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Building Wide
                  Insurance Coverages




                        Mackoul & Associates, Inc.
214 West Park Avenue | Long Beach, NY 11561 | Tel: (516) 431-9100 | Fax: (516) 431-4641
Building Wide
                                              Insurance Coverages
Commercial Property
1. Building-
   Covers the building from damage caused by covered perils
   (ex. Fire, Wind, Lightning)
   • How Determined -
         Construction, Square Footage, Building Information
   • Special Form vs. Broad/Basic Form -
         Included unless Excluded vs. Named Perils
   • Replacement Cost -
             e cost to rebuild the building at today’s cost
   • Actual Cash Value -
         Replacement Cost minus Depreciation
   • Guaranteed Replacement Cost -
         Does anyone really o er this?
   • Coinsurance -
         It’s a penalty!!!
   • Agreed Amount -
                                                                             2. Business Personal Property/Contents -
         Waives Coinsurance
                                                                                  Covers contents owned by the building or required
                                                                                  to be insured by contract from a covered peril
                                                                                   • Board Room Tables and Chairs
                                                                                  • Lobby Furniture
                                                                                  • Laundry Equipment
                                                                                  • Storage Bins
                                                                             3. Loss of Business Income -
                                                                                  Covers loss of income from a covered peril
                                                                                  • Maintenance Fees
                                                                                  • Other lost income such as laundry machines,
                                                                                     parking garages and rent from commercial occupants

Di erences in Conditions -
       Back-up of Sewers & Drains- Water that backs up from a sewer or drain.
   •
       Broad Form Water - Leakage or seepage into the building, back-up of sewers and drains and underground water mains.
   •
       Flood - Flood, surface water, waves, overflow of a body of water and/or the spray from the water. May also include back up of sewers and
   •
       drains, and underground water mains.
       Earthquake - Earthquake and Volcanic Eruption.
   •
       Ordinance or Law -
   •
                 Coverage A - Loss to the Undamaged Portion of the Building - Value of the undamaged portion of the building
                 Coverage B - Demolition Cost - Cost to demolish the undamaged portion of the building
                 Coverage C- Increased Cost of Construction - Cost to bring the building up to code in the event of a claim
4. Other Factors -
       Mold- Clean up costs triggered as a result of a covered claim
   •
       Certi ed Acts of Terrorism- Elect or reject?
   •




                                           Mackoul & Associates, Inc.
  214 West Park Avenue | Long Beach, NY 11561 | Tel: (516) 431-9100 | Fax: (516) 431-4641
Building Wide
                                               Insurance Coverages
General Liability
1. Occurrence/Aggregate-
   Maximum to be paid in any one occurrence / Maximum to be paid
   in any policy year
    • Bodily Injury - Injury to someone
   • Property Damage - Damage to someone’s property
   • Personal Injury and Advertising Liability -
        Libel, Slander & Defamation of Character
   • Products & Completed Operations -
        Defective Product or Faulty Workmanship




                                                                      2. Fire Damage or Tenants Legal Liability -
                                                                         •   Does not apply to a co-op or condominium.
                                                                         •   Covers fire damage to space rented or leased by
                                                                             the insured.

                                                                      3. Medical Payments -
                                                                         First aid, ambulance, etc.

4. Hired/Non-Hired Auto Liability -
   •   Auto’s hired or non-owned.
   •   A requirement of the Commercial Umbrella.

5. Employee Bene ts Liability -
   Covers lawsuits for negligent acts or omissions
   in regards to employee benefits
   (Group Health, Group Life, etc.)

