Typically when I ask this question many owners or construction folks simply respond , "the expiration date on my Builder's Risk Policy is _____ " . Which is naturally the wrong answer or I wouldn't be writing this post. The correct answer is WHEN YOU GET YOUR CERTIFICATE OF OCCUPANCY, OR whenever the policy actually expires, whenever is sooner. Thus by example for those a little thick in the skull : It's June 1st your project is built, units are being marketed & sold, you just have some minor punch list stuff, AND the City has given you a Certificate to Occupy , you no longer have Builder's Risk (Property Coverage), even though the NY Builder's Risk policy you bought does not expire until October. Why you ask, because in the policy ( policy is one of those cute insurance terms which really mean CONTRACT) it simply states coverage ceases upon receipt of the Certificate of Occupancy. Yup, I said, it's out there, whew that feels so much better!
Now that I have sufficiently crinkled your brow, while the blood leaves your fingers as you furiously dial the phone and call you insurance broker, let Ricky "splain".
Quick Primer on Insurance:
- Insurance is simply a mechanism to fund a loss, that's it. Forget all the Mutual of Omaha Commercials you saw as a kid. It's a bank loan in reverse that only get's partially re-paid. If you had to repay the whole thing it would not be called insurance , it would be called a bond! Did I lose you?
- The mechanism that triggers the funding of the loss is buried in the insurance contract. When you buy insurance you buy a unilateral contract. Yeah they are crazy long and cumbersome to read, but let's cut to the quick. Focus on a few things out of the box, "EXCLUSIONS" , DECLARATIONS PAGE , and COVERAGE TRIGGERS.
- I mention exclusion because Insurance Carriers typically go to great lengths and detail to tell you up front "if this happens your on your own; basically."
- Declarations Page because this is the info that specifically relates to you, the rest is Boiler Plate. If the info is wrong here and a loss occurs count on two things happening. The quickest RED STAMP DENIAL you ever saw, and then huge legal bills trying to blame everyone else why the info on the Dec page is wrong in the first place thus the claim being denied.
- Lastly, coverage triggers which are typically broad events or characteristics. An example of a coverage trigger I always use when someone calls in a claim : THE INSURANCE SNIFF TEST - was the event "sudden and accidental" in nature. If it's a leaky pipe, typically no, as the damage from that event happens gradually over a long period of time. Burst Pipe, not so much.
Got it ! Still frowning or is that a small knowing smile I detect. Come on, in just a few short sentences I made you feel better. Unless of course your the poor S.O.B. who googled "Builder's Risk Insurance New York" after his building was taken out from a gas explosion 100 days after the Certificate of Occupancy was issued. F.Y.I. I write these little educational sarcastic pieces so you are informed and can avoid such drama.
Here's a quick tip when you buy Builder's Risk going forward: ASK FOR A " Right to Occupy Endorsement" . Some insurance carriers will name the endorsement something different but essentially it's function is to extend coverage 90 days AFTER the Certificate of Occupancy was issued. It helps , perhaps not as much as we would like in this market where it may take a year to sell many units, properties or buildings, but it can be helpful and give you some breathing room. Another point of clarification is to see if the insurance carrier makes a distinction between "Certificate of Occupancy", and a "Temporary Certificate of Occupancy".
HERE"S YOUR ACTION PLAN:
1) Build a Spreadsheet with your buildings , projects , or properties on it.
A. Make it 4 columns ( Column 1 Property Address , Column 2 C of O Date, Column 3, Builder's Risk Expiration Date, Column 4 Coverage Yes/No
2) What's it look like? If you have a problem (see text above) , questioning coverage, call the Jimmy Neutron who placed the insurance and get clarification. If you can hear the person blinking on the other end of the phone add find another Broker to the To Do List.
3) Either extend out the Builder's Risk consistent with what your spreadsheet is telling you, ( hint only works if it's an expiration issue, not a C of O issue, get either a vacant building quote , or a quote to bind coverage consistent with the buildings ulitmate intended use. For example, if the building is going to be more than 50% occupied in the next several weeks, and it's an Apartment rental, purchase an insurance contract for Apartment Buildings. If you have trouble securing end use insurance for your property then you MUST purchase vacant building insurance to bridge the gap between Construction ( Builder's Risk) & End Use ( Rental Property Insurance).
If you are still having a problem, and are confused then call these guys they are awesome! Metropolitan Risk Advisory. Yeah that was an unabashed plug, sorry might I digress.
Hopefully you are feeling a little better. To solve any problem first it must be understood there is a problem, Quantify it, then you can pick a course of action.
Now that we spoke about Property ( Builder's Risk ), what about liability................
Uh Oh, your'e frowning again, sorry!