vehicles.
b.
Vehicles the insured keeps with the plan to use
them only on or next to owned or rented locations.
NOTE: These
vehicles are covered if they leave the intended location as
long as their planned use is always to be at the location. A golf cart
owned by a condominium association, with the plan to use it only on the
premises, is still mobile equipment when used on public streets in an
emergency.
c.
Vehicles that operate using crawler treads.
d.
Vehicles used to provide mobility to permanently mounted power cranes, shovels, loaders, diggers, drills, and
road construction or resurfacing equipment. Graders, scrapers, and rollers are
examples of resurfacing equipment. The vehicles may or may not be
self-propelled.
e.
Vehicles other than as described above
that are not self-propelled and that are used to provide mobility to permanently attached equipment. Examples include air
compressors, pumps, and generators; spraying, welding, and building cleaning;
geophysical exploration; lighting; well-servicing equipment; and devices used
to raise or lower workers or equipment, such as cherry pickers.
f.
Vehicles not described above that
are used mainly for purposes other than to transport persons
or cargo. The following self-propelled vehicles with permanently attached
equipment are treated as autos and not as mobile equipment:
·
Snow removal, street cleaning, and road maintenance equipment. This does
not include construction or resurfacing equipment.
·
Cherry pickers and related equipment used to
raise and lower workers and are mounted on an automobile or truck chassis.
·
Air compressors, pumps, and generators. This also includes spraying,
welding, building cleaning, geophysical exploration, lighting, and well-servicing
equipment.
Mobile equipment does not include
land vehicles subject to mandatory or financial responsibility laws, or to
motor vehicle insurance or registration laws, in the jurisdiction where they
are licensed or principally garaged. Land vehicles subject to mandatory or
financial responsibility laws, other motor vehicle insurance laws, or motor
vehicle registration laws are
considered autos.
NOTE: This type of mobile equipment is
considered auto, and coverage is available only under auto coverage forms and
policies.
This is
an accident. It includes continuous or repeated exposure to essentially the
same harmful conditions.
This is
injury and consequential bodily injury that arises out of one or more of the
following offenses:
a.
False arrest, imprisonment, or detention.
b.
Malicious prosecution.
c.
Violations of the right of a tenant’s private
occupancy. This includes wrongful eviction from,
wrongful entry into, or invasion of a space or a premises a person occupies.
The act must be committed by the owner, landlord or lessor, or by parties that
act on their behalf.
d.
Material that libels or slanders a person or an
organization. It is also any material that discusses a person or organization’s
goods, products, or services in a disparaging way. The material can be oral,
written, or any other form, including Internet and electronic forms.
e.
Any form or type of oral or written publication of
material that violates a person's right of privacy.
f.
Using another party's advertising ideas in the
named insured's advertisement.
g.
Infringing on another’s copyright, trade dress, or
slogan in the named insured's advertisement.
This
is any solid, liquid, gaseous, or thermal irritant or contaminant. It includes
smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes
materials to be recycled, reconditioned, or reclaimed.
a.
This includes all bodily injury and property damage
that occurs away from premises or locations the named insured owns or rents
that arises from its products or work, except:
·
Products the named insured still physically possesses
·
Work that is not complete or that has been abandoned. Work is considered
complete on the earliest date that all the work the contract calls for is done,
when all work to be done at a job site is done (in cases where the contract
calls for work at more than one job site), or when that part of the work done
at a job site is put to its intended use by any person or organization other
than another contractor or subcontractor working on the same job site project.
Work
that is essentially complete except that it still requires some service,
maintenance, correction, repair, or replacement is treated as complete.
The
bodily injury or property damage must occur away from the named insured’s
premises. There is an exception in cases where the named insured’s business
includes selling, handling, or distributing its products to be consumed on its
owned or rented premises.
b.
Products-completed
operations hazard does not include bodily injury or property damage that arises
from:
·
Transporting any property. There is an exception if the injury or damage
is due to a condition in or on a vehicle the named insured does not own or
operate. This is subject to the condition having been created when an insured loaded
or unloaded the vehicle.
