Archive for the ‘commercial building insurance’ Category

Falling icicles – property owners liability insurance

Wednesday, December 8th, 2010

Under a standard residential or commercial building insurance policy, you will have certain covers. One of these will be in respect of your liability to third parties, whether this is physical property or people.

Cold snap seems such a lightweight phrase, given we are now sitting at -15 in Scotland and most of the UK is likely to spend the next day or so at sub zero temperatures. But, whatever we call it, is dangerous out there. As buildings start to heat up, this causes the snow to melt on roofs (only slightly) and as the water follows it’s gravitational force downwards, icicles are forming everywhere.

But what do you do if an icicle falls, without damaging your building, and damages someone’s property (ie a car) or worse still, hits someone? Falling icicles, if they cause damage, will be covered under your property owners liability insurance.

As the owner of a property, you can be held liable for things falling off of roofs and the structure. In the main, this will relate to business insurance policies. But, your  policy in respect of your house will also cover this, although it is more likely for people and property to be injured by high street type buildings.

The golden rule, is that if anyone alleges anything against you, you must inform either your broker or insurer as soon as possible. Take the persons deatils and if necessary, offer and administer first aid (if you have a competent person to do this) or alternatively offer to call an ambulance. Always make sure though that you get a claim raised against your policy as early as possible.

Weight of snow – does this fall within your business insurance cover?

Tuesday, November 30th, 2010

Does a standard business insurance policy include cover for weight of snow? In a word, yes. Or at least this is what the answer should be. In the 2009/2010 winter, particularly in Scotland, we saw the highest level of weight of snow claims for many, any years.

Some farmers were saying that they had been trading for over 20 years and had never had any damage by weight of snow. Then, after days, if not weeks of persistent snow fall, the more modern metal barn roofs were collapsing every where.

This normally only affects policies where you have some form of commercial building insurance included as it is the structure that suffers the damage. But, is this covered or not. As we have said, the answer should be yes. You are obliged to take care of your own property and any policy will say that you must mitigate, or reduce future losses.

This does not mean that you have to put yourself at personal risk and start climbing on the roof shifting snow. As with any claim, insurers will ask for a claim form to be completed and they will refer to weather records for the time of the damage. If the records tie in with heavy snowfall, then they should (assuming all other points are valid) consider the claim.

If, however your insurer starts to say that it is not covered, then you need to make a formal complaint, and if not accepted take this to the ombudsman. If your policy does not define Storm, then you need to base this on one of two things. Either an agreed dictionary definition, or based on past legal precedents set.

It is unlikely that an insurer will say that weight of snow is not covered, they may try to repudiate or turn down a claim based on a building being in poor condition though.

Business insurance – what does average mean?

Saturday, October 23rd, 2010

If you have a business insurance policy, or you have just received a quote, you may be told by the broker that “average” applies to the cover.

You may well wonder what average means and how this affects the insurance. Your policy may contain a clause that is called something along the lines of Reinstatement Basis or Reinstatement Condition. It is one of the standard general definitions of a policy and applies to the vast majority of commercial insurance products. It is more commonly called average and it is extremely important.

An insurer wants to receive the correct premium for the risk they are facing. A 17 year old, male, living in an inner city with a sporty car is going to pay more than a middle aged family man in the country. So, if the 17 year old lies and says he is 47, he will not only get a cheaper premium but he will also have any claims he makes turned down as h has misrepresented the risk to insurers. They do not, and cannot, check on the validity of the information provided at quote stage. This is why you complete a proposal form or accept a statement of fact and this forms the basis of the policy. ie, if you lie the the policy is invalid.

Now think to a commercial policy. If you have a stock holding of £50,000 and you only declare £25,000 to the insurers, you will be underpaying that element of the cover by, say 30-50%. If there is then a loss the insurers will apply the average clause. You under-insured by 50%, so any claims settlement, whatever the amount, is reduced accordingly. So, if a flood destroyed £10,000 of your stock, the insurers would only pay 50%.

The same applies to buildings, with commercial building insurance, you need to declare a re-building or reinstatement cost for the property. If you mis-represent this amount to insurers then any claim will also be reduced.

For example, if your 1,000 square foot warehouse is £200 per square foot to rebuild, you should insure for £200,000 plus 20% for additional fees, costs and a contingency, ie £240,000. If you insured for less than the correct figure, you could face a reduced payment.

The secret is, to get a proper commercial valuation of the rebuilding cost, every 3-5 years. It may cost £2-300, but it reallyis worth it because you are safe in the knowledge that if the figure is wrong you have not only done all you can, you have also got the potential of suing the valuer.

Commercial building insurance – the importance of maintaining your property.

Monday, October 4th, 2010

Anyone who owns, and has in force commercial property insurance, needs to ensure that at least once a year they sit down and read through their insurance policy and schedule.

