Although the old adage says “April showers may bring May flowers,” insurance folks know something else is blooming in the atmosphere: summer weather. Whether your particular geographical threat is hurricanes, tornadoes, forest fires, mudslides or earthquakes, the arrival of summer heralds the advent of increased weather risk. And thus, as the Zombies sang, it is also the “Time of the Season” for Ordinance or Law Coverage (OLC).
If E&O claims and media accounts are any indication, two gaps lurk to ensnare the unsuspecting insurance practitioner.
First, the coverage itself. We'll stick to the commercial side of the ledger, specifically, the ISO CP 04 05 10 12. This form provides the classic three tiers of OLC:
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Coverage A: Coverage for Loss to the Undamaged Portion of the Building
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Coverage B: Demolition Cost Coverage
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Coverage C: Increased Cost of Construction.
While Coverage A addresses the OLC exclusion for direct loss to the building, often overlooked is the need for additional limits for Coverages B and C. Depending upon your community regulations pertaining to the level of damage that separates constructive total loss from minor damage, the limits that fund Coverage B can be significant. Those same regulations drive the need for changes or upgrades required to bring the new building into full compliance. The amount needed for Coverage C can range from minor to even tripling the original building limits.
This leads to another frequent OLC misstep: Who needs it? Common wisdom holds that OLC is most important for older properties. And what about that recent building in an area just annexed by a city or community? What long-standing zoning and building code requirements will apply to the structure? Even the newest buildings may now be prime prospects for an OLC review.
Then there's the fear of being wrong on any coverage estimates for B and C. Why are agents afraid of OLC estimates when they seem perfectly comfortable making what are basically similar “wild guesses” at building values? Why do percentages of underinsurance applicable to commercial buildings run upwards of 40%? And those are direct losses—add the missing or minimal OLC, and commercial insureds are in for a very rude awaking come claims time. Yet agents who guess at building values suddenly develop high anxiety when confronting OLC.
I think agents should be very afraid of being wrong on any estimate of needed property coverage. And the solution in both situations is the same: hire an outside expert to get it right. Any reputable contractor involved in local construction can provide a more accurate replacement cost estimate. Let's stick to insurance and risk management, and add to our team those who do well what we don't—like determining proper replacement/reconstruction costs, direct or OLC.
Perhaps this summer, growing season should include your team of professional resources. It may be that the bloom of your insurance harvest—increased proper coverage with decreased E&O—will rival those May flowers.
Who says insurance can't be beautiful?
Outside Experts at Work
We once owned an old home with two electrical meters. The original well was once shared by several neighbors, who installed their own meters over the years. Ours was the only house on the obsolete meter—at a cost of $15 a month. But before the utility would disconnect it, an electrician had to connect the well power line to our house meter, a job I estimated at around $150. But under new county zoning requirements, new power lines had to be buried, which would involve tunneling under our concrete driveway. We ended up paying the $15 a month.
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