·
The presence or existence of tools, uninstalled equipment, or abandoned
or unused materials.
This is:
a.
Physical injury to tangible property. It includes
all resulting loss of use of that property. Any and all
loss of use claims are treated as having taken place at the same time as the
physical injury that caused it.
b.
Loss of use of tangible property that is not
physically injured. Any and all loss-of-use claims are
treated as having occurred at the time of the event that caused them.
Electronic
data is not considered tangible property. Under this definition, electronic
data is information, facts, or programs stored as or on, created or used on, or
transmitted to or from computer software or any other media used with
electronically controlled equipment.
This is
a civil proceeding that alleges damages for bodily injury, property damage, or
personal and advertising injury that this insurance covers. It includes
arbitration and other alternative dispute resolution proceedings. The insurance
company must consent to the insured submitting to any arbitration or
alternative dispute resolution.
Any
person furnished to the named insured as a substitute for a permanent employee
who is temporarily away from the business or is furnished to meet seasonal or
short-term workload conditions.
This is
a person the named insured does not employ but who donates his or her work and
acts at the named insured's direction and within the
scope of duties prescribed. Volunteer workers are not paid a fee, salary, or
other compensation by the named insured or any other party for the work they
perform.
This
is not real property. Real property usually means land, buildings, and property
rights. This means that a home a contractor builds is not a product.
a.
It is goods or products the named insured or any
party that trades under its name manufactures, sells, disposes of, handles, or distributes.
It includes the goods or products of any party whose business or assets the
named insured acquires. It also includes containers, materials, parts, or
equipment furnished as part of the covered goods or products. Vehicles are not
considered to be containers.
b.
It also includes warranties or representations made
with respect to the fitness, quality, durability, performance, or use of the
named insured's product and the warnings and
instructions provided with the product. It includes the warnings and
instructions that were included as well as the ones that should have been and
were not.
This
definition does not include vending machines or other property rented to or
located for use by others but not sold.
a.
Work or
operations the named insured does or that others do on its
behalf. It also means materials, parts, or equipment furnished in connection
with such work or operations.
b.
Warranties or representations that are made
concerning the fitness, quality, durability, performance or use of the named
insured's work and the warnings and instructions provided with the work are
also your work. The included warnings and instructions
are your work but in addition those warnings and instructions that should have
been included but weren’t, are also your work.
The
Businessowners Coverage Form combines several different coverages. Most have
their own coverage descriptions, definitions, causes of loss, and conditions.
The two areas all coverages share in common are the
declarations and the common policy conditions.
Related
Article: BP DS 01–Businessowners Policy Declarations
1.
The first named insured person or organization on
the declarations can cancel, make changes, pay premiums, receive cancellation
notices, and request cancellation.
NOTE: It is
important to select the correct first named insured
for proper communication and to be certain that all rights are properly
protected.
2.
The insurance company can cancel the policy by
mailing or delivering written notice of cancellation to the first named insured
at least:
a.
Five
days before cancellation takes effect. This very short time
period can be used only under the following circumstances:
(1) The building has been vacant for 60
or more consecutive days. This provision does not apply to buildings that
experience normal seasonal unoccupancy or that are under construction. Vacant
means 65% or more of rental units or floor area is vacant.
|
Example: Supersnob Department Store moves out of Magnificent Mall that Conservative
Mutual insures. Supersnob
was the mall anchor and occupied 70% of the retail space. Sixty days after
the move out, Conservative Mutual sends Magnificent Mall a five days’ notice
of cancellation. |
NOTE: This
definition of vacancy is not the same as the definition of vacancy in the
Vacancy Condition. Instead of defining vacancy to be when less than 31% is
occupied, this definition states that the building is vacant or unoccupied when
65% of the rental units or floor area is vacant. In addition, this item applies
only to covered buildings so named insureds who are only tenants are not
subject to this item.
(2) Repairs have not begun or been
contracted for within 30 days after a covered loss is initially paid.
NOTE: Initial payment can include a
minimum down payment against the total future payment.
(3) The building has an outstanding
order to vacate, an outstanding demolition order, or a government authority has
declared it unsafe.
