(August 2019)
This comparison outlines and highlights the similarities and differences between the Insurance Services Office (ISO) Businessowners Coverage Form and the Mutual Services Office (MSO) Businessowners Policy.
Related Articles:
BP 00 03–Businessowners Coverage Form Analysis
MSO Businessowners Policies Analysis
Note: This comparison follows the ISO Businessowners Coverage Form format and the MSO Expanded Coverage.
COMPARE: ISO BP 00 03 07 13 TO MSO BU 04
01 01 19–Expanded Coverage |
||
Section |
ISO BP 00 03 01 13 |
MSO BU 04 01 01 19 |
Introduction |
Explains provisions that reduce coverage, rights, duties, and what is
and is not covered. Defines "you," "your,"
"we," "us," and "our." Refers to special words
and phrases in definitions. |
Similar. You, your, yourself and we/us/our have similar definitions in
the Common Glossary–Parts I and II. This section also includes other defined
terms. |
Section I–Property Coverage |
|
|
Buildings |
Buildings Additions Fixtures Permanent Machinery and Equipment Landlord personal property in apartments, etc. Owned personal property for main and service Building material, if not covered elsewhere |
Same Same Same Same Provided in Part I B–Supplemental Coverages Provided in Part I B–Supplemental Coverages Covered as excess if there is other insurance |
Business Personal Property |
Personal property can be up to 100 feet from the described premises Personal property must be owned and used in business Personal property of others in insured’s care, custody, and control Improvements and betterments Leased Property insured is contractually required to insure Tenant’s exterior building glass |
Provided in Part I B–Supplemental Coverages Same Same but excess over other coverage available and no coverage unless insured
is responsible. Property of customers is limited to the limit on the declarations.
Same Not a separate item but could be covered as property in care, custody,
and control Same |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
|
Property Not Covered |
|
|
|
Aircraft and motor vehicles subject to registration |
Excluded |
Same but coverage for nonregistered motor vehicles is under Part I B–Supplemental
Coverages Drones specifically not covered |
|
Money and securities |
Excluded |
Same |
|
Contraband and property illegally transported or traded |
Excluded |
Same but described in common exclusions instead of property not covered
|
|
Land, water, growing crops and lawns |
Excluded except for vegetated roofs |
Same but in two different exclusions No vegetated roofs exception |
|
Outdoor fences, antennas, signs, trees, shrubs, and plants |
Excluded except for vegetated roofs |
Trees, shrubs, plants, signs, and satellite dishes are excluded.
Antennas and fences are not listed. No vegetated roofs exception |
|
Watercraft and their equipment |
Excluded |
Same |
|
Accounts, bills, food stamps, other evidences of debt, accounts
receivable, and valuable papers and records |
Excluded |
Same. Also excludes gold, silver, and other precious metals |
|
Computers in aircraft and motor vehicles subject to registration other
than stock |
Excluded |
No corresponding provision |
|
Electronic data other than stock of prepackaged software |
Excluded except for that integrated within the building’s HVAC,
elevator or security systems. |
Other than stock of prepackaged software, all electronic data is
excluded except as for a low limit provided Part I B–Supplemental Coverages |
|
Animals, except as stock inside buildings |
Excluded |
Same except the stock is not required to be inside the building. The
term used is Creatures instead of animals. |
|
|
|
|
|
Property not described in this policy |
No corresponding provision |
Excluded |
|
Property covered as business personal property but more specifically
covered under other contracts |
No corresponding provision |
Excluded |
|
Earthworks, exaction, grading and fillings costs, walks, driveways,
etc. |
No corresponding provision |
Excluded |
|
Retaining walls not part of a building. Piers, pilings, wharves, docks |
No corresponding provision |
Excluded |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Foundations below ground, underground piles, flues, and drains |
No corresponding provision |
Excluded |
Covered Causes of Loss |
Direct physical loss unless excluded or limited |
Direct and physical fortuitous loss unless excluded or limited |
Limitations |
|
|
Steam boilers, pipes, engines and turbines damage from explosions are
excluded. Gas or fuel explosion in furnaces, flues, and passageways is
covered. |
Covered |
Same |
Hot water boilers and other water heaters caused by conditions inside
them |
Covered |
Same |
Missing property |
Excluded except for optional coverage for money and securities |
Same |
