Damaged Building Insurance

How to Insure a Damaged Building and/or a Building with Claims.

Is My Building Uninsurable??

It can be a frustrating experience to hear that your building is “uninsurable”. Oftentimes when a building has some unrepaired damage, a history of claims, or some other problem, many insurance professionals will simply shrug and say, “Sorry your building is probably uninsurable”. If you ever hear this, it usually means that that insurance professional actually doesn’t know how insure such a building. No building is uninsurable.

There are thousands of insurance companies in the US. For every possible type of property, there is an insurance company (or several) that specialize in insuring it. It is crucial to work with a knowledgeable broker who not only knows which carriers will insure damaged buildings, but also which coverage need to be added to the policy to fully protect you, the owner. This article will dive into how to properly insure a damaged building and/or a building with claims.

Insuring a Damaged Building

When a fire burns a portion of a home, or a burst pipe floods a couple floors of an apartment building, a common insurance scenario plays out. The owner files a claim with his/her insurance company, and that carrier pays the claim to cover the repairs. But then, upon renewal, the carrier cancels the policy and tells the owner to find insurance elsewhere. This can happen even while the building is still being repaired, or even before repairs have begun. The previous carrier may still be paying to repair the property, but meanwhile the building owner needs to seek new insurance for the now damaged property, in order to cover the property going forward.

Why does this happen? Insurance companies exist to make a profit, and when there is a claim they lose money. Insurance companies do not want to insure unprofitable clients. This is the basic rule that governs what an insurance company is willing to insure.

Simply put, when your insurance company starts losing money, your insurance coverage is in danger. It could be cancelled or non-renewed anytime at their request with only 30 days notice. This not only means that you need to shop for insurance again – it means that insurance has become much harder to find, because your building is damaged, and your claims history follows you.

Damaged buildings need insurance during the repair process. Vandalism, water damage, and fire damage are all real concerns while a building is being repaired. There are also other risks to consider when contractors and construction people are coming in and out of your building every day during the repair. Due to the increased risks of insuring a damaged building or a building under construction, many standard “admitted carriers” will likely decline to quote.

However there is a whole galaxy of options outside of the admitted market. These carriers specialize in insuring buildings that, for one reason or another, have been rejected (or priced out) of the admitted market. This includes damaged buildings, buildings with a history of claims, buildings under construction, and other unique situations.

Not every insurance professional knows how to access this portion of the insurance market. In fact, many insurance pros ONLY know how to shop the admitted market (or only have access to one single carrier); when those limited options offer only declines, that insurance pro waves the white flag. This can lead a building owner to (incorrectly) believe that their property needs to remain uninsured for the unforeseeable future.

Here at Mighty Oak, we know how to deal with these situations properly. We have relationships across the admitted AND the non-admitted markets , so we are able to provide quotes to any property owner who needs insurance, even those with damaged buildings.

We also have the experience to know which coverage must be added to a damaged building’s insurance policy in order to fully protect the owner. For example, a policy for a building under construction should probably include a coverage such as Builder’s Risk , while a policy for a vacant building needs to have the Vacant Property Exclusion removed prior to putting the policy in force. These (and other details) are what we look for when we help an owner of a damaged building acquire insurance.

Insuring a Building with Claims

What if your building isn’t damaged at all, but instead just has a long history of claims?

Earlier this year a homeowner contacted us with a predicament: her homeowner’s insurance had been cancelled after she filed one too many claims. Her house was in pristine condition, worth more than $2 million, yet it seemed like nobody could get her a homeowner’s insurance quote. Her claims history had made her “uninsurable” (or at least that’s what she feared).

For over ten years she had been with a standard carrier, just like all her neighbors. But one day a storm damaged her windows and caused a leak, so she filed a claim. The insurance company paid for the repairs. Soon after that, a tree fell on her fence – which meant another claim and another pay-out by the carrier. Finally a couple months after that, the neighbor’s landscape contractor backed over their lawn irrigation equipment and broke the sprinkler system. This claim cost the carrier another $5,000. Their insurance company canceled her policy about a month later, and their agent had no options to replace it. 

When she visited another broker, he checked with all the standard, admitted carriers, and received nothing but declines. Why? Because with every carrier he checked, he was required to explain her claims history. When these carriers heard about the claims, they refused to take on the risk.

None of these these claims were catastrophic, and none were wildly expensive. All were reasonable claims that any insurance company should expect to pay for. Yet just the fact that there were three claims in one year was enough for the client to be shut out of the standard market, even though her house was in excellent condition. When her broker received nothing but declines, he told her she may be uninsurable.

Of course, he was wrong; she was very much insurable. When she was referred to us by a friend, we performed a diligent search of carriers that are willing to take on clients with a history of claims. We found her some quotes that fully insured her property, and she is now insured once more.

