Perspectives | Water Damage and Flood Insurance

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Insuring Water Damage and Flood

January, 2008 - We think it's ironic that water, the universal solvent, is one of the most universally misunderstood insurance terms. Ask any business owner or homeowner, and you're likely to hear that either they had a flood, sewer back up or broken pipe claim denied or know of someone who has. In our coverage reviews, water is at the top of our list of exposures to identify, and too often, correct.

In commercial property insurance policies water and water damage are two different perils.

Water is synonymous with flood, which is the overflow of a body of water. The source of water must be outside the insured building and foundation -- or under it. Sewer back up is another kind of water peril in commercial policies.

Water damage has a different meaning in commercial policies. Water damage comes from within. It can be water in a heating system or an appliance but its damaging presence must be the result of breakage, freezing, an explosion or other accident.

Now for the confusing part. In homeowners policy forms water damage means sewer back up and flood and other outside sources of water. Further, homeowners policies do not link the perils of frozen pipes or broken appliances to the term water damage. Homeowners policies automatically provide a limited dollar amount of coverage of frozen pipes, provided the premises were not vacant or unoccupied at the time of loss -- or, that the insured either drained the pipes of an unheated vacant building or took reasonable care to keep the heating system on.

Confused? Let's lay down one absolute. Flood, whether included under the commercial definition of water or the homeowners definition of water damage, is always excluded. It has to be added by endorsement or through the purchase of a separate flood policy. On the opposite page we explain how water, water damage and flood are covered.

 

The standard Building and Personal Property Form (CP 00 10) doesn't even mention the words water, water damage or flood. That's because its purpose is to convey what property is and what property is not covered. To find out what perils are covered or excluded, one must look to one of the three Causes of Loss Forms.

In contrast, Section I - Property Coverage of the Special Homeowners form (HO 03) grants $2,500 of water damage coverage for loss of carpets and other landlords' furnishings caused by frozen pipes or appliances. Section I - Perils Insured Against is where frozen pipes in unheated vacant buildings is excluded. In Section I - Exclusions, water damage, meaning flood and sewer back up, are excluded outright.

Assuming your property is not located in a FEMA-designated Special Flood Hazard Area, here is what consumers can do to insure water and water damage exposures:

  • Business owners and homeowners should read every word of their insurance policies.
  • But first, make sure you have all of the forms and endorsements. These are listed after the Declarations of the insurance policy.
  • Business owners, make sure you have either the Causes of Loss - Broad Form (CP 10 20) or the Special Form (CP 10 30.) Either one will add water damage coverage, a peril excluded by the Basic Form (CP 10 10).
  • Homeowners, make sure you have the Special Form (HO 03), which will pick up frozen pipes and broken appliance events.
  • However, to get sewer back up coverage, homeowners should ask and pay for a Water Backup or Sump Overflow endorsement (HO-208 or comparable.)
  • What to do about Flood insurance?

  • Business owners with multiple locations not located in Special Flood Hazard Areas and having sufficient premium volume, may be able to get flood coverage added by endorsement to their existing commercial property policy.
  • Large commercial buyers may also be able to get their broker to find coverage in the excess and surplus lines market.
  • But for most consumers, the only source of primary flood insurance is going to be the National Flood Insurance Program NFIP.
  • However, NFIP's Standard Flood Insurance Policy has many limitations. Chief among these for business owners are the $500,000 maximum limit for direct damage and no indirect, business income coverage.
  • To overcome these and other NFIP limitations business owners can purchase the excess Flood Coverage Endorsement (CP 10 65) to raise their NFIP limits and add business income coverage.
  • Lastly, be sure to consult your agent or a qualified insurance consultant so that you understand these limitations.
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    Analysis, Strategy and Advice = Solution

    In the conduct of our M&A Insurance Due Diligence and Diagnostic Coverage Reviews, we always are on the look out for gaps in coverage of the perils of water, water damage and flood. We then formulate risk financing strategies to close any gaps. Further, the mishandling of water claims is one of the tests we make when performing claim audits. Sadly, disputes over water coverage can result in our being retained as an expert witness, yet another part of our practice that can help you achieve winning solutions.