AAIS
INSTALLATION FLOATER COVERAGE FORMS ANALYSIS
(February 2018)
|
INTRODUCTION
The American Association of Insurance
Services (AAIS) Installation Floater Coverage Forms insure personal property
the named insured (usually a contractor) installs, fabricates, or erects in
buildings being renovated, upgraded, or remodeled.
Coverage applies to both owned property and property of others. Covered property
consists of materials, supplies, machinery, fixtures, and equipment that will
become a permanent part of an installation or construction project on the
construction site. Coverage also applies while that property is at temporary
locations and in transit.
AAIS has developed three installation floater coverage forms. Each has its own
corresponding schedule of coverages. This analysis examines the IM
7100–Installation Floater first and then compares the other forms to it and
analyzes the differences.
ELIGIBILITY
Various contractors usually purchase
this coverage but there are no restrictions on who may do so. Any party with
financial interest in covered property being installed
in an existing building or structure is eligible.
POLICY CONSTRUCTION
AAIS
Installation Floater coverage requires
at least these four forms:
SCHEDULES OF COVERAGES
IM 7105–SCHEDULE OF
COVERAGES–INSTALLATION FLOATER COVERAGE (01 12 changes)
This Schedule of Coverages is used with
IM 7100–Installation Floater Coverage. IM 7105 contains the following
information:
Policy Number (01 12 addition)
The 01 12 edition added a space to enter the policy
number.
Property Covered
Coverage can be
on either a blanket or scheduled basis. The following entries are made based on which basis is selected:
Blanket Coverage
This is the most paid for
loss at any one jobsite.
This is the most paid for
loss in a single occurrence.
Scheduled Locations
Coverage
The 01 12 edition added the word Limit (“Limit”) in three places because Limit is a defined word.
Coverage Extensions
The limits on the Schedule of Coverages
for the following coverages apply to all covered locations:
The limit is $5,000 unless a different limit is entered.
This applies for ten days unless a different number of days is entered.
The limit is $15,000 during each 12-month period unless a different limit is entered.
Supplemental Coverages
Each of these coverages provides
additional limits and/or additional coverage. Required entries vary by type of
coverage.
The
limit is $10,000 unless a different limit is entered.
The
limit is $5,000 unless a different limit is entered.
The
limit is $5,000 unless a different limit is entered.
Deductible
The occurrence deductible that applies is entered in the space provided.
Coinsurance
One of the following coinsurance options
must be selected:
This section of the schedule of coverages lists endorsements and forms included when the policy is issued.
The previous edition referred to this section as Optional Coverages and
Endorsements.
IM 7100–INSTALLATION FLOATER
COVERAGE FORM ANALYSIS
This analysis
is of the 08 10 edition. Changes from the previous edition are in bold print.
Introduction
The lead-in
language states that the terms you and your mean the persons or parties named on
the declarations as the insured. We, us, and our means the
insurance company that provides coverage. It also refers to the
Definitions section at the end of the coverage form.
Note: The definitions for you, your, we, us, and our were in the Definitions section in the previous edition.
In addition, the Definitions section was after the Agreement in the previous
edition. The 08 10 edition has the Definitions section at the end of the
coverage form.
Agreement
The insurance company agrees to provide
the coverage described in the coverage form and in the schedule of coverages in
return for the named insured’s agreement to pay the premium. These agreements
are subject to all the coverage form's terms, conditions, endorsements, and
definitions.
Property Covered (08 10
changes)
Coverage
applies to the property described below but this coverage is subject to any
exclusions or limitations that apply.
1. Coverage (08 10
change)
Coverage
applies to direct physical loss or
damage that a covered peril causes to the following:
a. Materials, supplies,
machinery, fixtures, and equipment that belong to the named insured.
b. Similar property described above but that belongs to other(s)
and is in the named insured’s care, custody, or control
Coverage for
this property applies while it is at the named insured’s jobsite where the
named insured is performing construction, rigging, or installation operations. In
order for coverage to apply, the property must be part of an installation
project.
2. Coverage
Limitations
a. The only property covered are those materials, supplies,
machinery, fixtures, and equipment that are intended to become a permanent part
of the named insured's installation project.
b. When the coverage is written on a scheduled
basis this coverage is limited to only at an installation project taking place
at a jobsite that is listed on the schedule of coverages.
3. We Do Not Cover
(08 10 addition)
Coverage does not apply to materials, supplies,
machinery, fixtures, and equipment that the named insured does not (and will
not) install, construct, or rig.
Note: This is similar to the language in the previous edition
but this provides more emphasis and clarity.
Example: Perfection Plumbing is the plumbing subcontractor on a major renovation
of an older apartment building. Perfection is responsible for retrofitting
and installing an automatic sprinkler system, domestic plumbing lines, and
all plumbing fixtures, such as sinks, faucets, and toilets. Because of
transportation cost efficiencies and pressure from its supplier, all property
that Perfection will install arrives at the job site at one time. Because the
sprinkler system installation is the first order of business and storage
space is limited, the remaining property is stored at a location other than the
job site until the time it is to be installed.
Perfection separates the values at the job site from those at the storage
location, enters them in the appropriate spaces on the schedule of coverages,
enters a transit limit to cover the transit exposure between the two
locations, and has all its exposures properly covered. |
4. We Do Not Pay (08
10 addition)
The insurance company does not pay penalties that are imposed against it because:
a. A building or structure is
completed late or not completed at all. This applies even if such
penalties are agreed to by the named insured in the
construction contract's conditions or provisions
b. The named insured has breached conditions or
provisions in the construction contract.
5. Limit (08 10
addition)
a. When coverage is on a blanket basis, the most the
insurance company pays for covered loss to covered property in any one
occurrence is the Jobsite limit on the schedule of coverages.
b. When coverage is on a scheduled locations basis,
the most the insurance company pays for covered loss to covered property in any
one occurrence is the Jobsite limit on the schedule of coverages for that
specific jobsite.
Property Not Covered
Six specific types of property are excluded:
1. Airborne Property
This property
is not covered except when the property is in transit
on regularly scheduled airline flights.
2. Buildings,
Structures, and Land (08 10 change)
None
of these items is covered. There are no exceptions.
Note: The previous edition had an exception for
property that is part of the named insured’s installation or
construction project that is in connection with any building or structure.
This change narrows coverage.
3. Contraband
Property that is
illegal to possess is not covered. Property that is legal to possess but that is being used as part of an illegal trade or that is being
transported illegally is also not covered.
4. Machinery, Tools,
and Equipment
This property and similar property that is not intended
to become a permanent part of the named insured’s installation project is not
covered.
5. Trees, Shrubs, or
Plants
Lawns are also not covered property.
6. Waterborne
Property
This property
is not covered except when the property is in transit with
a carrier for hire.
Note:
The previous edition excluded Money
and Securities. The 08 10 edition does not. However, money and securities are
not properties that are installed at a jobsite.
Coverage Extensions
Provisions That Apply
To Coverage Extensions (08 10 Change)
There are three coverage extensions. The
limit for each is either the limit on the schedule of coverages or the default
limit in the coverage form. This limit is part of the applicable limit for
covered property and not in addition to it, unless otherwise indicated. This
limit is not added to or combined with limits for any other coverage extension,
supplemental coverage, or other
coverage, and is not subject to any coinsurance provisions that apply
elsewhere in the coverage form.
