Tenant's Use Interest Explained

August 10, 2015

A tenant in a building installs $1,000,000 of improvements and betterments at the tenant's expense. The CP 00 10 form provides insurance for the "use interest as tenant in improvements and betterments." Please explain the meaning of "use interest."

Also, what prevents the building owner from also making a claim under the building policy for loss to these improvements and betterments installed at the tenant's expense, as it appears the improvements and betterments are included in the definition of "building"?

New York subscriber

Generally, when a tenant makes an improvement to leased property—such as adding a new store front—the actual improvement reverts to the building owner and the tenant's interest in the improvement is using it during the leased period; thus, "use interest." Depending on who restores the improvement, the CP 00 10 provides different methods of recovery. If the tenant promptly repairs or replaces the damaged improvement, recovery is actual cash value (or replacement cost if the insured carries replacement cost coverage), as if the insured owned the improvement. If the landlord pays to restore the damaged improvement, the tenant recovers nothing. If the improvement is not promptly repaired or replaced, the tenant recovers a proportion of the original cost of the improvement.

So, if the landlord actually makes the repairs, he is entitled to recover under his building policy.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis