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Join the IIAW's Task Forces & Councils

Posted By Kaylyn Staudt, Thursday, July 21, 2022

Join the IIAW's Councils and Task Forces Today: s.pointerpro.com/volunteertoserve

The IIAW is looking for volunteers to serve on the IIAW's councils and task forces. Each council and task force will act as a sounding board for the IIAW and will only have three virtual meetings per year. Participation in the IIAW task forces and councils gives you exclusive access to industry experts, exclusive networking events and FREE CE opportunities during most virtual meetings when content allows. 

Opportunities for 2022-2023 include: 

• Personal Lines Task Force - this task force is for individuals interested in or who have a role in Personal Lines insurance

Virtual Meetings from 9 a.m. to 11 a.m. on 10/27/22, 3/2/23 and 7/13/23

10/27 Meeting Topic: Replacement Cost: Determining Values for Personal Lines Customers

• Commercial Lines Task Force - for individuals who are interested in or who have a role in Commercial Lines insurance

Virtual Meetings from 9 a.m. to 11 a.m. on 10/26/22, 3/1/23 and 7/12/23

10/26 Meeting Topic: WC Rate Decrease Overview

• Employee Benefits Task Force - for individuals who are interested in or who have a role in Employee Benefits

Virtual Meetings from 9 a.m. to 11 a.m. on 11/3/22, 3/9/23 and 7/20/23

11/3 Meeting Topic: E&O Claims in Employee Benefits

• Industry Relations & Operations Council - for insurance professionals who have an operational or leadership role within an agency or company

Virtual Meetings from 9 a.m. to 11 a.m. on 11/1/22, 3/7/22 and 7/18/23

10/27 Meeting Topic: Budgeting & Planning for 2023

• Government Affairs Council - for individuals interested in staying informed and providing feedback to the IIAW's Board on Wisconsin and national legislative and political happenings. 

Virtual Meetings from 9 a.m. to 11 a.m. on 10/25/22, 2/28/23 and 7/11/23

10/25 Meeting Topic: Election Preview & Update

• Emerging Leaders - For insurance professionals looking to cultivate their skills for a successful career by engaging in association activities, professional development, education and events

Virtual Meetings from 9 a.m. to 11 a.m. on 11/2/22, 3/8/23 and 7/19/23

11/2 Meeting Topic: Cyber Liability Market Update

We will be hosting a kickoff event on September 21st for the IIAW councils and task forces to plan for the coming year. This meeting is free and open for all interested in joining a task force or council. Make sure you visit the below link to join so you will receive communications regarding this kickoff event and other task forces & councils information. Additional event details to come.

Join the IIAW's Councils and Task Forces Today: s.pointerpro.com/volunteertoserve

Tags:  commercial lines  emerging leaders  employee benefits  government affairs  IIAW councils  IIAW task forces  industry relations  personal lines 

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Commercial Lines - How the Insurance Industry Can Keep Up With the Energy Sector

Posted By IIAW Staff, Thursday, June 30, 2022
Updated: Thursday, July 21, 2022

By: Clay Fuchs & Grant Bryant, Risk Placement Services

 

Since the end of 2021, the geopolitical landscape in the energy market has dramatically changed and continues to do so. The current conflict in Ukraine; China's continued implementation of its zero-COVID-19 policy; coordinated releases from the U.S. Strategic Petroleum Reserve; and oil producers' decisions to limit any increases in production are all having an impact.

 

Meanwhile, oil prices remain volatile and oil executives have argued against ratcheting up output, unconvinced that demand will be there when the wells come online. Their focus, like any business, is returning value to shareholders, reducing debt and providing consistent growth into the future.

 

Yet, we are seeing signs of increased production activity. From the end of 2021 to April 2022, rig counts rose 17.5%. This increase indicates a corresponding increase in all ancillary oil and gas activity. With major oil production companies committed to sustained growth and focused on profitability, the growth in rigs is primarily being driven by more nimble private operators who haven't seen a favorable economic environment for their businesses in many years. We're likely to see this expansion continue. However, economic uncertainties could result in a supply glut if certain geopolitical events lead to less demand or an increase in supply.