1. Debris Removal (08
10 changes)
a. When a covered peril damages or destroys covered property,
the cost to remove any created debris is covered under
this extension. The 08 10 edition
defines debris removal as the costs to demolish, clear, and remove debris.
b. Debris removal does
not include any costs for removing, restoring, replacing polluted land or water, or to extract pollutants.
c. There are two parts of the Limit section. The
first is restricting any debris removal payment to no more than 25% of the amount paid
for the actual direct physical loss or
damage. To calculate the 25%, only the direct physical damage loss is
considered. This means any debris removal costs must be
excluded before the calculation is made. (08 10
addition).
The second part is that when the debris removal and
the physical damage loss are added together, no more
than the limit of insurance is paid.
d. An additional $5,000 (or a higher amount entered on the
schedule of coverages) is available if the debris removal expense is more than
25% of the loss amount or if the combined cost of loss and debris removal is
more than the limit of insurance for the covered property.
e. The named insured must report debris removal expenses to
the insurance company within 180 days of the loss date in order for this
coverage extension to apply.
2. Emergency Removal
(08 10 change)
a. This covers direct physical loss or damage (08 10 addition) to covered property that was removed
from the scheduled location in order to avoid loss or damage from an impending
covered peril. The loss can occur while in transit between the scheduled
location and the sanctuary location. This coverage is unique in that the
property that is being moved is not subject to any exclusion while in transit
or at a sanctuary location. However, the reason for moving the property must be
due to covered peril.
b. Coverage applies for up to ten days after the property is first moved but does not extend past the policy’s
expiration date. An entry can be made on the schedule
of coverages to increase the number of days.
Note: Coverage does not extend
past the expiration date which means that if the insured
has property at a sanctuary location when coverage renews, the sanctuary
location must be listed as a premises or coverage no longer applies.
Example: Perfection Plumbing's owner becomes aware of an impending demonstration
that could become a riot. He is very concerned, removes property kept in the
storage facility to a different location, and keeps it there until the
problem demonstration ends. He returns everything he removed to the jobsite
five days later. On the trip back, the truck that transports the goods
overturns. The damage the overturn causes is covered
because the items were removed to protect them from loss or damage by a
covered peril. |
3. Limited Fungus
Coverage (08 10 changes)
Note: This coverage extension is
actually is a very limited give back to offset the coverage eliminated when the
fungus exclusion was introduced.
a. Coverage
This coverage
extension pays for the following:
· Costs and expenses arising because fungus is on covered property but only
if the fungus is a result of a covered peril
· Direct physical loss or
damage to covered property due to the existence or any activity of fungus
b.
Coverage Limitation
c. Limited
Fungus Coverage Limit (08 10 minor title change)
The most paid
for all loss or damage at all jobsites
is $15,000 during any 12-month period, regardless of the number of claims,
locations, buildings, or structures. This limit can be
increased.
d. If the
Policy Period is Extended
The 12-month aggregate time period will follow
any extension of a policy period that is less than 12 months.
Example: Jeremy’s Installation Floater policy period is
12/1 – 12/1. The job is almost complete but not quite, so he asks for it to be extended for an additional two months. The fungus
aggregate time period is extended from being a 12
month aggregate to 14 month aggregate at that time. |
e. Recurrence
and Continuation of Fungus
A reoccurrence
of a fungus event is considered a continuation of the
initial fungus occurrence and does not provide any additional coverage and
subject to the aggregate in place at the time of initial event. f. Cleanup, removal, and testing activities and costs
related to a fungus incident are covered but are subject to the same aggregate
limit.
f. Limited Fungus Coverage Limit Applies to Other Costs or Expenses (08 10
change)
This limit can be used to pay the following
costs or expenses incurred to do any of the following:
g. Loss
Not Caused By Fungus
This coverage does not limit coverage
for otherwise covered loss or damage that fungus does not cause. When fungus
damage increases an otherwise covered loss, any such increase because of that
fungus is subject to this coverage extension’s limitations.
Supplemental Coverages
Provisions That Apply
To Supplemental Coverages (08 10 Change)
There are four supplemental coverages.
The limit for each is the limit for the supplemental coverage unless there is a
limit for that coverage on the schedule of coverages. Limits for any
supplemental coverage are separate from and not part of the applicable limit
for covered property.
The limit available for coverage
described under a supplemental coverage is the only limit available for it. It
is not the total of the limit for a supplemental coverage and the limit for
covered property. The limits are not added to or combined
with limits for any other supplemental coverage, coverage extension, or other coverage. They are also not subject to any
coinsurance provisions that apply elsewhere in the coverage form.
1. Pollutant Cleanup
and Removal
a. The insurance company pays the named insured's expenses to extract pollutants from land or water if a covered peril that occurred during the policy period caused the pollutants to be released or discharged.
b. This is immediate coverage so any expenses to extract pollutants are paid only when reported to the insurance company within 180 days of the date of loss.
c. Costs related to testing, evaluating, observing, or recording pollutants are excluded except for those costs that are part of the extraction process.
d. The most paid at any one location is
$10,000 for all such expenses that a covered peril that occurs at that location
during each separate 12-month policy period causes. This limit can be increased.
2. Sewer Backup (08
10 changes)
a.
Coverage applies to direct physical
loss or damage to covered property
caused by or that results from the following:
b.
Coverage does not apply to loss or damage that result from any of the following:
c.
$5,000 is the most paid in any one occurrence. This limit can
be increased.
3. Temporary Storage
Locations (08 10 changes)
a. Coverage
Coverage applies to direct physical loss
or damage by a covered peril to
covered property that is intended to become a
permanent part of a covered installation project. This coverage applies only
when the property is temporarily in storage away that is away from a covered
installation jobsite. Covered property includes materials, supplies, fixtures, machinery, or equipment.
b. We Do Not Cover (08 10 addition)
Coverage
does not apply to such property if it is not specifically destined for or
identified with a covered installation jobsite.
Note:
This could be a difficult provision
to satisfy when multiple jobs are taking place and property that could be used at any of the jobs is in a central temporary
storage facility. This property would be better covered
under a commercial property coverage form.
c. Limit
The most paid in a single occurrence is
$5,000. This limit can be increased.
4. Transit (08 10
change)
a. Coverage
Coverage applies to direct physical loss
or damage by a covered peril to
covered property while that property is in transit. This coverage applies only if
the property is intended to become a permanent part of
a covered installation project.
b. Limit
The most paid in a single occurrence is
$5,000. This limit can be increased.
Note:
The following Supplemental
Coverages in the previous edition are not in the 08 10 edition:
Perils Covered (08 10
Change)
Coverage applies to risks of direct
physical loss or damage unless the
loss is limited or caused by an excluded peril.
Perils Excluded
1. Primary Exclusions
The first
group of exclusions is essentially absolute. Subject to specific exceptions,
loss or damage by each is totally excluded, regardless
of any other cause or event that contributes to a loss, either concurrently or
in any other sequence. The insurance company does not pay for any direct or
indirect loss or damage caused by or that results from any of these events.
a. Civil
Authority
There is no coverage for loss that results from an order any civil or
government authority issues. These orders may include seizure, confiscation,
destruction, or quarantine of property but this exclusion is not limited to
only these. The only exception is when the loss or damage is
caused by a civil authority destroying property as a means of controlling a
fire. This exception applies only if the fire is the result of a covered
peril.
Example: Oscar’s client demanded a type of wood that
was under trade embargo. Oscar had connections and was
installing the wood at the jobsite when the FBI raided the site and removed
all of the wood. Oscar is not covered for the value of the seized wood
nor for the damage to other property that resulted
from the raid. |
b. Earth Movement (08 10 changes)
Earth
movement is not covered except for the following four
exceptions:
c. Flood
(08 10 changes)
The insurance
company does not pay for loss or damage that flood causes.