Property transferred based on unauthorized instructions |
Excluded |
Same |
Damage inside buildings caused by rain, snow, sleet, ice, sand, or dust
|
Excluded with exception for building damage that permits these objects
to enter |
No requirement that the building first be damaged |
Animals |
Excluded except if caused by specified causes of loss or breakage of
building glass |
No corresponding provision. This means that creatures that are covered
because they are stock are covered for the same perils as other stock. |
Fragile articles except building glass, containers of property for sale,
and photographic or scientific instrument lenses |
Excluded except if caused by specified causes of loss or breakage of
building glass |
Same |
Loss or damage by theft to furs, fur garments, watches, and jewelry
over $100 each, precious stones, bullion, gold, silver, platinum, patterns,
dies, molds, and forms |
$2,500 sub-limit but can be
increased |
Same except sub-limit is $3,000 and minimum value is $100. Both can be
changed. Patterns, dies, molds, and forms are not subject to this restriction. |
Vegetated Roofs |
Perils for damage to lawns, trees, plants or shrubs are limited |
Coverage under the Tree, Shrubs and Plants Supplement |
Additional Coverages |
|
|
Debris removal |
25% of the amount of physical loss plus $25,000 if needed Does not cover costs to remove tree debris, |
Same percentage with limit of $10,000 but both percentage and limit can
be changed Does not cover costs to remove tree debris. |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Preservation of property at other premises |
Covered for 30 days |
Same. Referred to as Emergency Removal |
Fire department service charge |
$2,500 limit per premises limit regardless of number responding
departments |
Same limit no such stated limitation |
Collapse |
Limited coverage for
both buildings and personal property |
Similar. Does not mention properties in imminent danger of collapse. |
Water damage, other liquids, powder, or molten material damage |
Covers costs to tear out and replace part of the structure to repair leaking systems or appliances |
Same. Also includes cost to repair the specific item that failed but
not any other part of that repair. |
Business income |
Covers actual loss sustained for up to 12 months during the restoration period. 72-hour waiting period. |
Similar. No waiting period. Can change to a specific dollar limit |
Extra Expense |
Covers expenses to avoid or reduce the time of any suspension of operations |
Similar |
Pollutant cleanup and removal |
$10,000 limit per location and annual aggregate |
Same |
Civil authority |
Business income coverage begins 72 hours after the order at a location one mile or less away and lasts four weeks |
Same except there is no waiting period and coverage period is 14 consecutive days. No restriction on distance except the location must be local. |
Money orders and counterfeit money |
$1,000 limit for loss that results from accepting money orders not paid when presented and counterfeit money |
Same. Limit is $2,500. It can be increased. Includes electronic and cryptocurrency. Fraudulent credit/debit transactions. |
Forgery or alteration |
$2,500 limit subject to conditions |
Same with similar conditions. Limit can be increased. |
Increased cost of construction |
$10,000 limit per building or structure subject to conditions |
Building Code or Law Coverage also covers the value to the undamaged part of the building the must be demolished and the costs to do so. Limit is 10 times building limit. This factor can be increased. |
Business income from dependent properties |
$5,000 limit subject to numerous conditions and includes secondary dependent properties but no wastewater removal services |
Same but no mention of secondary properties or wastewater removal services |
Glass expenses |
Covers costs to repair or replace glass frames, board up openings, and remove obstructions to repair glass |
No corresponding provision |
Fire extinguisher systems recharge expense |
$5,000 limit |
Same |
Electronic data |
$10,000 limit per occurrence and annual aggregate |
Same but must be owned by named insured. |
Interruption of computer operations–Business Income |
$10,000 limit per occurrence and annual aggregate, subject to numerous conditions |
Same except collapse is not a covered cause of interruption. |
Limited coverage for fungi, wet rot, or dry rot |
$15,000 limit per occurrence and annual aggregate, subject to numerous conditions |
No corresponding provisions |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Consequent Loss Coverage (Spoilage) |
No corresponding provision |
$1,000 limit if utility services failure causes spoilage. $500 limit if mechanical breakdown causes spoilage. |
Fraudulent Transfer of Funds |
No corresponding provision |