 

We're also continuing to see a continued drop in drilled but uncompleted (DUC) well counts, which is another indication of increased production activity.

 

So, what does this mean for the insurance industry? We've seen insureds of all sizes—from an oil and gas consultant to a major drilling company—increase projected revenues by at least 20%, with some growing by as much as 300%.

 

Increased activity in the field comes with increased claims, which we're also seeing. The auto line of business is generating much of the activity as more oilfield drivers, many of whom are recent hires, may not have much experience.

 

 

Many energy underwriters are requesting additional information regarding fleet controls and are also limiting when and where they're choosing to deploy capacity in the umbrella space. Therefore, it's important to look ahead on accounts with large losses or a large fleet to develop a game plan in advance of the renewal.

 

Success can be found in placing difficult, wheels-driven accounts in the energy sector by leveraging underwriter relationships in the environmental, transportation and energy marketplace. Collaborating on renewals early and getting the information to market in a timely manner can help decrease the turnaround time for underwriters.

 

Though auto and umbrella lines of business remain challenging to place, we're starting to see rates level out in these areas, as well as in general liability. Over the last few years, underwriters have focused on securing rate increases or non-renewing undesirable accounts and their efforts have resulted in a semblance of calm after the storm. We continue to see underwriters seek up to 10% rate increases on accounts with steady exposure growth while loss-free accounts within an underwriter's targeted business lines can see increases under 5%.

 

Not all energy carriers are in a great spot. We have been monitoring some carriers regarding questionable renewals on certain accounts. This includes both carriers in the excess & surplus and admitted markets across transportation, environmental and casualty lines within the energy industry. Our advice is to proactively communicate with underwriters early to get a better picture of the renewal.

 

Underwriters remain focused on account retention—and with exposures growing throughout the industry, this focus is even more critical.


This article was originally published on

iamagazine.com in June.

Tags:  commercial lines  commercial property  energy sector  insuring Wisconsin  wisconsin independent insurance association  wisconsin insurance agency help  wisconsin insurance blog 

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Commercial Lines | Submission Quality in Real Estate Portfolios: The Good, The Bad and The Ugly

Posted By IIAW Staff, Tuesday, May 31, 2022
Updated: Tuesday, May 24, 2022

 

By: Angela Oroian, Vice President & Executive Managing Director, Society of Environmental Insurance Professionals 

 

Angela Oroian is vice president & executive managing director of the Society of Environmental Insurance Professionals (SEIP), a 501(c)(3) nonprofit association dedicated to helping its members utilize environmental insurance products to provide more valuable services to their customers.

SEIP enhances the professional capabilities of its members through focused educational forums, technology-enhanced knowledge management and access to specialized multi-disciplined resources in fields related to environmental risk management. 

This article was originally published here from iamagazine.com on April 4, 2022.

 

The insurance industry has faced the most significant digital revolution in the recent decade, completely changing how real estate portfolios are underwritten, bought and sold. In a hardening market, with narrowing carrier appetites, this puts pressure on real estate transactions to be adaptive, competitive and meaningful with terms and conditions provided.

 

The most significant barrier to meaningful terms and conditions is the quality control of submission data between parties. A quality submission, or lack thereof, could make or break a business relationship or a sale between parties.

 

How does the quality control of submission data play such a pivotal role? "It starts and ends with a good submission," says Joe Quarantello, senior vice president, Risk Strategies. Submission quality for a risk sets the foundation for a win, whether it's for a broker to an insured, an underwriter to a broker, custom-designed technology systems for underwriters and brokers, legal team to brokers, and so forth.

 

The revolution of technology, constant quality control of submission data, and the heart of insurance— utmost good faith—are fundamental to creating favorable outcomes among partners in real estate transactions. A group of experts answered the burning questions on submission quality in real estate portfolios.

 

Disorganized Data

In an airing of grievances at an underwriter's Festivus—see “Seinfeld," season 9, episode 10—the most pronounced undoubtedly has to be: Why does the schedule of values (SOV) never match the environmental site assessments?