Loss or damage from waterborne material carried or
moved by flood, whether driven by wind or not is excluded.
Storm surge or material carried or moved by mudslide or mudflow is also excluded.
There are two
exceptions:
d. Fungus
Coverage does not apply to loss or
damage caused by or related to the existence or any activity of fungus.
There are four exceptions:
e. Nuclear
Hazard
The insurance
company does not cover loss or damage caused by or that results from any
nuclear reaction, radiation, or contamination. This is absolute and applies
whether the nuclear incident was controlled or not, and by whatever means
caused. Any loss the nuclear hazard causes is not treated
as a loss that fire, explosion, or smoke causes. The only exception is when a
fire results from the nuclear fire, direct loss or damage from that fire is covered but the damage from the nuclear hazard remains
excluded.
f. Ordinance or Law
There is no coverage for any loss or
increased construction costs because of enforcing any government regulation
that controls the use, construction, or repair of any property. Loss because of
a requirement to demolish property and remove its debris is
also excluded.
This exclusion also applies to
enforcement that takes place even if the property was not damaged and to
increased costs incurred as a result of complying with
the regulation that could include construction, demolition, or debris removal
activities.
g. Sewer,
Septic Tank, Sump, or Drain Backup and Water below the Surface (08 10 changes)
This
exclusion applies to the following except to the extent of the coverage that
Supplemental Coverages 2. Sewer Backup provides.
Coverage does
not apply to loss or damage that any of the following causes:
There are two exceptions:
Example: The carpet arrived before the house was completed so Jeremy stored it in the basement. Heavy
rains came. The ground was already saturated and exerted pressure on the
foundation, causing it to crack. The water that entered soaked and ruined the
carpet. There is no coverage for the damage to the carpet. |
h. War and
Military Action
The insurance
company does not pay for loss or damage caused by any act of war. Undeclared
and civil war or warlike action by a military force are
all considered war. All actions taken to hinder or defend against an actual or
expected attack by any government or sovereign authority that uses military
personnel or other agents are also considered war and
excluded. In addition, acts of insurrection, rebellion, revolution, or
unlawful seizure of power and any action any government authority takes to
prevent or defend against any such acts are excluded. If
any action within the terms of this exclusion involves nuclear reaction,
radiation, or contamination, this exclusion applies in place of the nuclear
hazard exclusion.
Note: This means that the exception for resulting fire
under the nuclear hazard is not covered when it is the
result of war.
Note: The
Penalties exclusion in the previous edition is not in the 08 10 edition.
2. Secondary
Exclusions
The second
group of exclusions applies to loss or damage caused by
or that result from any of the following loss events. Some of these exclusions
have exceptions, conditions, or limitations that should be
noted and reviewed carefully. The insurance company does not pay for any
loss or damage caused by or that results from any of these events.
a.
Contamination or Deterioration (08 10 change)
Loss or damage that
is caused by contamination or deterioration is
excluded. This applies to corrosion, decay, fungus, mildew, mold, rot, and rust.
It also applies to any quality, fault, or weakness in covered property that
causes it to damage or destroy itself. However, this exclusion is not limited
to only these described causes. There is an exception. When damage to property is
due to a covered peril that resulted from any contamination or deterioration
there is coverage for that resulting damage.
b. Criminal, Fraudulent, Dishonest, or
Illegal Acts (08 10 change)
Coverage does
not apply to loss or
damage caused by or that result from criminal, fraudulent,
dishonest, or illegal acts that any of the following commit alone or in
collusion with another:
Coverage
applies if employees destroy property. It does not apply if employees steal.
This
exclusion does not apply to covered property in a carrier for hire’s custody.
Note: Crime coverages should be used
to cover this type of loss. Because client’s property is
often being covered under an installation floater, the CR 04 01–Client’s
Property should be considered in addition to standard employee dishonesty
coverage.
Related Article: CR 04 01–Clients’ Property
c. Defect, Weakness, or Inadequacy in
Materials (08 10 addition)
There is no coverage if defects, faults,
inadequacies, unsoundness, or weakness in materials are
the cause of the loss or damage. However, if any of these
cause a covered peril to occur, the loss or damage form that covered
peril is covered.
Note: This exclusion was previously part of the
exclusion for Defects, Errors, or Omissions in Property.
Example: The design called for
the floor joists to be a minimum of 2 X 10 but Kris’ measurements were
incorrect and he installed 2 X 6 joists instead. Scenario 1: As the build continued, the bow of the joists became
noticeable. A check found the error and everything that had
been installed had to be removed and the joists replaced. There is no
coverage for any loss or damage to the joists or to the installed material
that had to be removed. Scenario 2: No one noticed the bow of the joints until one collapsed
from the pressure. The property damage caused by the collapse is covered but
the cost to replace the other problem joists remains uncovered. |
d. Defects, Errors, and Omissions in
Property (08 10 change)
There
is no coverage for loss or damage
caused by any act, defect, error, or omission that relates to specific
construction activities regardless if due to acts of negligence or otherwise. The excluded acts,
defect, error, or omission are excluded if they
involve any of the following activities:
If any of the
above result in a covered peril coverage does apply to
the loss or damage from that resulting covered peril.
Example: The specifications
called for 1/2 inch screws but Paul could not find any so he used the 1/4 inch
ones he had. When the shelving crashed to the floor, Paul had to pay for the
damaged shelving because he had altered the specifications and this exclusion
applied. The shelving crashed down upon the salamander heating the building
and a fire ensued. The damage caused by that fire was covered. |
e. Delay in Completion and Increased
Construction Costs (08 10 addition)
Direct
or indirect loss or damage that is caused by either of
the following:
This
exclusion applies regardless of the reason for the delay or change in sequence.
Increased construction costs that result from such delays or changes in
sequence are also not paid. The following are examples of increased
construction costs that are excluded:
Example: Kushing is scheduled to install an air conditioning unit at the
Hightime building on 08/01. He pays a nonrefundable deposit to reserve the crane
he needs for the time period 08/01 to 08/10. A
windstorm damages the rooftop on 07/28 and the project manager reschedules
Kushing’s work to install the unit on 08/20. Kushing loses his deposit and cannot
rent the crane from his chosen equipment supplier. He ends up paying more to
rent the crane from another supplier. He also must cancel another smaller job
that he had on 08/20 in order to complete this job. None of his additional
costs or expenses are covered. |
f. Electrical Currents (08 10
changes)
Loss or damage caused by electrical currents
or arcing is not covered unless the source of the
electricity is lightning. The exception is that loss is
covered when caused by a specified peril resulting from the electrical
current or arcing.
Notes:
This exclusion applies only to property
that artificially generates the current.
The previous edition used covered peril. The 08 10 edition uses specified
peril. This is a reduction in coverage. In addition, the Testing exception in
the previous edition is not in the 08 10 edition. This further reduces
coverage.
g. Loss of Use and Consequential Loss
(08 10 changes)
Loss or damage caused by or that results from loss of use, delay, loss of market, or any consequential loss or damage of any
kind is excluded.
Note:
This was the Loss of Use exclusion
in the previous edition. The words added potentially reduce coverage.
h. Mechanical Breakdown (08 10 change)
There is no coverage for loss or damage that is due to mechanical
breakdown or the rupture or bursting of machinery’s
moving parts that centrifugal force causes. If one of these events results in a
specified peril occurring coverage applies to the loss
or damage because of that specified peril.