$5,000 limit for financial loss due fraudulent fund transfers. |
Lock Replacement |
No corresponding provision |
$1,000 limit for door lock replacement or other mechanisms due to loss or theft of keys or key cards. |
Coverage Extensions |
|
|
Newly acquired or constructed buildings |
$250,000 limit for up to 30 days after construction begins or the date acquired |
Limit is 25% of the highest valued building for up to 45 days |
Business personal property at newly acquired or constructed locations |
$100,000 limit for up to 30 days after the date acquired or construction begins |
Limit is 25% of the highest valued personal property for up to 45 days |
Business Income at newly acquired locations |
No corresponding provision |
Equal to the sum of newly acquired limits for Coverages A and B for up to 45 days |
Personal property off premises |
$10,000 limit at non-owned locations or while in transit |
$10,000 limit |
Outdoor property |
$2,500 limit except $1,000 limit on any one tree, shrub, or plant for limited causes of loss |
Similar but $500 on any one tree, shrub, or plant. Satellites and signs have the same perils as Coverage A. |
Personal effects |
$2,500 limit, excluding tools used in the business and loss or damage by theft |
$3,000 limit without the limitations. It does not apply if other insurance is available. |
Valuable papers and records |
$10,000 limit at described premises/$5,000 at other locations |
Same limit at described premises. No limit for other locations |
Accounts receivable |
$10,000 limit at described premises/$5,000 at other locations |
Same limit at described premises. No limit for other locations. Includes cryptocurrency. |
Business Personal Property in Portable Storage Units |
$10,000 for business personal property kept in an on-premises portable storage unit. Maximum time period is 90 days. |
No corresponding provision |
Building property–off premises |
No corresponding provision |
$5,000 limit and includes property in rental storage units |
Exclusions |
|
|
Ordinance or law |
Excluded |
Same |
Earth movement |
Excluded |
Similar but addressed in property exclusions and common exclusions |
Governmental authority |
Excluded |
Similar but addressed in common exclusions |
Nuclear hazard |
Excluded |
Similar but addressed in common exclusions |
Utility services |
Excluded |
Similar. Does not have exception for electronic data |
War and military action |
Excluded |
Similar |
Water |
Excluded |
Similar but covers ensuing theft |
Certain computer-related losses |
Excluded |
No corresponding exclusion |
Fungi, wet rot, or dry rot |
Excluded |
Similar. Part of a larger exclusion that applies to multiple causes of loss |
Virus or bacteria |
Excluded |
Similar. Part of a larger exclusion that applies to multiple causes of loss |
Additional
Exclusions |
|
|
Electrical apparatus |
Excluded |
Similar. Computer hardware, components and equipment specifically not covered. |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Consequential losses |
Excluded |
Similar |
Smoke, vapor, gas |
Excluded |
Same |
Steam apparatus |
Excluded |
Similar |
Frozen plumbing |
Excluded |
Similar |
Dishonesty |
Excluded but employee dishonesty can be covered as optional coverage |
Similar but covers employee dishonesty under Part I B–Supplemental Coverages |
False pretense |
Excluded |
Similar |
Exposed property |
Excluded |
Same |
Collapse |
Excluded except for coverage Additional Coverage–Collapse provides |
Different approach. Similar result. |
Pollution |
Excluded |
Similar |
Neglect |
Excluded |
Similar |
Wear and tear |
Excluded |
Similar |
Rust, other corrosion, decay, deterioration, hidden or latent defect |
Excluded |
Similar |
Smog |
Excluded |
Same |
Nesting, infestation, or discharge of waste products by insects, birds, rodents or other animals |
Excluded. If it results in a specified cause of loss or breakage of building glass, coverage applies to the resulting loss or damage. |
Excludes birds, domestic animals, insects, raccoons, rodents, or vermin. Not limited to only nesting, infestation, or discharge. No exceptions. |
Mechanical breakdown |
Excluded. Does not apply to computer breakdown |
Similar but no exception |
Damage to personal property by humidity, temperatures, marring or scratching |
Excluded |
Similar but in two different exclusions |
Errors or omission |
Excluded |
No corresponding exclusion |
Installation, testing, repair |
Excluded |
No corresponding exclusion |
Electrical disturbance |
Excluded |
No corresponding exclusion |
Continuous or repeated seepage or leakage of water |
Excluded |
Similar. Does not state the duration of the seepage in order to be excluded |
Intentional loss |
No corresponding provision |
No coverage except for reasonable force to protect property or persons |