 

The amount of time and energy that all parties spend reviewing and analyzing data in submissions is highly inefficient. “I really think that people in the real estate portfolio world for environmental insurance spend half their time battling organization of the submission," says Michael Gill, Partner, Synapse Services LLC. “This has been an ongoing issue in this space for as long as I have been in environmental insurance."

 

The disorganization of data is one of the biggest barriers to thoughtful terms and conditions. How can the most crucial part of the submission be given the least amount of time in a portfolio presentation?

 

We have all heard the term “time is money," and when accessing a deal or opportunity, presentation is everything. Thoughtful presentation of data by default shows receiving parties the seriousness and professionalism of the presented portfolio. In transactions like real estate portfolios, there will always be teams of experts on the opportunity.

 

An organized presentation of data is the equivalent to dressing for success. Equally, the result of an unorganized submission with a lack of data can portray a lack of seriousness or indicate a lack of controls in place to receive the necessary data to offer the best terms and conditions for that risk. A great rule of thumb is to lead with your best submission foot forward.

 

Industry Experience

 

This isn't to say that meaningful terms and conditions are not given ample consideration by underwriters, even if some submissions resemble Swiss cheese rather than a real estate portfolio.

 

Industry knowledge and experience play a crucial part. “In the past, underwriters understood these real estate portfolios' risk historically and industrial usages were underwritten to that historical knowledge. But with emerging contaminants, you are also going to get more questions," says Hiral Shah, senior vice president, Environmental Sompo Global Risk Solutions. For example, different kinds of industrial use indicate potential exposures that need to be underwritten.

 

“Many emerging contaminants are changing in the marketplace now, not just the usual ones we hear about," Shah says. “Today, there's more of a renewed focus around the tenant uses, what kind of tenants are being brought on, [whether] they have environmental insurance in place—that data is even more pertinent now to the underwriting review."

 

In bridging data gaps in submissions, “the most effective broker knows their client and obtains the information needed, whether that be from a principal of the insured, the risk management department, the legal department or the operations department," says Marcel Ricciardelli, senior vice president, Allied World Environmental and Design Professional Divisions.

 

Established relationships and knowledge of risks can eliminate a substantial amount of rework between the broker and the underwriter. If brokers can collect the information to the underwriting questions that would impact the terms and conditions, it results in the best terms and conditions.

 

Equally important is that the portfolio presentation recap all information collected—and information not presented—that the client provides. Setting expectations and timelines on data collection also shows the professionalism and seriousness of the broker toward the proposed risk or portfolio.

 

Timing and Tech

 

A silver lining to data and submission presentation is that “a perfect submission does not need to be onerous to put together," Shah says. “It's just the timing of the work as to when you're going to do it. Either before the submission, after the submission or after binding."

 

Environmental insurance industry leaders unanimously agree that underwriters must include certain criteria in a submission. Accurate and organized information should include:

• SOVs.

• Loss runs.

• Environmental site assessments and current reports.

• Ensuring the number of sites on SOV correspond

   with assessments.

 

Specialized technology also helps improve submission quality in real estate portfolios and can play a considerable role in handling an organization's "grunt work." Most organizations have a digital ecosystem of software they use to harness, sort and exploit data to maximum capacity and efficiency. But with any run-of-the-mill technology, there are also barriers to the degree to which the best results from software can yield the best results.

 

The history of insurance industry technology shows that the information needed has remained the same, but the way the information is collected has been revolutionized. In the 1990s, businesses upgraded from yellow pads and dusty physical data rooms to passing around Excel spreadsheets for property lists and electronic Word or PDF documents. Today, data transmission is primarily via email and file transfer protocol (FTP) sites. However, file size limits and "bucket-of-docs" architecture make downloading laborious.

 

From a brokerage standpoint, “previous technologies never solved the unanimous issue of inconsistent file naming and the constant fear of carriers not receiving information, which could result in losing a deal from a brokerage standpoint," Quarantello says. “The amount of time and energy spent on handmade Excel spreadsheets leaves far too much room for human error, especially if the real estate portfolios are consisting of 20, even 30 or more sites."

 

In utmost good faith, insurance brokers should never make the underwriter make assumptions on the risk. This is when things can be misunderstood to the detriment of terms and conditions and, ultimately, your insureds.