Note:
The Testing exception in the previous
edition is not in the 08 10 edition. This reduces coverage.
i. Missing
Property
Unexplained
or mysterious disappearance of covered property is excluded
when there is no physical evidence to suggest what happened to it and the only
proof that a loss occurred is based on an audit or physical inventory.
The one exception
is that this does not apply to covered property while it is in the custody of
carriers for hire.
j.
Pollutants (08 10 change)
There is no
coverage for loss caused by or that results from any release, discharge,
seepage, migration, dispersal, or escape of pollutants. There are three
exceptions:
k. Steam Boiler Explosion (08 10 addition)
The insurance company does not pay for loss or damage caused by or that
results from explosions of steam boilers, pipes, turbines, or engines. There
are two exceptions:
Note: Equipment Breakdown
Protection Coverage can be purchased to cover this
gap.
Related
Article: EB 00 20–Equipment Breakdown Protection
Coverage Form Analysis
l. Temperature/Humidity (08 10 change)
Loss or damage that dryness, dampness, humidity, changes in, or extremes
of temperature cause is excluded. The one exception is
that if any of these events result in a covered peril then the loss or damage because
that covered peril is covered.
m. Voluntary Parting (08 10 change)
Loss or damage that occurs because covered
property is voluntarily given to others is excluded.
There is no coverage even if the surrender was due to a fraudulent scheme,
trick, or false pretense.
Example: James was surprised when Larry, a new
employee, showed up at the site and explained that the president wanted some high-end
electronics moved from James jobsite to another jobsite. Larry was very
apologetic but insisted that the president was adamant that the transfer happen
and happen quickly. James knew the president was rather unreasonable and
would be rough on Larry if James did not comply immediately so James helped
Larry load the equipment in his truck but only after he signed a receipt. The
president was incredibly vocal when James told this story because Larry was
not an employee and the president had made no such demand. The equipment was never seen again and its loss was not covered. |
n. Wear
And Tear (08 10 change)
Loss or damage that is caused
by wear, tear, marring, or scratching is excluded.
Note: The
Explosion, Bursting, or Rupture exclusion in the previous edition is not in the
08 10 edition.
1. Notice
The named
insured must give prompt notice of a loss to the insurance company or its
agent. The notice must include a description of the property lost or damaged.
If a criminal act caused the loss, the appropriate law enforcement agency must also be notified. The insurance company has the right
to require that any notice be in writing.
2. You Must Protect
Property
During and
after a loss, the named insured must take all reasonable steps to protect
covered property from further loss. The insurance company pays reasonable costs
the named insured incurs to do so if the named insured
maintains accurate records to substantiate the costs. Paying these costs is not
in addition to the policy limits. There is no coverage for any repairs or
emergency measures performed on property not already damaged by a covered
peril.
Note: It
is important to realize that any such costs incurred will reduce the amount available to
pay the actual loss.
3. Proof of Loss
The named
insured must complete and return the insurance company's prescribed proof of
loss forms within 60 days after the company requests it. The information
provided must include the time, place, and circumstances involved with the loss
and information on any other insurance coverage that may apply. It must also
include the named insured’s interest and the interest of others with respect to
the property involved, including lienholders, loss payees, and mortgagees. Any
changes in title to the property during the policy period must
be disclosed, in addition to providing any other reasonable information
the company may require to adjust and settle the loss.
4. Examination
Examination
under oath may be required in matters that relate to the loss. The insurance
company may request these examinations more than once but such requests must be
reasonable. If multiple persons are examined, the
company has the right to examine each individual separately.
5. Records
The named
insured must produce any records related to the loss. The insurance company must be allowed to make copies and take extracts of them as
often as it reasonably requests. Records include tax returns and bank
microfilms of all related cancelled checks but records are not limited to just
these.
6. Damaged Property
Both damaged
and undamaged property must be made available for the
insurance company's inspection as often as reasonably necessary. It must also be allowed to take samples of the property to the
extent necessary to adjust and settle the loss.
7. Volunteer Payments
The named
insured may not voluntarily make payments, assume obligations, pay or offer
rewards, or incur other expenses without the insurance company's express
approval. If it does, it does so at its own expense. The only exceptions are
those costs incurred to protect property as item 2. above
describes.
8. Abandonment
The named
insured may not abandon damaged property to the insurance company without its
written consent.
9. Cooperation
The named
insured must cooperate with the insurance company. Any actions required of the
named insured within this policy must be performed.
1. Cost to Repair,
Replace, or Rebuild (08 10 changes)
a. If Property Is Repaired, Replaced
or Rebuilt
Covered
property that is actually repaired, replaced, or rebuilt is based on the named
insured's reasonable and necessary costs and expenses to do so with similar materials
to what was used in the damaged installation project. The insurance company
does not pay anything until the named insured actually incurs the costs and
expenses. Examples of covered costs and expenses are material, delivery
charges, labor, and reasonable overhead and profit.
b. If Property Is Not Repaired,
Replaced, or Rebuilt
The valuation of covered property that is not repaired, replaced, or rebuilt is based on an
estimate. The reasonable and necessary costs and expenses considered are those that
would have been necessary to repair, replace, or rebuild the property using
similar materials to what was used in the damaged
installation project. Overhead, profit, and delivery charges are not included
because they will not be incurred.
c. Payment Limitation
The insurance company will pay no more
than the limit on the schedule of coverages.
Example: Isaac's Installations sustains a loss and estimates that the repair
costs, excluding overhead, profit, and delivery will be $10,000. The
insurance company approves and pays this amount. When the actual work is completed,
Isaac itemizes and files a claim that includes the $10,000 incurred in the
repair plus the profit, delivery costs, and overhead for a total of $14,000.
The insurance company pays the additional $4,000 of the claim. |
2. Pair or Set
The value of
a loss to part of a pair or set is not the entire value of the pair or set but
it is also not merely the value of the individual item. Instead, it is a reasonable
proportion of the value loss of the entire pair or set because that one part is
lost.
Note: This recognizes that the
value of the whole is greater than the value of individual parts but that the
remaining parts still have value as separates.
3. Loss to Parts
The value of
a lost or damaged part of property that consists of several parts is the cost
to repair or replace only the lost or damaged part.
1. Insurable Interest
The insurance
company does not pay more than the named insured's insurable interest in the
covered property at the time of loss.
Note: One concern is the way personal property of others claims are adjusted because the named insured has a minimal amount of financial interest in property of others.
Example: Jake
installs cabinets for Kelly Primary. Kelly owns the cabinets but Jake has
control of them. Jake’s vehicle overturns as he is transporting them to the
project site and the cabinets are destroyed. Jake
never owned the cabinets but they were delivered to
his location for temporary storage until the project started. Could Jake’s loss be denied because Jake does not have a
financial interest in the cabinets? |
2. Deductible
The insurance company pays only the amount of loss that exceeds the deductible amount on the schedule of coverages.
3. Loss Settlement Terms
Subject to
other items in this section, the insurance company pays the least of the
following:
4. Coinsurance
a. When Coinsurance Applies
The insurance company pays only part of
the loss if the limit is less than 100% of the estimated completed value of the
covered property at the time of loss.
b. How We Determine Our Part of the
Loss
There are three steps to determine the
amount of the loss to be paid:
Step 1. Multiply the percentage on the schedule of coverages
by the value of the covered property at the time of loss.