Weather conditions |
Excluded. If it results in a covered cause of loss, coverage applies to the loss or damage it causes. |
Same |
Acts or decisions |
Excluded. If it results in a covered cause of loss, coverage applies to the damage it causes. |
No corresponding exclusion |
Negligent work |
Excluded. If it results in a covered cause of loss, coverage applies to the damage it causes. |
Similar |
Computer virus or computer hacking |
No corresponding exclusion |
Excluded |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Settling, cracking, shrinking, bulging, or expanding |
Excluded as part of the collapse coverage form |
Excluded |
Additional Exclusion
|
|
|
Loss or damage to products |
Excluded |
No corresponding exclusion |
Business Income And
Extra Expense Exclusions |
|
|
Delay in resuming operations due to strikers or other persons |
Excluded |
Same |
Suspension, lapse, or cancellation of licenses, leases, or contracts |
Excluded with exceptions |
Same |
Any other consequential loss |
Excluded |
No corresponding exclusion |
Software |
No corresponding exclusion |
Limited to 30 days coverage for damaged software |
Accounts Receivable
Exclusions |
|
|
Altering, falsifying, concealing, or destroying to conceal wrongful acts |
Excluded |
No corresponding exclusion but excluded under intentional acts exclusion |
Bookkeeping, accounting, or billing errors or omissions |
Excluded |
Same |
Losses that require audits or inventories to prove they occurred |
Excluded |
Same |
Limits Of Insurance |
|
|
Per occurrence |
The limit of insurance on the declarations |
Similar statement on the declarations |
Outdoor signs attached to buildings |
$1,000 per sign |
Does not refer to signs attached to the building. Exterior signs are covered up to $2,500. |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Additional amounts of insurance |
Applies to all Coverage Extensions, Fire Department Service Charge, Pollutant Cleanup and Removal, Increased Cost of Construction, Business Income From Dependent Properties, Electronic Data, and Interruption of Computer Operations |
Applies to Accounts Receivable, Automatic Increase, Building Code/Law Coverage, Consequent Loss Coverage (Spoilage), Credit Card/Forgery/Counterfeit Money Coverage, Debris Removal, Electronic Data Coverage, Emergency Removal Coverages, Employee Dishonesty Coverage, Fire Expense Coverages, Loss of Income–Dependent Property, Loss of Income from Interruption of Computer Operations, Newly Acquired Property Coverages, Outdoor Signs and Satellite Dish Coverage, Pollution Clean Up Cost Coverage, and Valuable Papers and Records |
Building limit–automatic increase |
8% or the percentage on the declarations |
2% or the percentage on declarations |
Business personal property limit–seasonal increase |
25% or another percentage on the declarations if the business personal property limit is 100% of average annual amount |
10% increase. The increase is 30% when the business personal property limit is 100% of average annual amount. |
Deductibles |
|
|
Payment per occurrence |
The amount of loss that exceeds this deductible amount on the declarations |
Same |
Optional coverages |
The four optional coverages are subject to deductibles other than the policy deductible |
The coverages are not comparable. |
No deductible |
Fire Department Service Charge, Extra Expense, and Fire Extinguisher Systems Recharge Expense Business Income and Civil Authority have a 72-hour waiting period. |
Many Supplemental Coverages have lower deductibles. There is no waiting period. |
Property Loss
Conditions |
|
|
Abandonment |
Property cannot be abandoned to the insurance company |
Similar |
Appraisal |
If valuation is disputed, an appraisal must be requested in writing. Each party selects an appraiser. They then select an umpire. Disagreements are submitted to the umpire. There are no time limitations on making the selections. |
Similar. Appraisers must be selected within 30 days and the umpire within 15 days. |
Duties in the event of loss or damage |
Notify the police if a crime causes the loss. |
Same |
|
Promptly notify the insurance company and describe the affected property. |
Same |
|
Describe how, when, and where the loss or damage occurred. |
Similar |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Duties in the event of loss or damage cont. |
Protect property. The insurance company covers expenses to do so. |
Same |
|
Inventory and quantify damaged and undamaged property. |
Same |
|
Make damaged and undamaged property available for examination and allow samples to be taken. Produce records and allow the company to make copies as and when requested. |
Same |
|
Submit a detailed written proof of loss within 60 days after the insurance company requests it. |
Same |
|