 

"There is value to communication around what are must-haves or the priority of the information needed," Shah says. “This goes hand in hand with the submission quality."

 

Quality Characteristics

 

So what are the characteristics of a quality submission? A master property list with good addresses is fundamental, as is a complete list of engineering documents. But there are plenty of portfolios underwritten on mismatched spreadsheets with missing documents.

 

According to David Oldow, principal at Griptiller LLC, there are two important steps to sharing solid submission data between transaction partners:

 

1) Data gathering. Brokers sort and reconcile data provided by their clients to get an understanding of the risk as well as the quality and completeness of the supporting data. Miscellaneous docs are culled, a master property list is confirmed, and the age and quality of reports are noted. This is a great opportunity to work with the client to perfect the data.

 

2) Data presentation. The data is presented to the market to ensure a quick understanding of the risk, including making it easy to download. Underwriters with a good picture of the portfolio can quickly calculate their underwriting workload and get into the documents. Speed, accuracy, communication and efficiency improve when manual processes are digitized.

 

Have crucial conversations with all transaction partners to yield the best terms and conditions. Presenting the Swiss cheese equivalent of a submission may result in the Swiss cheese equivalent of terms and conditions.

 

If you are providing a quality submission through organized data, using custom-designed technology for real estate portfolio transactions and maintaining utmost good faith, it only results in "better business relationships that work together innovatively with trust and credibility for all partners," Quarantello says.

Tags:  commercial lines  commercial property  insuring Wisconsin  real estate portfolios  wisconsin independent insurance association  wisconsin insurance agency help  wisconsin insurance blog 

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Commercial Lines - Understanding the Basics of Property Protection in Cope Underwriting

Posted By IIAW Staff, Friday, November 19, 2021
Updated: Wednesday, December 1, 2021

By: Chris Boggs, Executive Director Risk Management and Education, Big I Virtual University

For almost 400 years commercial property underwriters have used the same general information when evaluating a property risk:

• Construction;

• Occupancy;

• Protection; and

• Exposures.

 

Collectively, these are known as the “COPE” data. Although the VU has written and taught sessions on all four parts of COPE, this article provides a general overview if just one part – Protection.

 

Local fire departments, sprinkler systems, fire extinguishers, alarm systems, and fire doors/fire walls are the five main property protection features potentially available to property owners. Each of the five features is classified as either:

• Public or private; and

• Active or passive.

 

Public Protection

 

Fire departments are the only protection feature considered as “public” protection. Fire departments are funded by local governments and protect somewhat large areas, responding to fires and other public emergencies.

 

Each fire department is inspected and assigned a grade – its public protection class (PPC). Most fire departments are inspected and graded by Insurance Services Office (ISO), but some are inspected and graded by the state Departments of Insurance. Upon inspection, each department is assigned a number grade ranging between 1 and 10. The lower the number, the more effective ISO (or other jurisdictional authority) considers the department.

 

Public protection grades are based on factors such as fire department response times, water supply, personnel training, available equipment, communications, and mix of paid versus volunteer personnel. Countrywide, the most common PPC grade is 5. Not surprisingly, the least common, and most coveted, class is 1. (Note: Public Protection Class 10 is assigned to locations more than five miles from the closest responding fire department.)

 

Occasionally fire departments are assigned two PPCs. These are referred to as split classification departments. The ultimately assigned classification is a function of the closest fire hydrant or other creditable water supply. If the closest hydrant or other creditable water source is within 1,000 feet, the lower (better) PPC is used; if over 1,000 feet, the higher class is applied.

 

Historically, split classes were listed as 6/9 or 5/9 (examples only). However, in 2013, ISO changed how split classes are assigned. Now an “X” or “Y” replaces the historical “9” or “8B” assignments. For example, an historical 6/9 split classification is now shown as 6/6X; an historical 5/8B is now a 5/5Y.

 

Beyond these split class changes, ISO also created a new PPC 10 option – 10W. A “10W” is assigned to properties located more than five miles but less than seven miles from the closest responding fire department AND less than 1,000 feet from a creditable water source. According to ISO, properties meeting these parameters are a lower fire risk than is indicated by the traditional PPC 10. If these conditions aren’t met, the property is assigned the traditional 10.