Step
2. Divide the limit for covered
property by the result determined in step 1.
Note: There is no coinsurance penalty if the result is1.00 or higher.
Step 3. When step 2. is
less than 1.00 a coinsurance penalty applies. Subtract the deductible from the
amount of loss and then multiply the total amount of loss by the percentage
determined in step 2.
The insurance company does not pay more
than the amount determined in step 3. or the limit,
whichever is less. It does not pay any remaining part of the loss.
c. If There is More Than One Limit
If there is more than one limit on the
schedule of coverages, this procedure applies separately to each limit.
d. If There is Only One Limit
If there is only one limit on the
schedule of coverages, this procedure applies to the total of all covered
property to which that limit applies.
e. When
Coinsurance Does Not Apply
Coinsurance does not apply when
coinsurance provisions are waived by an entry on the
schedule of coverages.
5. Catastrophe Limit
(08 10 addition)
The most the
insurance company pays in any one occurrence or loss is the Catastrophe Limit
on the schedule of coverages. This limit applies regardless of the number of
installation projects, jobsites, or any combination of them, as well as
coverages under Coverage Extensions or Supplemental Coverages.
Note: It is very important to adjust this limit whenever
jobsites are added or other limits are increased.
Example: Miller’s
had HVAC jobs at 10 locations and coverage was on a blanket basis. The
jobsite limit was $50,000 so a catastrophe limit of $500,000 was
scheduled. Miller increased the
temporary storage location limit to $150,000 because that location was
convenient for five of the jobs so that separate storage was
not needed on each site. When a tornado came through all of the
jobsites were damaged, as was the temporary
location. Miller was very unhappy when he learned that his loss was capped at $500,000 and he would not receive the
$650,000 he thought he should. |
6. Insurance under More Than One Coverage
Two or more coverages in the coverage form may apply to the same loss. In
that case, the insurance company does not pay more than the value of the actual
claim, loss, or damage sustained.
7. Insurance under
More Than One Policy
a.
Proportional Share
The named
insured may have other coverage subject to the same terms as this coverage
form. In that case, this coverage form pays only its share of the covered loss.
That share is the proportion that its limit of insurance bears to the limits of
insurance of all insurance that covers on the same basis.
b. Excess
Amount
There may be other coverage available to
pay for the loss other than as described in 7. a. above. In that case, this coverage form pays on an excess
basis. It pays only the amount of covered loss that exceeds the amount due from
the other coverage, whether collectible or not. Any payment is subject to the
limit of insurance that applies.
1. Loss Payment
Options
a. Our
Options
b. Notice
of Our Intent to Rebuild, Repair, or Replace
The insurance
company has 30 days from the date it receives a properly completed proof of
loss to notify the insured of its intent to rebuild, repair, or replace the damaged
property.
2. Your Losses
a.
Adjustment and Payment of Loss
The insurance
company adjusts all losses with and pays the named insured unless another loss
payee named in the policy is involved.
b.
Conditions for Payment of Loss
The insurance
company pays a covered loss within 30 days after it receives a properly
prepared proof of loss and the amount of loss is established. Either the amount
of loss is determined through a written agreement between the company and the
named insured or after an appraisal award is filed
with the company.
3. Property of Others
a.
Adjustment and Payment of Loss to Property of Others
The insurance
company has the option to adjust and pay losses that involve property of others
either to the named insured acting on the property
owner’s behalf or to the property owner.
b. We Do
Not Have To Pay You if We Pay the Owner
When the
insurance company pays the property owner, it is not obligated to pay the named
insured. In addition, if the property owner sues the named insured, the company
has the option to defend the named insured in that suit.
Note: Installation Floaters often involve significant
amounts of property of others that are in the named insured’s care, custody,
and control. The property owner is the named insured’s customer so a smooth
claims settlement is very important to the named insured.
1. Appraisal
The insurance
company and the insured may not always agree on a covered claim’s value. This
condition provides one method to resolve disputed claims.
Either party
can request an appraisal to determine a disputed claim’s value. Once requested,
the parties have 20 days to obtain their own independent and competent appraisers
and give their appraiser's name to the other party. The two appraisers then
have 15 days to select a competent impartial umpire. If they cannot agree on an
umpire within that time period, either can request
that a judge in the court of record in the state where the property is located
appoint one.
The
appraisers then determine the claim’s value. They submit any differences to the
umpire. Once any two of the three parties agree, the amount of loss is set.
Each party
pays its own appraiser. Both parties share the umpire’s cost and other expenses
equally.
2. Benefit to Others
The insurance
provided does not directly or indirectly benefit any
party that has custody of the named insured's property.
3. Conformity with
Statute
Any condition
in this coverage form that conflicts with any applicable law is
amended to conform to that law.
4. Estates
Note: This condition applies
only if the named insured is an individual.
a. Your
Death
This applies
only when the named insured is an individual. When a named insured dies, the
person who has custody of the named insured's property is an insured for that
property until a qualified legal representative is appointed. Once the named insured’s legal representative is named, that person but
only for the property covered under this policy.
b. Policy
Period is not Extended
This coverage
does not extend past the policy’s expiration date.
5. Misrepresentation,
Concealment, or Fraud
This coverage
is void if any insured at any time willfully concealed or misrepresented a
material fact that relates to the insurance provided, the property covered, or
its interest in the property. It is also void if fraud or false swearing by any
insured took place concerning the insurance provided or the property covered.
Note: The named insured must
deal with the insurance company honestly. Its rights of recovery may be voided if it intentionally misrepresents or conceals
a material fact or information. This means that the insurance is treated as simply having never existed versus denying a
particular claim.
6. Policy Period
Only covered
losses that occur during the policy period are paid.
7. Recoveries
Paying the
loss does not end the obligations of the named insured and the insurance
company toward one another. Additional provisions apply if the insurance
company pays a loss and the lost or damaged property is
subsequently recovered or the parties responsible for the loss pay for
it.
Either party
that recovers property or payment must inform the other. Recovery expenses that
either party incurred are reimbursed first. If the
named insured keeps the recovered property, it must refund the amount of the
claim the insurance company paid, unless the company agrees to a different
amount. If the claim paid is less than the agreed loss due to applying a
deductible or another limitation, any recovery is prorated
between the named insured and the insurance company based on the company's
respective interest in the loss.
8. Restoration of
Limits
Payment of a
claim does not reduce the applicable limits that are available to pay future
claims. The only exception is Coverage
Extensions 3. Limited Fungus Coverage provides that the coverage is subject to an aggregate limit.
9. Subrogation
The insurance
company acquires the named insured's rights of recovery from third parties
after it pays a loss. The named insured must help the insurance company secure
those rights. The company is not obligated to pay a loss if the named insured
hinders or impairs the company's rights of subrogation. However, the named
insured can agree in writing to waive recovery rights from others before a loss
occurs.
Note: Construction contracts often include a mutual waiver
of subrogation between the parties. This waiver would be
honored as long as the contract was signed prior to the loss.
10. Suit against Us
The insurance
company cannot be sued by anyone for any coverage
until all the terms of the coverage form are met. Suits must
be brought within two years after the named insured first knew about a
loss. If a state law invalidates this condition, any suit brought must comply
with the provisions of that law and begin within the shortest period of time allowed by law.
Note: It is normal for a basic
coverage form to be modified by mandatory
state-specific endorsements that address issues that relate to that specific
state.
11. Territorial
Limits
Covered
property must be located in the United States, its territories and possessions,
Canada, or Puerto Rico in order for coverage to apply.
