Business Tips: Controlling Risk For Property Owners

-Cincinnati Ins. Co (Kevin Oleckniche)

Losses that occur on property you own can affect your livelihood and that of your tenants. They also can affect your insurance rates and eligibility. Without the proper controls in place, you could be saddled with the responsibility of owing for injury or damages that you did not cause.

RECOGNIZE THE RISKS

When you understand the risks you face as a property owner and lessor, you can better manage them. Consider these scenarios:
Natural perils – A tornado sweeps through town, damaging your building and your tenants’ contents.
Fire – A grease fire starts in a restaurant at one end of your building. Before it is extinguished, fire damages multiple units and tenant contents.
Third-party injury or illness – A patron slips and falls in the parking lot, spraining her ankle.
Change in occupancy – A restaurant replaces a retail store in one of your units. As a property owner, you want to determine if the current sprinkler system is able to handle the demands of a restaurant.
Change in tenant operations – A retail craft store expands its operations to include pottery making. With this expansion, your tenant adds kilns to heat-treat ceramic projects.
Vacancy – Your unoccupied building is vandalized, resulting in damaged property.

REVIEW THE RESPONSIBILITIES

A well-designed lease agreement can assist owners in transferring responsibility for payment due to bodily injury or property damage to the legally responsible party.  Consult with legal counsel when evaluating your current lease or other formal contract.  When consulting with your attorney, consider whether your agreement:

-is signed by all tenants
-contains appropriate anti-subrogation wording and indemnification–hold harmless provisions favorable to you and acceptable under your state’s laws
-authorizes you to develop, change and enforce rules and regulations for the premises
-defines which areas you control and which the tenant controls
-defines the maintenance obligations of all parties while specifying the scope of the operations and the steps you will take if the tenant defaults on these obligations
-grants you the right to inspect the leased premises for conformance with the lease provisions concerning maintenance and to point out to the tenant any obvious hazards
-requires the tenant to obtain permission before performing any building alterations
-contains provisions regarding use of hazardous substances, dispensing of liquor and other activities that increase the risk of loss
-requires service contractors who come on your premises to provide certificates of insurance verifying adequate limits of insurance and appropriate state licenses, where applicable
-requires tenants to obtain specified liability insurance on behalf of the owner, with you listed as an additional insured on a primary basis. Make sure you obtain proof that the tenant has acquired and maintains all required insurance.

Consult with legal counsel to familiarize yourself with state laws before you lease space to bars, restaurants or stores that sell liquor.
While it is your duty to live up to your obligations as a property owner, it is also wise to make your tenants take responsibility for their actions and premises upkeep.
Your local independent insurance agent is there to help you maneuver around the challenges you face as a property owner. Contact your agent whenever a new tenant moves into the building, a current tenant changes its operations or part of the building becomes vacant for 30 days.

Homeowner Policy: Section 1

A homeowner policy is made up of two sections, Section 1 Property and Section 2 Liability.  This blog post will focus on Section 1 which outlines the four property coverages provided by a homeowner policy.  Those four coverages are as follows:

 

-Coverage A Dwelling:  This coverage pertains to the actual house itself.  The limit shown on the policy in this section is the amount of insurance the policy will pay out if the house was totally damaged.  It Is important to understand that this limit of insurance should be based on Reconstruction Costs (the amount it would take to rebuild the house) instead of Market Value (the amount you can buy or sell the house on the real estate market).  For more details on this check out our Reconstruction Cost vs Market Value article.  The dwelling limit of insurance will drive the other three parts of Section 1 Property so for example purposes let's say our Coverage A Dwelling limit is $200,000.

 

-Coverage B Other Structures:  Other Structures are property located on your land that are not permanently attached to your home.  This would be things like detached garages, fences, sheds, barns and pools to name a few.  Back in the 50's this was a much more common concern to have Other Structures coverage because the norm was to have a detached garage.  Today many garages are part of the house so this coverage is not as much of a focus on new homes.  The homeowner policy, however, automatically includes this coverage in most cases so even if you do not have a need for it, still it is there.  The limit for this coverage is usually 10% of the dwelling limit so if our Coverage A is limit is $200,000 then our Other Structures limit is $20,000.  

-Coverage C Personal Property:  This section covers your contents, your personal belongings inside the house, such as TVs, clothes, furniture, pictures, etc get its coverage.  The important thing is to be sure that you have replacement cost coverage for you Personal Property and not actual cash value.  If you have actual cash value it means they will take into account how old your stuff is and not give you enough money to go out and replace your items without having to go buy used.  If you have replacement cost coverage you can go replace your furniture with new furniture from a store and the policy will reimburse you the full amount.  Coverage C Personal Property is also derived from the Coverage A Dwelling and usually is 70% or 75% of the amount.  This means that if our Dwelling limit is $200,000 then our Personal Property limit would normally be $140,000 or $150,000.

-Coverage D Loss of Use:  Loss of Use means that if you have a claim on your house that makes it so that you can not live in the house for a period of time, the homeowner policy under this section will help pay for your lodging expenses and some of your eating out expenses (usually 1/3rd of your meal expenses).  This loss of use might be for a few days or a few months depending on the extend of your homes damage.  The limit of coverage given under this section can very from company to company.  Some companies give a time period they will cover it for (example 2 years) or they will just pay what ever the amount of loss is (actual loss sustained).  Some companies, similar to how they do it on the Other Structures and Personal Property section, give a percent (usually 10%-20%).