 

North Carolina is the only state that has not adopted either classification change.

 

Private Protection

 

Alarm systems, sprinkler systems, fire extinguishers, and fire doors/fire walls are limited to one location or one property, thus each is considered private protection. No party other than the building owner benefits from these protection features.

 

However, simply having any or all of these protection features is not enough. Does the protective feature adequately protect the location or provide any benefit?

 

Alarm Systems.Fire, burglar, carbon monoxide, medical emergency, and other alarm systems are readily available to protect property and persons. Whether an alarm system is adequate is a function of several factors:

• Who receives the alarm? Does it sound locally or is

   it monitored by a central station? Is the central

   station listed by Underwriters Laboratory (UL)?

• What type of external communication is used? Is a

   tape dialer still in use or is it digital?

• What protection exists if the power is off?

• Are there any unprotected areas?

• Are there any special features?

• Is the system installed properly?

 

Sprinkler Systems. Having a sprinkler system is beneficial, but simply “having” a sprinkler system isn’t always enough. Can the system meet the demands of the current operation?

 

Over time, buildings may be repurposed. What was originally built and used as an office with minor assembly may now be a cabinet shop. Unless the sprinkler system was updated to account for this increased fire load, it may not be effective; it certainly won’t be as effective as a system designed for a woodworking operation.

 

Sprinkler systems must be inspected thoroughly to assure the system can do what it was designed to do – controlling and, maybe, extinguishing a fire. Proper evaluation of a sprinkler system requires review of:

• The type of system (wet, dry, deluge, pre-action,

   foam, chemical, etc.);

• The system’s condition (in good working order or

   with deficiencies);

• The water supply (adequate to meet the needs of

   the occupancy);

• The system’s ability to meet the current fire load;

• Any non-sprinklered areas:

• Clearance below the heads (any materials too close

   to the sprinkler heads retarding its flow); and

• Any high-rack storage (are there in-rack sprinklers).

 

Fire Extinguishers: Like sprinkler systems, fire extinguishers are great to have; and like sprinklers, just having a fire extinguisher is not enough. To gain any benefit from a fire extinguisher requires:

• Using the correct type. Different types of fire

   extinguishers are needed for different exposures.

   There are five primary classes of fire extinguishers

   based on the types of fire on which they are

   intended to be used:

• Class A: Used to extinguish anything

  producing ash (thus an “A” classification).

  This is for materials such as wood, paper,

  furniture, etc.);

• Class B: Used to extinguish anything that

  “boils” (thus “B”). Class B extinguishers are

  used to fight flammable and combustible

  liquid fires;

• Class C: Used to extinguish anything that has

  a “charge” (thus “C”). Class C extinguishers

  are used to battle electrical fires;

 

(Note: A, B, and C are often combined into one extinguisher.)

 

• Class D: Used to extinguish combustible

  metal fires (no good way to get to “D”). 

  Metals such as magnesium, titanium,

  sodium, and potassium burn when not in

  solid form (such as a pile of shavings or other

  loose form). No other class of extinguisher

  can be used on these fires. Class A, B,

  and C extinguishers can spread these fires or

  react negatively; and

• Class K: Used to extinguish kitchen fires (thus

  “K”). Class K extinguishers can be handheld

  or part of what is often referred to as “Ansul

  systems.” Class K extinguishers and systems

  are used to extinguish grease-laden fires.

 

• Having the correct size. An undersized extinguisher

   puts the user in danger more than it helps

   extinguish a fire.

• Training employees on how to properly use the fire

   extinguishers.

 

• Placing fire extinguishers in the natural path of exit.

   Users and potential users should be able to access

   the extinguishers as they are leaving the area; they

   should not have to go into the room (fire) to find an

   extinguisher.

• Properly locating fire extinguishers. Extinguishers

   should be hung at eyelevel with no more than 75

   feet of travel distance from any point.

 

Fire Walls and Fire Doors: The size of a building has a direct effect on the difference between the structure’s Maximum Possible Loss (MPL) and Probable Maximum Loss (PML). One method to lower the PML is to divide the building into smaller sections (compartmentalization) by constructing fire walls and using fire doors.