Cooperate with the insurance company’s investigation and settlement. |
Same |
|
Resume all or part of operations promptly. |
Same |
|
Submit to the insurance company’s examination under oath as required. |
Same |
Legal action against us |
All policy terms must be met, and suit brought not later than two years after the date of loss. |
This information is on the state mandatory endorsement. |
Loss payment |
The company’s options are to pay the value of damaged property, the cost to repair or replace it, the cost to repair or rebuild with similar property, or to take the property at the agreed value. |
Same |
|
The company states its intentions within 30 days of receiving the proof of loss. |
Same |
|
The company pays only the named insured’s financial interest in the property. |
Same plus the mortgagee’s financial interest |
|
The company pays the lesser of the limit of insurance, the cost to replace on the same site with similar material for the same purpose, or the amount actually spent to repair or replace if the limit was at least 80% of the full replacement value of the property at the time of loss. |
Same but does not have the 80% requirement. |
|
If the limit does not meet the criteria above, the company pays the lesser of the limit of insurance, the property’s actual cash value, or the proportion equal to the ratio of the limit to 80% of the cost to repair or replace. |
Same. However, the declarations must state that the valuation is actual cash value. |
|
The named insured may settle on an actual cash value basis and claim replacement cost within 180 days afterwards. |
Same |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Loss payment cont. |
Losses are not paid on a replacement cost basis until the property is repaired or replaced and unless it is done as soon as reasonably possible. |
Same. However, it pays on a replacement cost basis if the value of the loss is less than the limit on the declarations. |
|
Costs to rebuild, repair, or replace do not include increased costs due to enforcing ordinances or laws. |
Same |
|
Actual cash value applies to used or second-hand merchandise, property of others (unless contractually obligated otherwise), household contents, manuscripts, and a variety of art, antiques, and rare articles. |
No corresponding provision |
|
Glass is valued at the cost to replace it with safety glazing material if required by law |
Same |
|
Tenant’s improvements are valued at the replacement cost or the remaining value based on a portion of the original cost and the remaining term of a lease. |
Same but valuation is Actual Cash Value or Replacement Cost based on entries on the declarations. |
|
Under Optional Coverages, money is valued based on its face value and securities on their value at the close of business the day the loss is discovered. |
Same |
|
Accounts receivable amounts that cannot be accurately established at the time of loss are determined by a formula. |
No corresponding provision |
|
Payment for loss or damage to property of others is only for the account of its owners. |
Similar |
|
The insurance company has the option to defend the named insured against suits by owners of property and does so at its own expense. |
Same but defense costs are part of the limits. |
|
The company pays within 30 days after it receives the proof of loss, the named insured complies with all terms, and the amount of loss is agreed to or determined by an appraisal award. |
Same |
|
Party walls are walls that separate and are common to adjoining buildings that different parties own. Loss adjustment that involves them is explained. |
No corresponding provision |
Recovered property |
Explains what both parties must do if property paid for in a settlement is subsequently recovered |
Similar |
Resumption of operations |
Business income and extra expense losses are reduced as operations can be resumed somewhat or completely. |
Similar |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Vacancy |
Property vacant over 60 days is not covered for loss due to vandalism, breakage of building glass, water damage, theft, attempted theft, or sprinkler leakage if the system was not protected against freezing. Loss payments for all other covered losses are reduced 15%. |
Coverage is suspended once the building is vacant or unoccupied more than 60 days. This means all coverage ends until the building becomes occupied. |
Property General
Conditions |
|
|
Control of property |
Coverage is not affected by acts or neglect of any person that the named insured does not control or direct. |
No corresponding provision |
Mortgageholders |
Standard mortgageholders provisions apply |
Same |
No benefit to bailee |
Insurance does not benefit any party that has custody of the property. |
Same |
Policy period, coverage territory |
