Coverage Types
Agreed Value
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Backup of Sewers or Drains
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Blanket Property
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Building
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Building Ordinance or Law
Let’s consider this for a moment and the impact upon an “unendorsed” business insurance policy. The standard business insurance policy only requires constructing the building as it sat immediately prior to the loss. The Building And Business Personal Property policy insuring agreement reads as follows:
Coverage
We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss.
The phrase direct physical loss is further emphasized in the Cause of Loss form attached to the Building And Business Personal Property policy. The Cause of Loss form exclusion related to Ordinance or Law reads as follows:
Ordinance Or Law
The enforcement of any ordinance or law:
Regulating the construction, use or repair of any property; or
Requiring the tearing down of any property, including the cost of removing its debris.
This exclusion, Ordinance Or Law, applies whether the loss results from:
An ordinance or law that is enforced even if the property has not been damaged; or
The increased costs incurred to comply with an ordinance or law in the course of construction, repair, renovation, remodeling or demolition of property, or removal of its debris, following a physical loss to that property.
The clarity of these provisions is unmistakable, the intent of the policy to pay for insured building damage only applies to direct loss, not indirect losses that an insured may suffer.
Coverage for Ordinance or Law may be purchased for an additional cost. The coverage that may included for Ordinance or Law are as follows:
Coverage A – Coverage For Loss To The Undamaged Portion Of The Building;
Coverage B – Demolition Costs Coverage; and
Coverage C – Increased Cost Of Construction Coverage.
These coverages all relate to the building portions sustaining direct damage, but because of the operation of the Ordinance or Law the insured suffers loss.
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Business Income and Extra Expense
The illustration below should assist in your understanding (click to expand).
Business Income from Dependent Properties
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Business Income Waiting Period
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Business Personal Property
Business Personal Property is broken down into several separate coverage types in the standard Commercial Property Policy. They are Your Business Personal Property, Property of Others and Stock. Each of these will be included if described in the declarations of coverage for Property.
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Cause of Loss-Basic Form
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Cause of Loss-Broad Form
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Cause of Loss-Special Form
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Coinsurance
In order to understand the impact coinsurance will have upon your business you must first understand several points of contention in the wording of the standard property policy coinsurance provision. First of all, what does “value” mean? If you have a replacement cost policy then value refers to the amount needed to replace the insured property with new property and without depreciation. Second, who determines this value? I can assure you that it will be the insurance company holding the claim check book. After all, they stand to benefit greatly by applying coinsurance penalties to your loss settlement.
A well crafted insurance policy will serve your best interest and help you eliminate the pitfalls of coinsurance. Talk with an insurance professional and see if they discuss coinsurance with you. If not, I highly recommend you move on and find an agent that will talk simple terms with you on how to avoid or eliminate these penalty provisions.
The following example will serve to illustrate the devastating effects that Coinsurance can have on a claim settlement:
Debris Removal
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Earthquake
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Equipment Breakdown
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Extended Period of Indemnity
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Flood Coverage
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Functional Replacement Coverage
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Glass Coverage
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Legal Liability
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Off-Premises Services
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Pollutant Clean-Up and Removal
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Replacement Cost
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Signs and Outdoor Property
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Spoilage to Refrigerated Stock
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