 

Compartmentalizing a building using fire walls and fire doors reduces the possibility – or probability – of widespread fire damage, ultimately lowering the PML.

 

Fire walls and fire doors are effective only when minimum standards are met. Lacking in any of these standards makes such walls and doors nothing more than fire stops or merely an obstacle that slows the fire. For a wall to qualify as a “fire wall,” it must:

• Be one continuous masonry wall;

• Be a minimum of 6 or 8 inches thick (the difference

   in thickness is a function of the materials used);

• Come into direct contact with fire resistive masonry

   or noncombustible walls and roof; and fully pierce

   “slow-burning” or combustible walls and roof;

• Have any openings protected by self-closing, 3-hour

   rated fire doors (aka Class “A” doors). If such a door

   is blocked open or unable to fully close, the wall is

   no longer considered a fire wall; and

• Protect any openings through which HVAC ducts

   pass with a 1 ½ hour rated damper.

 

Active vs. Passive Protection

 

Does the protection feature act or react in the absence of humans or is human intervention or action required? This is the difference between “Active” and “Passive” protection.

 

Active protection features don’t require human presence to do what they are designed to do. However, humans must eventually react to an active protection feature to successfully mitigate the situation.

Sprinkler systems and alarm systems are the two active (self-actuating) protection features.

 

Even when no one is around, a sprinkler system “reacts” (provided it is in good working condition). Likewise, an alarm system sounds or sends a notice when a monitored situation occurs. Ultimately humans must do something, but they are not required to activate either of these systems.

 

Passive protection features are the local fire departments, fire extinguishers, and fire walls/fire doors. They are just “there.”

• Fire departments stand ready to respond to

   emergencies, but since the fire department is away

   from the building and human action is required (

   the firefighters have to get suited up, get on the

   trucks, and drive to the scene), a fire department is

   considered passive protection.

• Fire extinguishers are fully passive. An extinguisher

   is of no benefit until a human takes it, pulls the

   safety pin, and applies the extinguishing chemicals

   onto the fire.

• Fire walls and fire doors are truly just there – the

   ultimate in passive protection. Fire walls and fire

   doors don’t act in any way; they exist solely to get in

   the way of the fire.

 

Property Protection

 

Effective property protection requires use of the appropriate protection options. Which protection features are necessary is a function of the building and the operations. Although every building is protected by a responding fire department, not every building requires a sprinkler system. Likewise, every building should be supplied with the proper fire extinguishers, but a particular building may not require compartmentalization by use of a fire wall/fire door combination.

 

Regardless the protection features in use, every worker on the premises must know and understand the need for and the use of the protection features present.

Tags:  commercial lines  commercial property  insuring Wisconsin  wisconsin independent insurance association  wisconsin insurance agency help  wisconsin insurance blog 

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Commercial Lines - 180 Day 'Limitation' in the Commercial Property Policy: Dazed and Confused

Posted By IIAW Staff, Friday, October 29, 2021
Updated: Wednesday, December 1, 2021

By: Chris Boggs, Executive Director Risk Management and Education, Virtual Big I University 

 

 

Within ISO’s Building and Personal Property Coverage Form (CP 00 10), a 180-day limitation applies to three situations:

 

• Within the Additional Coverage – Debris

   Removal. Simply stated, debris removal

   expenses, up to the eligible limit, are paid only

   if they are reported within 180 days of the direct

   physical loss.

• Within the Additional Coverage – Pollutant

   Clean-up and Removal. Like coverage for debris

   removal, the forms states that is pays for

   eligible expenses only if reported in writing

   to the carrier within 180 days of the date of the

   Covered Loss.

• As part of the requirements of the Optional

   Coverage – Replacement Cost. This use of the

   180 day “limitation” in the ISO form is the

   subject of this article.

 

ISO Coverage Form Language

 

To begin this discussion, let’s review the relevant “180-day” wording found within the Replacement Cost provision of ISO’s CP 00 10:

 

c. You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or damage settled on an actual cash value basis, you may still make a claim for the additional coverage this Optional Coverage provides if you notify us of your intent to do so within 180 days after the loss or damage.