Our brokerage specializes in helping owners of “distressed” properties, whether that means buildings under construction, damaged building, or buildings with a history of claims. We can even find insurance for buildings where damage has yet to be repaired. There is a carrier for every situation; no client is uninsurable. We will put our deep knowledge of the insurance market to work for any client that needs insurance, especially those who have been turned away by other brokers.

How to Properly Insure a Mixed Use Apartment Building

A mixed use apartment building in Chinatown, San Francisco

What is a “mixed use” property?

A building is “mixed-use” if it has businesses on the street level and apartments up above. Really, a mixed use building is any building that serves multiple functions. It might be part office and part retail, or part government building and part cafe, or part residential and part commercial. Walk around any major city – such as San Francisco – and you’ll see these types of buildings everywhere, especially mixed use apartments. Here at Mighty Oak, we specialize in mixed use property insurance.

Another mixed use apartment building in Chinatown, San Francisco

The Challenge of Insuring Such a Building

Mixed use apartments, which generally feature apartments on top and businesses on the street level, are ubiquitous in San Francisco. They also happen to be a real pickle to insure properly. Every occupant of this building needs a different kind of insurance: the business owner needs to insure his business, the residential tenant needs to insure his belongings, and the building owner needs to insure the entire property.

In the event of a disaster like a fire, it is crucial that all three of those areas (business, tenant’s belongings, and the building itself) have policies that will pay out! Often times the business owners, tenants, and landlords aren’t entirely clear on which types of insurance they actually need, or what it means to be “properly covered”. For example, if a building owner insures his building, it is important for the business owner tenant to understand that his business property is likely NOT covered at all.

Often these buildings contain many different tenants and businesses that each have their own unique insurance needs. It is absolutely essential to work with a competent insurance broker who can provide insurance options for the business owners, the tenants, and the landlord. Ideally this broker could also educate the whole crew on which occupants are responsible for which insurance pieces.

This iconic corner in North Beach, San Francisco is full of mixed use apartment buildings.

How to Properly Insure a Mixed Use Building

First, we should consider the building itself. Each building needs to have its own Landlords Policy, which will cover the actual building. As the name of the policy implies, this piece is the landlord’s obligation to purchase (and it is the landlord who gains the protection). If the building is damaged or destroyed, this policy will pay back the owner of the property for repairs. Sometimes when an older building is damaged, the city steps in and demands that the property be brought up to code (such as a mandatory earthquake retrofit). This insurance policy can help cover that cost as well. It will even cover lost income, since the owner may lose some rent payments if tenants have to evacuate during repairs.

This policy is crucial for the owner in other ways. For example, if a visitor slips in the stairwell and decides to sue the property owner, this policy will pay the legal bills and damages. If a tenant decides he’s been wrongfully evicted and chooses to sue, this policy may cover the landlord’s legal fees. In other words, the building is the landlord’s business, so it should be insured in almost all the same ways a business would be insured: protect the property itself, protect the owner’s income, and protect the owner from lawsuits.

A typical mixed use property, with apartments upstairs and a bar downstairs. The owner must insure this entire property, since he owns the whole building.

Now that the building itself is covered, the rest of the building’s inhabitants (both residential tenants and business owners) need their own separate insurance. Take the example below: we see that the red units are residential units and the blue units are retail commercial units.

Each occupied unit needs its own insurance coverage. But wait – haven’t we already insured the building? Why should each tenant have to insure their own unit? Actually the tenants do not need to insure any part of the building itself, but rather their own belongings inside their unit. The Landlord’s Policy will not cover any of the tenant’s belongings, and in the event of a fire, the tenant will not be reimbursed for lost items unless he carries his own separate Renter’s Policy .

A Renter’s Policy is also known as “contents coverage”, or insurance coverage that does not cover the structure itself, but instead the contents of each unit. Every residential tenant can cover his own belongings without having to pay for coverage for the building that he does not own. These policies are designed to protect the tenant in case something like a burst pipe destroys their belongings. A good Renter’s Policy can even cover a tenant’s liability, say if the tenant accidentally starts a fire that destroys the neighboring tenant’s belongings. The combo of a Landlord’s Policy and Renter’s Policy ensures that the building itself and all the stuff inside it are protected from accident or disaster.

What about the businesses on the ground floor? They are also tenants, but they don’t live in their unit. These commercial tenants need policies that cover their:

Business Property – Covers their equipment, tools, and other contents of the commercial unit, in case they need to be replaced after an accident or disaster.

General Liability – Covers the business owner in case a customer gets injured or someone else’s property is damaged during the normal course of business. If someone slips inside the business and decides to sue the business owner, this policy will pay his legal bills.

Workers’ Comp

– If an employee is injured on the job, this policy will pay the medical bills. This type of insurance is legally required for any business that has at least one employee.

Just like the residential tenants, these business owners do not need to cover any part of the building itself, but only their own businesses inside their unit

This is why a mixed use property is the perfect intersection of personal insurance and commercial insurance, all in one property. A good broker can work with the entire building to cover the owner and every tenant in a way that protects everyone without forcing anyone to pay for insurance they don’t need.