The schedule is the document that gives the specifics about your building, ie sum insured, address, construction and location. The policy wording is the generic insurance policy that your insurers use for the particular type of cover you have. You coudl read through all of the commercial insurance policies in existence and they will all contain one particular clause, condition or warranty. This is, that you must adeautely maintain your building and undertake all repairs that are necessary.

If you do not maintain the building, and for example, the roof leaks, you could potentially find yourself without a claim being settled. Insurers are becoming more and more ruthless. This is not to say that they are turning down claims without cause, but they are trying to prevent the honest policyholders who have  policies in force to protect the unforseeen circumstances, having to pay for those who expect insurance to pay out on every single claim they may make.

If necessary, you need to get a roofing contractor in on a regular basis to check that your flat, tiled or pitched roof is in good condition. If the insurers can prove that the roof was in poor condition, and therefore the loss was not really unforeseen, then you could be financially out of pocket.

Commercial property insurance – flat roofs

Wednesday, September 1st, 2010

Chances are that if you have a commercial property insurance policy in force, there will be a condition or warranty relating to any non-standard constructed roofs. If your property or properties have a normal pitched roof covered with slates or tiles, then this does not apply. However, if part or all of your roof is flat, then you need to exercise care as to what exactly is, or is not, covered by your policy.

Most policies will provide the usual  range of perils such as storm, flood, fire, theft, burst pipes etc. But, properties that have flat roofs are usually more susceptible to certain types of loss than a traditional roof.

Concrete roofs are not so bad. You do not see many of them nowadays (in new builds) but throughout the 70’s and 80’s this was a popular form of construction because it was quick and sturdy. What insurers are concerned about is flat roofs that can, over time, deteriorate in condition. We are particularly talking about felt or asphalt on top of timber. In the main, this type of construction was used on extensions as opposed to the whole roof on a new build. There are many properties though where the whole property is roofed with felt on timber.

If you are receiving rental income on the property, or you occupy the property yourself (for your trade) then you will have arranged a policy through a business insurance broker. 9 times out of 10, the policy will have been sold based on price. The cheaper the policy though, the more careful you need to look at the conditions and/or warranties.

For example, you may have a standard business insurance policy which has a nice, low, £100 excess. But, if you look carefully, any losses attributable to the flat roof may be subject to a significantly higher excess. £500 is the norm and this can rise to £750. This means that for every loss relating to the flat roof, you will pay a huge chunk of any claim, if not all of it. Also, the policy may state that you need to have the roof inspected every year, or bi-annually, by a competent contractor (ie not yourself) and any defects remedied.

This covers three points. Firstly, the increased excess may make the cheaper policy youhave bought not such a good deal. Secondly, the cost of getting a contractor even to look at a roof can be a few hundred pounds and thirdly, you will need to provide written evidence that you have had the roof inspected within the last twelve months. So you cannot get away from the additional costs.

All in all, it may seem like a good deal to get a cheaper premium, but as we always point out, the devil is in the detail.

Commercial building insurance – separate policies

Monday, August 23rd, 2010

Many companies will include cover for buildings in their standard business insurance policy. This can be for one of three main reasons:-

1) The business, whether a sole trader, ltd or partnership, actually owns the building that they operate from.

2) There is a full insuring and repairing lease in existence.

3) The business does not own the building, nor does it have an insuring and repairing lease but still arranges cover.

The question regarding option 3 is, whether this is the correct way of doing things. There are many basic principles and rules relating to insurance. One of these is that you cannot arrange cover on any property or person that you do not have a financial interest in, unless this is legally required.

For example, I cannot arrange commercial building insurance for the factory down the street, because it is nothing to do with me. If it burns down tonight, why should I benefit financially?

There are cases where an individual owns a building and decides to put this in a trust, related to their pension. In these cases, the individual may choose to rent the building to their own limited company.

This needs to be considered very carefully though. The reason being that if the limited company is in financial trouble at all, then there is the potential for the cover on the structure not to be paid or if there is a loss, the payment will only go to the limited company and it’s creditors may claim the settlement monies.

In these cases, the actual policy that covers the building should formally note the financial interest of the building owner. ie a policy for ABCDE Limited, should note the financial interest of Mr Joe Bloggs as the beneficial owner of the building. Therefore, in the event of a loss, to the buildings, that is covered by a policy, the payment will only be made to Mr Joe Bloggs.

If there is any doubt about this, you need to speak to a specialist, independent business insurance broker to make sure you have the right cover in place.

Commercial building insurance – wear and tear

Tuesday, August 10th, 2010

Every commercial building insurance policy is designed to pay out on events that were not expected. It may seem simple, but this is really the crux of a policy. You are swapping some money, every year, in return for someone elese agreeing to shoulder the risk when damage is caused.