12. Carriers for Hire
Many carriers for hire limit their
liability through shipping documents for less than the shipped property’s
actual cash value. The insurance company grants permission to the named insured
to accept those shipping documents.
Additional Coverage
Limitations
When Coverage Ceases
Coverage at the earliest of the
following events:
Note:
This could be a problem because the coverage includes property of others in the
care, custody, and control of the named insured. The named insured never has an
insurable interest in such property so does that mean there is never any coverage?
Note:
Because coverage ends on the earliest date that one of these
events occurs, it is extremely important to inform the named insured of that
fact. This is so that coverage being in force is not
automatically or incorrectly assumed.
Defined terms
are used throughout the coverage form. Restricting
their meaning to the definition in it is how all parties have a clearer
understanding of the coverage intended. Twelve terms are defined:
1. Earth movement (08
10 changes)
Note: Earth movement does not include sinkhole collapse.
2. Flood (08 10
changes)
Water that
overflows or inundates usually dry areas, whether caused naturally or
artificially is flood. It may be caused by human or animal
forces or other acts of nature. All of the following are examples of
flood but the definition is not limited to only them:
3. Fungus
This is a very far-reaching definition that includes the following but is not limited to just
them:
4. Installation
project (08 10 addition)
An installation or construction project. A repair
or maintenance project requires installation, construction or rigging of
materials, equipment, supplies, machinery, or fixtures is an example but the
term is not limited to only this.
5. Jobsite (08 10
change)
This is any
location, project, or work site where the named insured is conducting an installation project that requires
installation, construction, or the rigging of materials, equipment,
supplies, machinery, or fixtures.
6. Limit
This is the amount of coverage that applies to the insured property.
7. Pollutant
This is a
broad and expansive term. It is solids, liquids, thermal or radioactive
contaminants, and irritants. It includes, but is not limited to, acids,
alkalis, chemicals, fumes, smoke, soot, vapor, and waste. Waste includes
materials intended for recycling, reclamation, and reconditioning as well as
for disposal. Visible and invisible electrical or magnetic emissions and sound
emissions are also considered pollutants.
8. Schedule of
coverages
This is any page labeled as such that contains coverage information,
including declarations or supplemental declarations.
9. Sinkhole collapse
The earth’s
surface suddenly settling or collapsing into an underground opening that is created by water acting on limestone or some other rock
formation. Sinkhole collapse does not include the collapsed land’s value or the
cost to fill sinkholes.
10. Specified perils
The named
perils of aircraft, civil commotion, explosion, falling objects, fire, hail,
fire extinguishing equipment leakage, lightning, riot, sinkhole collapse,
smoke, sonic boom, vandalism, vehicles, volcanic action, water damage, weight
of sleet, snow or ice and windstorm. Two terms need further explanation.
Falling
objects does not include loss to personal property that is stored in the open. Damage
to the interior of buildings or personal property stored in buildings by a
falling object is included in this definition only if the falling object first
breaches the building's exterior.
Water damage starts
with a crack or break in a water or steam holding system or appliance and then
a sudden or accidental discharge or leakage of water or steam occurs.
11. Terms
All policy
provisions, limitations, exclusions, conditions, and definitions that apply to
this coverage.
12. Volcanic action
An airborne
volcanic blast or shock waves, ash, dust, and particulate matter but does not
include the cost to remove that dust, ash or particulate matter unless the
covered property is first directly damaged. Lava flow is also
considered volcanic action.
This Schedule of Coverages is used with IM 7101–Installation Floater Coverage–Reporting
Form. IM 7106 contains the following information:
The 01 12 edition added a space to enter the policy
number.
The 01 12 edition
added “Limit” at the top of this section.
This is the most paid for
loss at any one jobsite.
This is the most paid for
loss in a single occurrence.
The limits on the Schedule of Coverages
for the following coverages apply to all covered locations:
The limit is $5,000 unless a different limit is entered.
The number of days is ten unless a different number of days is entered.
The limit is $10,000 unless a different limit is entered.
The limit is $50,000 unless a different limit is entered.
The limit is $15,000 during each 12-month period unless a different limit is entered.
The limit is $10,000 unless a different limit is entered.
Supplemental Coverages
Each of these coverages provides
additional limits of coverage or additional coverage. Required entries vary by
type of coverage.
The limit is $10,000
unless a different limit is entered.
The limit is $10,000 unless
a different limit is entered.
The
limit is $10,000 during each 12-month period unless a different limit is entered.
The
limit is $1,000 unless a different limit is entered.
The limit is $10,000
unless a different limit is entered.
The
limit is $10,000 unless a different limit is entered.
The
limit is $10,000 unless a different limit is entered.
Reporting Conditions
The reporting
condition applies if the box is checked. The reporting rate must
be entered and a monthly, quarterly, or annual reporting option must be
selected.
Any
Additional Premium Due after Expiration explains that additional premium
developed is due when it is billed. The reporting condition
deposit and minimum premiums are entered in this area.
Deductible
The deductible that applies to covered
property is entered in the space provided.
Additional
Information (01 12 change)
This section of the schedule of
coverages lists endorsements and forms included when the policy is issued.
The previous edition referred to this section as
Optional Coverages and Endorsements.
This analysis is of the 08 10 edition.
This coverage form is similar to IM
7100–Installation Floater Coverage analyzed above except for six sections. This
analysis addresses only the differences in the six sections.
The option for coverage at only
scheduled locations provided in the IM 7100 is removed.
This coverage is blanket over all of the named insured’s
jobsites, installations, or construction project.
The following three coverage extensions
added:
3. Emergency Removal Expenses
This coverage
extension pays the expenses for the named insured to move covered property away
from a covered location threatened by a covered peril. It also pays for storage
fees incurred to keep it at a sanctuary location up to ten days after the
property is initially moved. The most paid for such
expenses in a single occurrence is $10,000. Coverage ends when the policy
expires, even if the property is still at the sanctuary location.
Note: This is additional
coverage. As a result, all such expenses paid are in addition to the property’s
limit of insurance.
4. Fraud and Deceit
Theft of covered property due to any of the following
is covered:
. The most paid in a single occurrence
is $50,000.
6. Waterborne Property
The insurance company pays up to $10,000
in any one occurrence for direct physical loss or damage to covered property that
is waterborne but only if the loss or damage is caused
by or results from a covered peril. This limit can be
increased.
Supplemental Coverages
Three supplemental coverages are added and the limits for three others are changed.
The following are the three supplemental
coverages added:
1.
Business Personal Property
Business personal property that is on the named insured’s jobsite but is not intended to become a permanent
part of the installation. The most paid in a single occurrence is $10,000.
Note: The coverage does not limit this to property owned
by the named insured but does not specifically state that is applies to such
property in the care, custody, or control of the named insured.
Example: Jack sets up his scaffolding at Buzzy’s jobsite. One evening the
scaffolding disappears. Jack has no insurance coverage for the scaffolding so
demands that Buzzy compensate him for the loss. Could this coverage apply to
Jack’s loss? |
2.
Expediting Expenses
A covered
loss may cause a job to fall behind schedule. In that case, the insurance
company pays up to $10,000 in a single occurrence for expenses the named
insured incurs to meet the construction contract's specified timetable.
Examples of covered expenses are overtime pay, hiring additional labor,
transportation costs, storage expenses, and costs to rent additional equipment.
Note: The only expediting expenses paid are those needed
to speed up delays that result from the covered loss. If delays because of
other perils or for other reasons have also occurred, this coverage will not
pay for those.
