Percent Deductible Application under Commercial Property Policy

Our insured owns a strip mall, consisting of several buildings, in Florida . Both Hurricanes Charley and Frances damaged three of the buildings. The insured has a blanket limit on the policy for buildings. There is a 2 percent wind deductible and the carrier wants to take a separate deductible on each building. The adjuster adds that the deductible should be 2 percent of the total amount of insurance. We believe it should be 2 percent of the amount of the damage. How many deductibles should apply, and is the percentage deductible calculated based on the total amount of the loss or the total value of the buildings?

Wisconsin Subscriber

The ISO Windstorm Or Hail Percent Deductible endorsement, CP 03 21, states that “a deductible is calculated separately for, and applies separately to…each building, if two or more buildings sustain loss or damage.” Thus, in this instance, a separate deductible should be taken for each building. To further complicate matters, Charley and Frances would be viewed as separate events, and new deductibles would apply for damage caused by Frances , the second hurricane to strike.

The endorsement also provides instructions for calculating the percentage deductible. For blanket insurance, an amount equal to 2 percent (or whatever percentage is selected) of the value of the property, as reported on the most recent Statement or Report of Values, that has sustained loss or damage is deducted.

The endorsement provides an example of two buildings, each with a value of $500,000, that sustain losses. The first building sustains $40,000 in damage; the second sustains $20,000 in damage. Two percent of the first building's value of $500,000 ($10,000) is subtracted from the amount of the loss—the amount payable for the first building is $30,000. Another deductible equal to 2 percent of the second building's value of $500,000 is applied to its damage—$10,000 is subtracted from the $20,000 loss to yield an amount payable of $10,000. The most the insurer will pay is $40,000 after the application of the 2% wind deductible to those losses.

If the insured has an ISO endorsement, it is clear that a deductible applies to each building damaged and is calculated based on the value of the building, not on the amount of the damage. This point was also made in General Star Indemnity Company v. West Florida Village Inn, In., 874 So.2d 26 (Ct. App. Fla. 2004). Here, the court made the point that the deductible of 2 percent meant 2 percent of the policy limit. However, company-specific policies may not contain ISO's wording and may be unclear on how such deductibles apply.

 

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