6. Garage Keepers Legal Liability -
   Coverage for automobiles le in custody.

7. Other Factors -
       Mold - ird party lawsuits resulting from a covered incident.
   •
       Lead - A necessity or icing on the cake?
   •
       Certi ed Acts of Terrorism - Necessary?
   •
       Admi ed vs. Non-admi ed -
   •
         No recourse with State Insurance Department
         Not eligible for Guaranty Fund
         Not subject to rate and form filing requirements




                                             Mackoul & Associates, Inc.
  214 West Park Avenue | Long Beach, NY 11561 | Tel: (516) 431-9100 | Fax: (516) 431-4641
Building Wide
                                                       Insurance Coverages
Systems Breakdown (Boiler & Machinery) -
•        Covers physical and financial damage from covered equipment failure, such as the cost to repair, time
         and labor, work done to limit the loss/speed restoration, spoiled products and recovery expenses
•        Covers equipment such as: heat and hot water boilers, air conditioning systems, electrical distribution
         systems, elevators and security systems

Crime/Employee Dishonesty/Fidelity Bond -
•        Theft of funds or property by an employee or board member.
         Managing Agent Rider - why needed?
•

Commercial Umbrella -
•        Provides excess coverage over:
         General Liability, Directors & O cers Liability and Employers Liability
         No, it does not provide extra building coverage!!!
•
         Retained Limit - Not a deductible.
•

Directors & O cers Liability -
•        70% of all D&O lawsuits are lodged in New York, New Jersey, Florida, Texas and California
•        65% of all coops and condos in New York City know of a situation that could lead to a suit against the board.
•        A suit against the Board naming each Director places that person in financial jeopardy because their personal assets are at stake
•        All lawsuits must be defended regardless of merit and legal expenses are very costly.
•        Legal expenses for discrimination lawsuits range from $100,000 to $500,000
•        Many D&O lawsuits are not for monetary damages!!!
•        Court requests are made for “Injunctive Relief and Declaratory Judgment,” yet still must be defended.
         Most common D&O lawsuits involve allegations of:
•
                      Wrongful Termination
                      Discrimination (Race, Religion, and Employment)
                      Defamation of Character
                      Breach of Contract
                      Renovations
                      Noise
                      Subleasing
                      Pets
•        Not all policies are created equal!!! Quality of coverage is paramount
•        Management firms needs to be an insured under the contract

Environmental Policies -
         Pollution - Lead, asbestos, and other pollutants
1.
         Site speci c - Fuel tank
2.

Workers Compensation -
1.       Sickness or injury as a result of the job
2.       Required by New York State
3.       Based upon payroll and job classification

New York State Disability -
1.       Sickness or injury as a resulting off the job
2.       Required by New York State




                                                   Mackoul & Associates, Inc.
    214 West Park Avenue | Long Beach, NY 11561 | Tel: (516) 431-9100 | Fax: (516) 431-4641