The period is on the declarations. The territory is the United States of America, its territories and possessions, Puerto Rico, and Canada. |
Same |
Loss to parts |
No corresponding provision |
Covers the value of only the lost part, not the loss of value to the entire item |
Pair or set |
No corresponding provision |
Valued at the loss of value to the entire pair or set, not just the value of the lost part |
Increase in hazard |
No corresponding provision |
Coverage is suspended if any of the following occur:
|
Optional Coverages |
|
|
Outdoor signs |
Covers all outdoor signs at the described premises for purchased limits |
Covered under Part I B–Supplemental Coverages for at $2,500 limit. The limit can be increased. |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Money and securities |
Covers money and securities Covers inside a bank or owned premises Outside coverage applies anywhere and is not restricted Limit is on the declarations |
Standard coverage–Coverage D Same Same Limit is $5,000 on premises and $3,000 off premises. These limits can be increased. |
Employee dishonesty |
Available |
Covered under Part I B–Supplemental Coverage. The $5,000 limit can be increased. |
Equipment breakdown protection coverage |
Covers mechanical breakdown or electrical failure to pressure, mechanical, or electrical machinery or equipment. |
Provides Spoilage coverage due to mechanical breakdown for a $500 limit under Part I B–Supplemental Coverages. No other optional coverage provided. |
Outdoor (Exterior Building Glass Coverage) |
Covered as part of the standard policy. Additional coverage not needed. |
Optional coverage under Coverage A or Coverage B. |
Property Definitions
|
Located at the end of Property Coverage |
Located in Common Glossary–Parts I and II at the end of the policy |
Computer |
Programmable electronic equipment and associated peripheral equipment that stores, retrieves, and processes data. It does not include the kind used to operate production equipment and machinery. |
Not a defined term |
Counterfeit money |
Imitation of real money intended to deceive and to be taken as genuine |
Not a defined term |
Electronic data |
Information, facts, or computer programs used with computer software that is used with electronically controlled equipment |
Not a defined term |
Fungi |
Any type of fungus, mold, mildew, or their by-products |
Applies to both Parts I and II. Similar but also includes rot, decay organisms, and rust. Chemicals, mist, compounds, or vapor of fungi, its by-products, or its waste are also fungi. This definition does not include fungi intended for consumption. |
Manager |
A director of a limited liability company |
Not a defined term |
Member |
An owner of a limited liability company to the extent of its membership interest. Members may be managers |
Not a defined term |
Money |
Currency, coins, and bank notes with a face value in current use and travelers checks, register checks, and money orders available for sale to the public |
Similar. It also includes bearer bonds, bullion, lottery tickets, money orders, prepaid phone cards, registered checks, and stored value cards. |
Operations |
Business activities at described premises |
Not a defined term |
Period of restoration |
The time needed to resume normal business activities beginning 72 hours after direct loss |
Defined in Coverage C. There is no 72-hour waiting period. |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Pollutants |
Standard ISO definition |
Similar. Applies to Part I and Part II. |
Securities |
Instruments that represent money but are not |
Similar |
Specified causes of loss |
Fire, lightning, explosion, windstorm, hail, smoke, aircraft, vehicles, riot, civil commotion, vandalism, leakage from fire extinguishing devices, sinkhole collapse, volcanic action, falling objects, weight of snow, ice, or sleet, and water damage |
Not a defined term |
Stock |
Merchandise held for sale, raw materials, goods in process, and finished products. Also includes packing or shipping supplies |
Not a defined term |
Valuable papers and records |
Documents, manuscripts, and records |
Defined in Part I B–Supplemental Coverages. Same definition but also includes electronic or magnetic media. |
Rot and Decay Organisms |
Not a defined term |
Living organisms that assist property to decompose |
Actual Cash Value |
Not a defined term |
Listed items used to determine Actual Cash Value |
Automatic Sprinkler System |
Not a defined term |
The system, its parts, and other items the system supplies |
Burglary |
Not a defined term |
Taking items from inside the premises. Requires evidence of breaking in or out. |
Collapse |
Not a defined term but the exclusion describes it |
Similar |
Computer hacking |
Not a defined term |