4. Rewards
The insurance company pays a reward for
information leading to a conviction for arson, theft, or vandalism when the
conviction involves a covered loss caused by arson, theft, or vandalism. The
most paid in a single occurrence for a reward for information is $1,000,
regardless of the number of persons who provide information.
The following are the three supplemental
coverages with limits that changed:
5. Sewer Backup
The limit is increased to
$10,000 from $5,000.
6. Temporary Storage Locations
The limit is increased to
$10,000 from $5,000.
7. Transit
The limit is increased to
$10,000 from $5,000.
Perils Excluded
The only difference is that Exclusion 2.
k. Voluntary Parting in IM 7101 has an exception that provides coverage under
Coverage Extensions 4. Fraud and Deceit.
How Much We Pay
IM 7101 does not contain a coinsurance
condition.
REPORTING CONDITIONS
This section in IM 7101 is not in IM
7100. It is activated by entries on the schedule of
coverages, including the reporting rate or rates, deposit premium, and minimum
premium. This condition outlines the detailed steps in the
reporting process, how premium is determined and adjusted, and the penalties
that result from failing to submit reports on time or reporting inaccurate proper
values.
IM 7107–SCHEDULE OF
COVERAGES–INSTALLATION FLOATER COVERAGE–CONTRACTORS' FORM (01 12 changes)
This Schedule of Coverages is used with
IM 7102–Installation Floater Coverage–Contractors' Form. IM 7107 contains the
following information:
Policy Number (01 12
addition)
The 01 12 edition added a space to enter the policy
number.
Catastrophe Limit
This is the most paid for loss in a
single occurrence.
Property Covered
This section
has five coverages available:
If this coverage is checked, a limit is entered
in the space provided for Unscheduled Jobsite Coverage.
If this coverage is checked, a limit is
entered in the space provided for All Scheduled Contractors' Equipment.
IM 7130–Equipment Schedule-Installation Floater Coverage-Contractors’ Form must also be attached to provide limits for each item.
If Schedule on File is checked, a limit is
entered in the space provided for All Scheduled Contractors' Equipment. The Schedule on File has the limits for each
scheduled item.
If this coverage is
checked:
If this coverage is
checked:
This is Unscheduled
Tools Coverage. If it is checked:
Coverage Extensions
The limits on the Schedule of Coverages
for the following coverages apply to all covered locations.
Coverage
Extensions That Apply To All Covered Property:
The limit
is $5,000 unless a different limit is entered.
The
number of days is ten unless a different number of days is
entered.
The limit is $15,000 during each 12-month period unless a
different limit is entered.
Supplemental Coverages
Each of these coverages provides
additional limits of coverage or additional coverage. Required entries vary by
type of coverage.
Supplemental Coverage That Applies To
All Covered Property:
The limit is $10,000 unless a different limit is entered.
These
Supplemental Coverages apply when Installation Floater is checked:
The limit is $5,000 unless a different limit is entered.
The limit is $5,000 unless a different limit is entered.
The limit is $5,000 unless a different limit is entered.
This
Supplemental Coverage applies when Scheduled Contractors' Equipment is checked:
The limit is $5,000 unless a different limit is entered.
Deductible
Two deductible options are available:
If this deductible is
checked, a single deductible that applies to all coverages is
entered in the space provided.
If this deductible is
checked, separate deductibles are entered in the spaces provided that apply to each coverage provided. The coverages are:
Coinsurance
One of the following coinsurance options
must be selected:
Valuation
Actual Cash
Value or Replacement Cost must be checked for each
coverage provided. The Coverages are:
Additional Information (01 12 change)
This section of the schedule of coverages lists endorsements and forms included when the policy is issued.
The previous edition referred to this
section as Optional Coverages and Endorsements.
IM 7102–INSTALLATION FLOATER
COVERAGE–CONTRACTORS' FORM ANALYSIS
This coverage form that was introduced in 08 10 is a
combination of the installation floater and contractors equipment coverages.
The Installation Floater portion is very similar to the IM 7100. The major
change is the addition of the contractors’ equipment coverage.
This analysis addresses only the
differences between the two forms.
Property Covered
Five coverage
options are provided. The first is the Installation Floater which is similar to the IM 7100 but contains
important differences.
1. Installation
Floater
This section
in IM 7102 provides coverage only at Unscheduled Jobsites and only when
selected on the schedule of coverages. This eliminates the blanket and
scheduled locations coverages in the IM 7100 The limit for this coverage cannot be combined with or added to the limit of any other coverage
under Property Covered.
2.
Scheduled Contractors' Equipment
a.
Coverage
Coverage
applies to covered direct physical loss or damage to the
named insured's contractors' equipment and to contractors' equipment
that belongs to others in its care, custody, and control.
b. Covered
Equipment
c.
Coverage Limitation
d. Limit
3. Contractors' Equipment Leased or
Rented from Others
a. Unscheduled Equipment Coverage
Coverage
applies to covered direct physical loss or damage to contractors' equipment the
named insured leased or rented from others. Any such equipment not scheduled on
the named insured’s equipment schedule is not covered.
b. Coverage Limitation
c. Limit
4. Owned, Leased, or Rented Tools
a. Unscheduled Tools Coverage
Coverage
applies to covered direct physical loss or damage to the named insured's tools and
to tools that it leases or rents from others.
b. Coverage Limitation
c. Limit
5. Employee Tools
a. Unscheduled Tools Coverage
Coverage
applies to covered direct physical loss or damage to tools the named insured’s
employees own.
b.
Coverage Limitation
c. Limit
Property Not Covered
Five types of
property not covered in IM 7100 are added deleted and one
is eliminated.
Added property not covered
The following
property is added to the property not covered section:
Eliminated property not covered
The following
property is eliminated from the property not covered
section:
Machinery, Tools, or Equipment.
Supplemental Coverages
Newly Purchased Equipment is added for only Scheduled Contractors' Equipment coverage.
Perils Excluded
The following
exclusions in the IM 7100 remain in the IM 7102 but do not apply to contractors’
equipment or tools:
The following
exclusion is added and applies to all coverages:
Valuation
Contractors'
Equipment and Tools is valued at Actual Cash Value or Replacement Cost, based
on the selection on the schedule of coverages. Installation Floater valuation
is unchanged.
How Much We Pay
Additional Coverage
Limitations
This provision in IM 7102 applies to
only Installation Floater coverage.
Definitions
IM 7102 has these additional
definitions:
ENDORSEMENTS AND SCHEDULES
AAIS has developed the following
endorsements and schedules to use with the various Installation Floater Coverage
Forms.
IM 7111–Business
Personal Property Endorsement (01 12 change)
This endorsement covers the named
insured's business personal property that is not intended
to become a permanent part of the installation or construction project at
installation jobsites or construction projects. The 01 12 edition added a space to enter the policy number.
IM
7112–Reporting Conditions Endorsement
(Use with IM 7100)
This endorsement is
used to change IM 7100–Installation Floater Coverage to a reporting
form.
IM
7113–Reporting Conditions Schedule–Installation Floater (01 12 change)
(Use with IM 7100)
This schedule is used with IM
7112–Reporting Conditions Endorsement when changing IM 7100–Installation
Floater Coverage to a reporting form. It has spaces to enter the reporting and
adjustment periods, the rates per project or installation, and the deposit and
minimum premiums. The 01 12
edition added a space to enter the policy number.
