ISO has revised the Ordinance or Law endorsement CP 04 05 09 17 CP 04 05 09 17, and endorsements that include an ordinance or law option, Functional Building Valuation CP 04 38 09 17 CP 04 38 09 17and Ordinance or Law – Increased Period of Restoration CP 15 31 09 17 CP 15 31 09 17 to include an option to provide ordinance or law coverage on a post-loss basis. This will give the insured the option of purchasing the ordinance or law coverage to be promulgated or revised after the loss but before starting any reconstruction or repair if such ordinance or law is a required condition for obtaining a building permit or certificate of occupancy.
Ordinance or Law Revision
In the Coverage A grant and in the Loss Payment provisions addressing Coverage A, reference to the Limit of Insurance is being elaborated upon to recognize that the building limit might appear in the Declarations or elsewhere in the policy. Further, the aforementioned Loss Payment clause is revised to explicitly convey the information that the building limit in the event of earthquake or flood loss (if such perils are endorsed to the policy) may be lower than the limit that otherwise applies. This change is to correspond with flood coverage that is often sublimited.
Editorial revisions and changes are being made to the format to accommodate the new post-loss option and enhance the flow of text. In some areas, reference to property is replaced with reference to the building to more precisely reference the subject of coverage. Further, the provision appearing in Paragraph G. of the current endorsement is moved to B.7.
The same post-loss Ordinance or Law option is being added to Functional Building Valuation CP 04 38 consistent with CP 04 05, as well as editorial revisions and changes to the format to accommodate the new post-loss option and to enhance the flow of text.
Ordinance or Law – Increased Period of Restoration CP 15 31 is being revised to align the description of an ordinance or law with the description in CP 04 05, and to add in the same post-loss option consistent with CP 04 05.
The coverage grant in CP 15 31 is streamlined by referring to a suspension of operations covered under the policy and incorporating the substantive portion of the period of restoration definition in this endorsement. The period of restoration definition is removed from CP 15 31 as it is identical to that included in the underlying policy.
Under Paragraph A, certain references to property are replaced with reference to the building to correspond to the subject of the ordinance or law.
Analysis:
This is a long-awaited revision to the Ordinance or Law coverage provisions in that often a building permit or certificate of occupancy cannot be obtained because the regulations are such that the building owner must first provide documentation that the building will meet current building code requirements before the permit or certificate can be released. With this change, the insured will now have the option to purchase ordinance or law coverage subject to the rates being promulgated or revised once all of the building code requirements are known following the loss but before the reconstruction or repair begins.
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