(4) Repaired and salvageable items
were or are being removed and will not be replaced. This does not apply to
items removed due to remodeling or remodeling that will eventually be returned.
(5) Necessary heat, water, sewer, or
electricity has not been provided for 30 days unless it is due to normal
periods of seasonal unoccupancy.
Property taxes have not been paid
for a year unless there is a legitimate dispute with the taxing authority over
the tax payment.
b.
Ten
days when the reason for cancellation is nonpayment of premium.
c.
Cancellation
for any reason other than listed in a. or be above requires 30 days’ advance
written notice.
3.
All cancellation notices are sent to the first
named insured at the last mailing address the insurance company knew about.
4.
The cancellation notice must state the date that
cancellation takes effect. That is the date when the policy period ends.
5.
The first named insured receives applicable premium
refunds. Refunds are pro rata if the insurance company
cancels. The refund may be less than pro rata if the
named insured cancels. Cancellation is effective even if a refund is not made
or offered.
6.
Proof of mailing is sufficient proof of notice
unless a state law that requires certified mail or some other form of postal
verification supersedes or replaces this condition.
NOTE: The cancellation notice periods
indicated above may vary by state, as laws in some states usually require
longer notice periods.
This
coverage form contains all the agreements and terms between the parties. It can
be changed or waived only by endorsements issued by the insurance company.
This coverage form
is void in case of fraud by the named insured as it relates to the coverage
provided. It is also void if the named insured or any other insured at any time
intentionally conceals or misrepresents a material fact. However, the material
fact must concern the coverage form, covered property, interests of any insured
in the covered property, or a claim.
|
Example: Mary’s application stated that her dog’s name was Spot,
but its real name was Rover. This is not a material fact and does not affect
her coverage. However, stating that Spot/Rover was a Teacup poodle instead of
it actually being a Pit Bull could be a material
fact that affects coverage and may result in it being voided. |
The
insurance company can examine or audit the named insured’s books as they relate
to the insurance provided at any time during the policy period and up to three
years after.
1.
The
insurance company may make surveys and inspections at
any time. It may give reports of those inspections to the named insured along
with recommendations to improve conditions, but is not
required to do so.
2.
Inspections
are not required. The insurance company uses them only to determine
insurability and premiums to be charged. Such inspections do not warrant that a location meets safety or health requirements
or that it complies with local, state, or federal ordinances or regulations.
3.
The
provisions in 1. and 2. above also apply to rating, advisory, rate service, and
similar organizations that conduct similar inspections and surveys and make
similar reports and recommendations.
4.
The
provisions in 2. above do not apply to insurance company inspections, surveys,
reports, or recommendations with respect to certification, ordinances, or
regulation of boilers, pressure vessels, or elevators under state or municipal
statutes.
NOTE: A number of states noted that insurance
companies regularly entered buildings to conduct
inspections. This drew the attention of legislators, who sought to make the
industry the watchdog for various safety and health issues. These paragraphs
represent the insurance industry's response.
Only the actual amount of loss or
damage is paid when two or more coverages apply to the same loss or damage.
NOTE:
This eliminates double coverage and duplicate loss payments.
The insurance company may adopt
revisions that broaden coverage during the policy period or within 45 days
before it begins that do not require an additional premium. In that case, the
broadened coverage applies immediately.
NOTE:
However, any restrictions similarly adopted at the same time do not apply in
the same way.
1.
If
other insurance that covers the same loss or damage applies, this insurance is
excess over the amount due from that other insurance, whether it can be
collected or not. However, the insurance company never pays more than the
Section I–Property Limit of Insurance that applies.
2.
If the insured has other valid
and collectible insurance for a loss covered by the Business Liability
Coverage, the insurance company’s responsibilities are limited accordingly.
a.
Primary
This
insurance serves as the primary coverage unless the situations listed in
paragraph B. below apply, in which case it becomes Excess. If it is primary, the
company’s responsibilities remain unchanged unless another insurance is also
primary. In that case, the company will share coverage with all other primary insurances as described in section c. below.
b.