IM
7114–Testing and Commissioning Coverage
This endorsement adds coverage to the
Installation Floater Coverage Forms for direct physical loss or damage to
covered property caused by or that results from testing. This endorsement
defines three types of testing: Cold testing, hot testing, and commissioning.
IM
7115–Testing and Commissioning Coverage Schedule–Installation Floater (01 12
change)
This schedule is used with IM 7114–Testing and Commissioning Coverage endorsement. It has
spaces to enter the testing limit, deductible, and period, the type of testing,
a description of the covered jobsite or project, and any protective safeguards
that apply. The 01 12 edition added
a space to enter the policy number.
IM
7117–Waterborne Endorsement (01 12 change)
This endorsement extends the insurance
on covered property to apply when the property is waterborne, subject to the
limit and deductible entered in the spaces provided. The 01 12 edition added a space to enter
the policy number.
IM
7118–Fraud and Deceit Coverage (01 12 change)
This endorsement adds coverage for loss
due to theft of covered property caused by acts of fraud and/or deceit. These
acts include false representations, fraudulent bills of lading, or because of
electronic data processing hardware or software. The 01 12 edition added a space to enter the policy number.
IM
7119–Equipment Breakdown and Testing Coverage
This endorsement adds coverage for loss
or damage to covered property caused by or that results from explosion,
rupture, or bursting of steam boilers, mechanical breakdown, or electrical
currents.
IM 7120–Contract Penalty Endorsement (01
12 change)
This endorsement provides coverage for
contractual penalties when a project is not completed. The 01 12 edition added a space to enter
the policy number.
IM 7121–Earthquake and Flood Coverage
Endorsement
This endorsement provides earthquake
and/or flood coverage. Separate limits per project, per occurrence, and per catastrophe
are available. It can also be used to provide Delay in
Completion coverage.
IM 7122–Earthquake and Flood
Schedule–Installation Floater Coverage (01 12 changes)
This endorsement is used with IM
7122–Earthquake and Flood Coverage Endorsement to indicate the coverages,
limits, and deductible amounts provided or not provided. The 01 12 edition added a space to enter
the policy number. It also added the word “Limit” in three places because Limit
is a defined word.
IM 7124–Equipment Breakdown and Testing
Schedule–Installation Floater Coverage (01 12 change)
This schedule is used
with IM 7119–Equipment Breakdown and Testing Coverage to list the coverages,
limits, deductible amounts, and waiting periods that apply. The 01 12 edition added a space to enter
the policy number.
IM 7125–Delay in Completion Coverage
Part–Installation Floater Coverage
This is a coverage form. It covers
Additional Installation Expenses, subject to the Installation Floater
deductible, and Additional Soft Costs, subject to the Delay in Completion
waiting period. It includes Coverage Extensions for Expenses to Reduce a Loss,
Interruption by Civil Authority, and Limited Fungus Coverage. It includes
Supplemental Coverage for General Administration Expenses. Sewer Backup is an
Optional Coverage in the Delay in Completion Coverage Part.
IM 7126–Delay in Completion
Schedule–Installation Floater Coverage (01 12 changes)
This schedule is used with IM 7126–Delay
in Completion Schedule–Installation Floater Coverage with any of the Installation
Floater Coverage Forms. It is used to indicate the
coverages, limits, and waiting periods that apply. The 01 12 edition added a space to enter the policy number. It also
added the word “Limit” in one place because Limit is a defined word.
IM 7127–Additional Coverages
Endorsement–Contractors' Form
(Use with IM 7102)
This endorsement extends coverage to
apply to Construction Trailers, Continuing Rental or Lease Payments, Equipment
and Tools Leased or Rented to Others, Equipment Hauling, Reward for Recovery of
Stolen Property, Spare Parts, Fuel, and Lubricants, Waterborne Contractors'
Equipment and Tools, and Waterborne Property.
IM 7128–Additional Coverages
Schedule–Contractors' Form (01 12 change)
This schedule is used
with IM 7127–Additional Coverages Endorsement–Contractors' Form to enter the
limits for the coverages selected. The
01 12 edition added a space to enter the policy number.
IM 7129–Blueprints and Construction
Documents Coverage (01 12 change)
This endorsement is
used with any of the Installation Floater Coverage Forms to cover
blueprints, construction documents, specifications, drawings, contracts, maps,
deeds, abstracts, models, and similar property. The 01 12 edition added a space to enter the policy number.
IM 7130–Equipment Schedule–Installation
Floater Coverage–Contractors' Form (01 12 change)
(Use with IM 7102)
This schedule is used
to list, describe, and enter a limit for each item of covered equipment. The 01 12 edition added a space to enter
the policy number.
UNDERWRITING CONSIDERATIONS
Installation
coverage forms insure building materials and supplies at the construction site,
in transit to the site, and similar property intended for the construction
project at other locations as necessary or due to lack of storage space at the
construction site. The principal exposures and causes of loss are fire, theft,
vandalism, windstorm, collapse, and transit. The underwriting process involves
evaluating the location and transit exposures and the protective services and
arrangements incorporated at the project to eliminate or reduce the possibility
of loss.
The key
factors to effectively underwrite installation
coverage are to evaluate the contractors doing the work, the project's controls
and specific features, and the contracts that dictate each party's
responsibilities when they are at work at the jobsite.
The
contractor should have experience doing the work called for in a specific
installation project. It is unlikely that a contractor that usually works in
residential settings will be similarly successful on commercial installation or
construction jobs. A contractor excels only by doing the same or similar work
repeatedly and well. Similarly, a contractor should not do work beyond its area
of expertise. For example, a plumbing contractor is not likely to do a good job
setting dry wall in place. A qualified contractor should be able to produce a
list of references and jobs successfully completed during the previous three to
five years, so its experience can be evaluated
relative to the work that must be done on the prospective job.
Controls and
security at the jobsite should be adequate to eliminate or at least reduce the
chances of fire, theft, and other similar intrusions. In most cases, the
general contractor is responsible for site security and directs how the various
subcontractors are to work within those security arrangements. At some times
and in some cases, the insured subcontractor is actively involved in project
oversight and might be responsible for arranging security. In a few rare cases,
only a single subcontractor is on the site at a given time and it assumes
responsibility for security. Arrangements for and advance notice of deliveries
and vendors on the premises should be required and others coming on the premises
must be challenged and denied access unless they can prove their need or reason
to be there.
The nature
and content of the contracts the insured executes are extremely important. They
should clearly define subjects such as ownership of covered property, the
responsibilities of each party, and the obligations to purchase and deliver
materials intended to be a permanent part of the installation. The arrangement
and timing of subcontractors and their work must be scheduled and in writing.
If subcontractors in turn subcontract part of their work, that relationship and
detail must also be addressed. Evidence of insurance
on the part of all contractors that work on the job must be produced and filed
for future reference if a loss occurs and responsibility must
be established.
The project’s
duration is a concern because security is more of an issue on a long-term job
than for shorter ones. The same concern applies to goods in transit, because
losses are more likely to occur in cases with many deliveries of materials and
supplies. The nature of the property being installed
is also a concern, since high valued items require extra care in handling to
reduce the chance of damage. Many of these items may also be subject to
additional exposure to loss or damage through extra hazardous operations such
as rigging and installation at extreme heights where cranes are involved.
The best way
to evaluate, underwrite, and understand an installation project is to take
these factors into consideration and to have some security arrangement,
contractual, or risk management technique in place to address it. This results
in a more efficient, safe, and properly completed installation or construction
project.
Related
Article: AAIS Builders' Risk Coverage Forms