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Building Wide Ins Coverages

  • 1. Building Wide Insurance Coverages Mackoul & Associates, Inc. 214 West Park Avenue | Long Beach, NY 11561 | Tel: (516) 431-9100 | Fax: (516) 431-4641
  • 2. Building Wide Insurance Coverages Commercial Property 1. Building- Covers the building from damage caused by covered perils (ex. Fire, Wind, Lightning) • How Determined - Construction, Square Footage, Building Information • Special Form vs. Broad/Basic Form - Included unless Excluded vs. Named Perils • Replacement Cost - e cost to rebuild the building at today’s cost • Actual Cash Value - Replacement Cost minus Depreciation • Guaranteed Replacement Cost - Does anyone really o er this? • Coinsurance - It’s a penalty!!! • Agreed Amount - 2. Business Personal Property/Contents - Waives Coinsurance Covers contents owned by the building or required to be insured by contract from a covered peril • Board Room Tables and Chairs • Lobby Furniture • Laundry Equipment • Storage Bins 3. Loss of Business Income - Covers loss of income from a covered peril • Maintenance Fees • Other lost income such as laundry machines, parking garages and rent from commercial occupants Di erences in Conditions - Back-up of Sewers & Drains- Water that backs up from a sewer or drain. • Broad Form Water - Leakage or seepage into the building, back-up of sewers and drains and underground water mains. • Flood - Flood, surface water, waves, overflow of a body of water and/or the spray from the water. May also include back up of sewers and • drains, and underground water mains. Earthquake - Earthquake and Volcanic Eruption. • Ordinance or Law - • Coverage A - Loss to the Undamaged Portion of the Building - Value of the undamaged portion of the building Coverage B - Demolition Cost - Cost to demolish the undamaged portion of the building Coverage C- Increased Cost of Construction - Cost to bring the building up to code in the event of a claim 4. Other Factors - Mold- Clean up costs triggered as a result of a covered claim • Certi ed Acts of Terrorism- Elect or reject? • Mackoul & Associates, Inc. 214 West Park Avenue | Long Beach, NY 11561 | Tel: (516) 431-9100 | Fax: (516) 431-4641
  • 3. Building Wide Insurance Coverages General Liability 1. Occurrence/Aggregate- Maximum to be paid in any one occurrence / Maximum to be paid in any policy year • Bodily Injury - Injury to someone • Property Damage - Damage to someone’s property • Personal Injury and Advertising Liability - Libel, Slander & Defamation of Character • Products & Completed Operations - Defective Product or Faulty Workmanship 2. Fire Damage or Tenants Legal Liability - • Does not apply to a co-op or condominium. • Covers fire damage to space rented or leased by the insured. 3. Medical Payments - First aid, ambulance, etc. 4. Hired/Non-Hired Auto Liability - • Auto’s hired or non-owned. • A requirement of the Commercial Umbrella. 5. Employee Bene ts Liability - Covers lawsuits for negligent acts or omissions in regards to employee benefits (Group Health, Group Life, etc.) 6. Garage Keepers Legal Liability - Coverage for automobiles le in custody. 7. Other Factors - Mold - ird party lawsuits resulting from a covered incident. • Lead - A necessity or icing on the cake? • Certi ed Acts of Terrorism - Necessary? • Admi ed vs. Non-admi ed - • No recourse with State Insurance Department Not eligible for Guaranty Fund Not subject to rate and form filing requirements Mackoul & Associates, Inc. 214 West Park Avenue | Long Beach, NY 11561 | Tel: (516) 431-9100 | Fax: (516) 431-4641
  • 4. Building Wide Insurance Coverages Systems Breakdown (Boiler & Machinery) - • Covers physical and financial damage from covered equipment failure, such as the cost to repair, time and labor, work done to limit the loss/speed restoration, spoiled products and recovery expenses • Covers equipment such as: heat and hot water boilers, air conditioning systems, electrical distribution systems, elevators and security systems Crime/Employee Dishonesty/Fidelity Bond - • Theft of funds or property by an employee or board member. Managing Agent Rider - why needed? • Commercial Umbrella - • Provides excess coverage over: General Liability, Directors & O cers Liability and Employers Liability No, it does not provide extra building coverage!!! • Retained Limit - Not a deductible. • Directors & O cers Liability - • 70% of all D&O lawsuits are lodged in New York, New Jersey, Florida, Texas and California • 65% of all coops and condos in New York City know of a situation that could lead to a suit against the board. • A suit against the Board naming each Director places that person in financial jeopardy because their personal assets are at stake • All lawsuits must be defended regardless of merit and legal expenses are very costly. • Legal expenses for discrimination lawsuits range from $100,000 to $500,000 • Many D&O lawsuits are not for monetary damages!!! • Court requests are made for “Injunctive Relief and Declaratory Judgment,” yet still must be defended. Most common D&O lawsuits involve allegations of: • Wrongful Termination Discrimination (Race, Religion, and Employment) Defamation of Character Breach of Contract Renovations Noise Subleasing Pets • Not all policies are created equal!!! Quality of coverage is paramount • Management firms needs to be an insured under the contract Environmental Policies - Pollution - Lead, asbestos, and other pollutants 1. Site speci c - Fuel tank 2. Workers Compensation - 1. Sickness or injury as a result of the job 2. Required by New York State 3. Based upon payroll and job classification New York State Disability - 1. Sickness or injury as a resulting off the job 2. Required by New York State Mackoul & Associates, Inc. 214 West Park Avenue | Long Beach, NY 11561 | Tel: (516) 431-9100 | Fax: (516) 431-4641