You cannot, in most cases, insure for things that you could reasonably expect to happen. I could not go to Lloyds of London and ask to buy a policy that pays out on me reaching my (next) 43rd birthday. Whilst there is unfortunately a very, very small chance that it will not happen, the overwhelming chance is that it will occur. So, no-one is going to want to lose money by paying out (more than the premium) on an event that is more than likely to happen.

The same can be said of commercial building and business insurance. You cannot buy a policy for an event that you know will occur. If you have a claim against your building policy for storm damage, then this must occur because of the storm.

If you have guttering or tiling on your roof that is in poor condition and obviously needs some repairs and maintenance, then you really cannot expect a policy to pay out for damage. If you had maintained the building better, then a storm would only cause damage if it was quite severe. However, if you have a gutter that has been hanging off for years and then a light gust of wind blows it onto your neighbours greenhouse, should your insurers pay out?

Commercial building insurance – partial unoccupancy

Wednesday, August 4th, 2010

How does your commercial building insurance change, when you have only part of the premises unoccupied? As we begin to exit the terrible recession that 2009 represented, many commercial landlords are starting to, at last, see occupancy rates on the increase.

Many properties are either are retail or commercial on the ground floor with some residential above. Most of the properties with flats have seen occupancy fairly steady. Of course, landlords have had to reduce, or keep their rents unchanged.

But, many are now still trying to get their commercial portions let and it may be that you have a few commercial units, some of which are empty and some are occupied. You will, if you have business insurance, have this arranged on a property owners policy. This will cover the bricks and mortar, fixed glass, loss of rental income and property owners liability.

It depends on who are your underwriters for the cover, but in the main most policies will restrict the cover for the unoccupied portions of the property whilst empty. It is not only the restrictions you need to look out for, but also the terms and conditions that apply.

For example, after 30, 45 or 60 days, most policies will restrict the cover to fire, lightning, explosion, aircraft and property owners liability. This is normal for most insurers. But, certain ones will have un-occupancy conditions, which may or may not include any of the following:-

1) The need to turn off all services and drain down water systems (even if you do not have cover for burst pipes).

2) Letter boxes to be sealed up.

3) Weekly visits to be made, with a log recorded of each and every visit.

4) Ground floor windows to be boarded up.

Most of these conditions, apart from the letter box one, are fairly strict and wil cost you time and money. Other insurers are more flexible, depending on how long they are likely to empty for.

Subsidence – make sure you have adequate cover.

Monday, July 19th, 2010

Since the terrible summer of 2007 and the floods across the country we have not had such dry weather. 2008 and 2009, whilst not so bad, were hardly the summers we remember from the past.

No-one will forget the Met Office announcing with great fanfare that 2009 was going to be a “barbecue summer”, only to state 5 months later that this was only a 60% prediction, which of course was wrong.

As a result of this, the business insurance companies, that insure buildings and properties, have seen a marked dip in claims for subsidence over the past four or five years.

We have had cracking weather in 2010 so far, a few blips of course, but the “phew what a scorcher” headlines have been justified. Whilst we have had a good summer, we have also had a very dry winter. A lot of snow of course, but this has not soaked through to the soil under our houses and businesses.

We are starting to see an increase in claims under business building insurance for cracks in the actual structure. The causes of subsidence are many, the main ones being a simple draining of soil, which results in shrinkage which cracks the structure and tree roots, in search of moisture, drying out surrounding soil.

With the advent of websites that “offer” to compare business insurance, as they are price driven, there is an increase in quotes being provided at a very basic level. What this means is that people are getting quotes without subsidence, because it can be 10 or 20% cheaper.

This will start to be a problem as people start to have claims and then realise that there is no cover in place. The first thing you should do is speak to a business insurance broker and get them to review all of your insurance requirements, one of them being the cover you have. Secondly, if you do not have subsidence, heave or landslip (the 3 main covers) either get this added to your policy or take out a new one with this, vital, cover.

Business insurance – insuring a building I do not own.

Sunday, June 13th, 2010

One of the basic principles of business insurance, along with other types, is that you must have an insurable interest in the item, building, asset etc that is to be insured.

For example, you could not take out a commercial building insurance policy on the local supermarket and receive a payout if it suffered a fire. There are two reasons, firstly you have nothing to lose if the building is damaged, and therefore no financial relationship to it and secondly, there will be dual cover in force.

But, there are times when you can arrange a policy for a building that you do not own. This is when the landlord allows you to insure the property, but they have their financial interest, as the beneficial owner, noted on the policy. This is usually through you having a full insuring and repairing lease.

You have, through the signing of the lease, agree to arrange suitable cover. But, if the building were destroyed, then as you are not the beneficial owner, then you do not receive any financial gain.

A full insuring and repairing lease is more rare, but it is always worth checking whether you need to arrange cover.