Unauthorized intrusion into and/or disruption of a computer, web site, or computer network |
Computer virus |
Not a defined term |
An undesirable and destructive electronic code introduced into a computer or system intended to result in damage |
Dependent property |
Similar but defined in Additional Coverages–Business Income From Dependent Properties |
Contributing, recipient, leader, and manufacturing locations that others operate on which the insured depends |
Insured |
Not a defined term for property. Defined under Liability And Medical Expenses Definitions |
The entity or person on the declarations |
First Named Insured |
No corresponding provision |
The insured first listed on Declarations |
Fracking |
No corresponding provision |
Process of drilling and injecting various items into shale in order to release natural gas and oil. |
Unmanned Aerial Vehicle |
No corresponding provision |
Commonly called a drone. Aerial vehicle not carrying human and controlled remotely. |
Section II–Liability
Coverages |
|
|
Business Liability |
Covers bodily injury, property damage, or personal and advertising injury. Includes insurance company’s duty to defend suits that seek such damages |
Similar. Does not include Personal Injury/Advertising Injury coverage. It is provided in Part II B–Supplemental Coverages. |
Coverage
Extension–Supplementary Payments |
Covers payments the insurance company makes to investigate or defend claims. Does not reduce the limit of insurance |
Same |
Expenses the insurance company incurs |
Covered |
Same |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Costs of bail bonds |
Covered up to $250 |
No corresponding provision |
Cost of bonds to release attachments |
Covered |
Same |
Reasonable expenses the insured incurs to investigate or defend a claim or suit |
Covered. Includes insured's actual loss of earnings up to $250 per day |
Same |
Court costs taxed against insured in a suit |
Covered but excludes attorney’s fees or expenses taxed against the insured |
Same but no exception for attorney's fees |
Prejudgment interest awarded against the insured on the part of the judgment the company pays |
Covered |
Same |
Interest on the full amount of a judgment that accrues before it is entered, up to the limit |
Covered |
Same |
Indemnitees of the insured named in a suit for defense coverage |
Covered |
No corresponding provision |
Medical Expenses |
|
|
The insurance company pays reasonable medical costs of others injured on the premises or because of operations. Must be incurred and reported within 1 year. Injured party must submit to examinations |
Covered |
Same but the time period is three years |
Business Liability
Coverage Exclusions |
|
|
Expected or intended injury |
Excluded |
Similar. No exception for bodily injury to protect persons or property. |
Contractual Liability |
Excluded |
Same |
Liquor liability – for those in the business of selling, giving, manufacturing, etc., of alcoholic beverages |
Excluded Negligent supervision and training is excluded. Negligent transportation of intoxicated person excluded Coverage when liquor brought on premises by another. |
Same but not limited to those in the business
|
Workers compensation and similar laws |
Excluded |
Same |
Employer's liability |
Excluded |
Same |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 10 |
Pollution |
Excluded |
Similar. The only exception is for hostile fire at the premises. |
Aircraft, auto, or watercraft |
Excluded |
Similar considering Part II B–Supplemental Coverages 6. Incidental Automobile Coverage and 10. Incidental Watercraft Coverage. The wording that states that supervision, hiring, etc., is not covered is not part of this exclusion. |
Mobile equipment |
Excluded |
Similar |
War |
Excluded |
Excluded under Common Exclusions |
Professional services |
Excluded and lists a number of service examples. Also excludes supervising professional services |
Similar. Does not list specific professions or address supervising activities |
Damage to property |
Excludes property damage to certain types of property, subject to specific exceptions |
Similar |
Damage to your product |
Excluded |
Similar |
Damage to your work |
Excluded |
Same |
Damage to impaired property or property not physically injured |
Excluded |
Same |
Recall of products, work or impaired property |
Excluded |
Same |
Personal and advertising injury exclusions |
Exclusions are part of the Liability Exclusions |
Exclusions are part of Part II B–Supplemental Coverages 11. Personal Injury/Advertising Injury Coverages |
|
Excludes intentional violations of rights |
Same |
|
Excludes publishing information known to be false |
Same |
|
Excludes publishing first done prior to the policy period |
Same |
|
Excludes contractual liability |
Same |
|