Excess
When
any of the following conditions are met, this coverage will be considered
excess coverage:
·
If any other insurance includes
Fire, Extended Coverage, Builder’s Risk, Installation Risk, or similar coverage
for “your work.”
·
Fire insurance coverage for
premises rented to the insured or temporarily used with the owner's permission.
·
Insurance the insured buys to
protect against liability for property damage to rented or temporarily occupied
premises with the owner's permission.
·
If the loss is a result of
maintaining or using aircraft, automobiles, or watercraft, and is not covered
by Exclusion B.1.g. of Section II – Liability.
Any
other primary insurance the insured holds that covers liability for damages
related to the premises or operations, and for which the insured is also named
as an additional insured.
3.
If
this coverage is considered excess, the insurance company does not pay defense
costs that the other company should pay. If the other company refuses to
defend, this insurance company has the option to do so. If it does, it assumes
the insured’s rights under the other policy to bring a claim against the other
insurance company.
When
this insurance is excess over other insurance, the company will contribute only
to its share of the loss, specifically the amount that exceeds what all other
insurance would pay in the absence of this policy, including all deductibles
and self-insured amounts under those policies.
Any
remaining loss, if applicable, will be shared with other insurance policies not
covered by this Excess Insurance clause and that were not purchased
specifically to cover amounts exceeding the business liability coverage limits
listed in the declarations. Contributions will be shared equally, if allowed;
otherwise, contributions will be based on limit ratios.
1.
The
first named insured pays all premiums due and receives all return premiums.
2.
The
premiums on the declarations are based on rates in effect when the policy is
issued. Renewal premiums are subject to change, based on rules and rates in
effect at that time.
3.
Insurance
coverage can remain active annually, provided the insured pays the premium
before the anniversary date and has approval from the insurance company. Rate
adjustments are included in the renewal premium, and any form changes are
applied. If the renewal premium is unpaid, coverage terminates on the first
anniversary when the premium is not received.
4.
Any
modifications in the named insured’s operations or
exposures during the policy period may lead to an extra premium. The applicable
rates and rules for these modifications take effect from the date of the
change, not from the policy's start date.
1.
If
the policy is subject to premium audit, the premium on the declarations is an
advance premium. The insurance company calculates the final premium after the
actual exposures are determined.
2.
The
advance premium is only a deposit. The actual earned premium
is calculated at the end of the audit period. At that time, the first named
insured must pay any additional premium by the due
date specified on the billing. However, the first named insured receives a
premium refund if the advance premium exceeds the earned premium.
3.
The
primary insured is responsible for maintaining records of the information
necessary for calculating the earned premium and must provide this information
to the insurance company when requested.
1.
With
respect to property coverage, the named insured can waive its rights of
recovery against other parties in writing prior to a loss. However, it cannot
do anything after a loss to impair the company’s rights to recovery. The named
insured can waive its rights to recovery after a loss only if it controls or
owns the other business, if the business owns or controls the named insured, or
if the individual or other business is the named insured's tenant. The named
insured can accept normal bills of lading that limit
the liability of carriers without restricting its insurance.
2.
With
respect to liability coverage (but not medical payments), the insured must
ensure that the insurance company has the right to recover all payments it
made, help it enforce them, and not do anything after a loss to impair them.
The insurance company can request that the insured bring suit or transfer such
rights to it and require the insured to assist it enforce them.
NOTE: The insured may agree to waive the
right of recovery in contracts. By doing so, it has no right to recover and
transfer to the insurance company. As long as these
waivers were in effect prior to the loss, the insurance company must honor them
and not penalize the insured. However, if the insured agreed to waive the
recovery following a loss, it has breached the contract with the insurance
company, and the insurance company can elect not to cover the loss.
The named insured may not transfer its rights
under the policy without the insurance company’s written approval to do so.
However, practical considerations apply when an individual named insured dies.
When that happens, the named insured's rights and duties transfer to his or her
legal representative. The representative has insured status only while acting
within the scope of its duties as a legal
representative. Anyone who has proper temporary custody of the deceased named
insured’s property assumes the named insured's rights until a proper legal
representative is appointed.