Admitted vs Non-Admitted Insurance

"Admitted" insurance policies are those sold by companies that have been licensed by the state where the insured's business operates. These admitted carriers are subject to regulations by that state, which means they tend to be more conservative in their underwriting. In the real world, this means that admitted carriers tend to offer insurance only to businesses that have a lower likelihood of filing large claims. These low risk businesses might include offices, clothing stores, small restaurants, tech start-ups, and other similar businesses. Admitted carriers are also backed up by the state's insurance guaranty fund, which means if that carrier goes bankrupt the fund will step in and pay out claims.  Overall, admitted insurance is considered to be ideal due to the state support, low cost, and extra coverage that tend to come along with admitted policies. However, businesses with more risk of filing large claims are usually unable to acquire admitted policies due to the strict underwriting guidelines.

Larger business, or those with higher risk of filing large claims (such as construction companies, roofers, manufacturing operations, farms, and damaged properties or properties with a history of claims) tend to get immediately declined by admitted carriers. Therefore they have to get their insurance from "non-admitted" carriers. This simply means that the carrier is not licensed by the state. They may be licensed in another state, or even another country (such as Lloyd's of London). Since they are licensed elsewhere, they do not need to comply with the strict state insurance regulations. Therefore these carriers are free to take on higher-risk businesses. These carriers are also not supported by the state insurance guaranty fund. If a non-admitted carrier goes bankrupt there will be no bailout. While this seems risky on the surface, there are other ways to check the financial reliability of a carrier, such as the AM Best score, which rates carriers from A++ to F. Many non-admitted carriers are rated A- (Excellent) and higher, which means they have are considered financially stable. For businesses with more risk or claims, non-admitted carriers are often their only option for acquiring business insurance. There is a vibrant market for non-admitted (also known as "surplus lines") insurance, and lots of options available for business owners. 

Builder's Risk Insurance

If your property is undergoing a significant remodel, or if you are building from the ground up, or if your building has been damaged and needs to be reconstructed, you may want to consider Builder's Risk Insurance. This type of coverage protects buildings while they are under construction, as well as materials, fixtures, and/or equipment used during the construction or renovation of a building. If this property is damaged or stolen, Builder's Risk can pay to replace it, and keep your construction project running smoothly. Buildings under construction tend to be more susceptible to theft, vandalism, fire, and extreme weather. Sleep easy at night knowing that your investment is protected from hazards you can't prevent.

Renter's Insurance

If you are a renter, you are not responsible for insuring the property in which you live (that's the landlord's job). You DO however need to insure your belongings. Your landlord's policy will not cover any of the stuff inside your apartment or rented home, so a Renter's Policy is there to fill in the gap! In the event of extreme weather, burst pipes, theft, fire, vandalism, and other disasters, your Renter's Policy will pay to replace your damaged belongings. These policies can be crafted to cover exactly what you own, including clothing, furniture, jewelry, musical equipment, appliances, and more. Just make sure you work with a good broker to create a detailed inventory of your belongings, so you get a policy that meets your individual needs (your broker can also help you organize receipts and photos of your belongings, so it will be easy to demonstrate to the insurance company what you lost after a disaster).  A Renter's Policy can even pay for injuries and property damage that you accidentally cause, in case someone is injured in your apartment, or if you leave your bathtub running and flood the apartment below yours. Some policies can even cover living expenses, in case a disaster forces you and your family out of your home for a certain period of time. Renter's Policies are generally pretty affordable, especially when bundled with car insurance, so it's usually not a huge hassle to protect your belongings.

Workers Compensation Insurance

If one or more of your employees gets hurt on the job, Workers Compensation Insurance (Workers Comp) can cover the medical bills, and even cover lost wages. As an employer you are required by law to have Workers Comp, even if you only have one employee. This type of insurance is based on a "social contract" between business owners and employees. Employees are entitled to prompt and effective medical treatment for work-related injuries (paid for by a business owner-funded insurance policy), and in return business owners are protected from lawsuits related to those injuries (if there is a Workers Comp policy in place, injured employees generally cannot sue their employer for damages). Without a Workers Comp policy in place, a business owner is legally on the hook for every work-related injury his employees suffer, plus whatever damages might be awarded in the lawsuit that follows. In the case of even a moderately bad accident, this can quickly bankrupt a business and leave the injured employees without income or the money to pay their medical bills. This is why in California failing to have Workers Comp is considered a criminal offense (Section 3700.5 of the California Labor Code), punishable with fines up to $100,000. On the plus side, once you have it in place, you, your employees, and your business are all protected from sky-rocketing medical bills and endless lawsuits. If there is a claim, the insurance company will step in and cover the costs, so the employer can focus on running the business. Workers Comp can even provide death benefits in the event an employee is killed on the job.