My insured is a major bank that is looking into lending a large sum of money to a concessionaire that will operate in a yet-to-open professional hockey stadium. The loan will be secured by the expected stream of income the concessionaire is expected to earn. What kind of business income options should I recommend that the bank request from the concessionaire to make sure the bank continues to receive its payments if the concessionaire cannot operate due to an insured loss suffered by the stadium. Keep in mind that a major loss could close the stadium for as much as three years.

Massachusetts Subscriber

No ISO form would provide the coverage the bank needs the borrower to carry, but a manuscript policy could be devised from ISO forms. There are really three problems involved. First, the concessionaire needs a steady stream of income over three years from which to pay the bank. A business income policy incorporating wording similar to the ISO monthly limit of indemnity option found in the optional coverages section of the business income form (CP 00 30 04 02) might be used. Instead of choosing one third or one fourth of the policy limit as the monthly limit, an amount equal to the loan repayments could be paid at one thirty-sixth a month over three years. That type of coverage would provide the required stream of income to satisfy the bank.

 The second problem is that professional hockey is played only in season, limiting the concessionaire's cash flow to certain months of the year. You might recommend coverage similar to ISO's tuition and fees endorsement, which operates by changing the extended business income clause to apply only to certain months of the year. The endorsement would cause the policy to pay for the actual loss of business income the insured sustained during the hockey season that follows the date the property is actually repaired.

 Finally, do not forget coverage similar to that included in ISO forms CP 15 08 04 02 and CP 15 09 04 02 (business income from dependent properties—broad and limited forms respectively). It provides coverage if the stadium is damaged but the concessionaire's facilities in the stadium are not. The stadium would be considered a leader location, which is defined in the ISO form as "property operated by others whom you depend on to:…d. Attract customers to your business."

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