Key terms and conditions within this language must be reviewed to understand how this provision applies:

 

“You…”: The very first word of this provision

    points to WHO gets to make what decision.

   The “you” is the named insured. From the

   beginning it is clear that the named insured is

   making a decision.

• “…actual cash value basis…”: What does the

   “you” or the named insured get to decide?

   The named insured is given the option to make

   a claim on an actual cash value (ACV) basis

   rather than on a replacement cost basis as

   allowed when the insured choses this optional

   coverage.

“In the event…”: Means, “If.”

“…you may still…”: The you/named insured

   has the option to change his/her/its mind.

“…notify us…”: If the you/named insured

   changes his/her/its mind, the insurance carrier

   must be notified.

“…within 180 days after the loss or

   damage.”: Although the you/named insured

   has a right to change his/her/its mind regarding

   ACV versus Replacement Cost, that right

   expires 180 days after the loss.

 

What does this mean? Simply, the INSURED (not the insurance carrier) has the option to settle the property loss on an ACV basis rather than a replacement cost basis when this optional coverage is chosen.

 

However, this provision gives the INSURED (not the insurance carrier) the right to change its mind and seek recovery on a replacement cost basis – provided the insurance carrier is notified of such intention within 180 days of the loss.

 

All decisions within this provision are those of the INSURED. None of these decisions are given to the insurance carrier.

 

What This Provision Does NOT Allow

 

Insurance carriers misapply this provision regularly, and in many unique ways. This provision does NOT allow:

 

• The insurance carrier to deny replacement cost

   if the damage is not discovered until more than

   180 days after the loss occurred. Note again

   that all the decisions within this provision

   lie with the insured and NOT the insurance

   carrier. If, upon discovery of the damage, the

   named insured makes it known that repair or

   replacement is desired, the insurance carrier

   owes replacement cost. The only caveat to this

   may be the insured initially stating that they

   have no intention to repair or replace and

   changing their mind later. Past the 180 days,

   the insured does not have the ability to flip-flop

   on the ACV vs. Replacement Cost decision. But

   again, if it’s stated up front that replacement

   cost is desired, it doesn’t matter how long after

   the loss the damage is discovered, replacement

   cost is owed.

 

• The insurance carrier to deny replacement

   cost because repairs or replacement took

   longer than 180 days. Nowhere in this provision

   is there a specified time limit for repairs. The

   only requirements for payment on a

   replacement cost basis are: 1) Adequate

   coverage amounts; 2) The Replacement Cost

   optional coverage has been chosen; and 3)

   Actual repair or replacement of the damaged

   property. While the policy does state that repair

   or replacement must be completed “as soon as

   reasonably possible,” the policy does not place

   a time limit on what this phrase means.    

 

There are times when a damage may not be discovered for more than 180 days (i.e., hail damage). Nothing in this provision allows the carrier to avoid paying replacement cost. Time to repair or rebuild often takes more than 180 days, especially for a major loss. If the carrier was able to deny replacement cost simply because the repair/replacement took more than 180 days, replacement cost coverage in the commercial property policy would be almost illusory (sometimes it takes longer than 180 days just to dig the first hole for the replacement building.

 

Proper Application of the 180-Day “Limitation” for Replacement Cost

 

First, note who gets to make what decision. The named insured (not the insurance carrier) gets to decide whether or not he/she/it wants coverage on an ACV or replacement cost basis. Second, IF the “you” initially chooses ACV rather than replacement cost, that same “you” has the ability to change its mind and chose replacement cost – if such choice is made within 180 days of the loss. Lastly, if the named insured chooses replacement cost within the specified time period, there are adequate coverage limits, and repairs or replacement actually occurs, the insurance carrier owes replacement cost.

 

Nothing within the 180-day “limitation” allows the insurance carrier to make any decisions or take any action; it only allows the insurance carrier to respond to decisions made by the insured.

 

All this provision does is allow the insured to change its mind!

Tags:  building and personal property  commercial lines  commercial property  insuring Wisconsin  ISO  wisconsin independent insurance association  wisconsin insurance agency help  wisconsin insurance blog 

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