Excludes most breaches of contract under Advertising Injury |
Same |
|
Excludes guarantees of quality under Advertising Injury |
Same |
|
Excludes incorrect pricing in advertising under Advertising Injury |
Same |
|
Excludes all acts insureds in advertising, broadcasting, publishing, telecasting, web-site design, or Internet businesses commit |
Same |
|
Excludes pollution |
No corresponding exclusion |
|
Excludes any expenses to treat pollutants |
Excluded in Liability Exclusions |
|
Excludes electronic chatrooms or bulletin boards the insured hosts, owns, or controls |
Same and also social media and blockchain |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
|
|
Excludes infringing on copyright, patent, trademark, trade secret, or other intellectual property rights except for certain types of advertisements |
No corresponding exclusion |
|
|
Excludes unauthorized use of another’s name or product in the named insured’s e-mail address, domain name, or metatag to mislead potential customers of others |
Same |
|
|
No corresponding exclusion |
Injury to the named insured or its members or partners |
|
Electronic Data |
Excluded for property damage only |
No corresponding exclusion |
|
Criminal Acts |
Excluded |
Excluded in Common Exclusions |
|
Recording or distributing information in violation of law |
Excluded |
Excluded in Common Exclusions |
|
Employment-related exclusions |
Requires attaching a separate endorsement |
Excluded |
|
Fungi and mold related |
Requires attaching a separate endorsement |
Excluded |
|
Silica Exclusion |
Requires attaching a separate endorsement |
Excluded |
|
Virus Contamination |
Requires attaching a separate endorsement |
Excluded |
|
Confiscation or seizure under various types of regulations |
No corresponding exclusion |
Excluded in Common Exclusions |
|
Earthquake |
No corresponding exclusion |
Excluded in Common Exclusions |
|
Data Breach |
No corresponding provision |
Excluded |
|
Data Aggression |
No corresponding provision |
Excluded |
|
Medical Expenses
Exclusions |
|
|
|
|
Excludes any insured except volunteer workers |
Same but does not address volunteer workers because they are not defined as insureds |
|
|
Excludes persons hired to work for or on behalf of any insured or its tenant |
Same |
|
|
Excludes persons injured on owned or rented premises that they normally occupy |
Same |
|
|
Excludes injuries that workers compensation, disability benefits, or similar laws cover |
Same |
|
|
Excludes injuries during physical exercises, games, sports, or athletic contests |
Similar but applies to only athletic activities |
|
|
Excludes injuries included in the products-completed operations hazard |
Same |
|
|
Excludes injury or damage excluded under Business Liability Coverage |
Same |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
|
|
No corresponding exclusion |
Medical services provided by insured under Part II B–Supplemental Coverages 8. Incidental Medical/ Professional Liability |
|
Nuclear Energy
Liability Exclusion |
|
|
|
Exclusion |
Excluded |
Same. Excluded in Common Exclusions |
|
Nuclear energy liability exclusion definitions |
Defined |
Same. Defined in Common Exclusions |
|
Who Is An Insured |
|
Defined in Common Definitions |
|
|
Individuals |
Same |
|
|
Partnerships or joint ventures |
Same |
|
|
Limited liability companies |
Same |
|
|
Other organizations |
Same |
|
|
Trusts |
No corresponding provision |
|
|
Volunteers and employees |
Volunteers are not insureds |
|
|
Real estate managers |
Same |
|
|
After the insured dies |
Same. Common Conditions–Parts I and II 2. Assignment of Your Interest |
|
|
Persons or organizations not listed are not insureds |
Same |
|
Liability And
Medical Expenses Limits Of Insurance |
|
|
|
Limits on the declarations |
The most paid and not affected by number of insureds, injuries, suits or claims |
Same |
|
Bodily injury, property damage, personal and advertising injury, and medical expenses limits |
The most paid for the total of all damages in a single occurrence or that any one person or organization sustains in single offense. The most paid for medical expenses by one person is the medical expenses limit. |
Similar. Personal injury/advertising injury is a separate limit. |
|
Damage to premises rented to you |
The most paid when caused by fire to rented premises. No default limit |
Similar. The $50,000 default limit can be increased. |
|
Aggregate limits |
Products-completed operations hazard aggregate is two times the liability and medical expenses limit |
Products-completed operations hazard aggregate is equal to the liability occurrence limit. |
|
|
General aggregate limit is two times the liability and medical expenses limit. |
General aggregate limit must be entered on the declarations. |
|
Application of the aggregate limit |
Applies to 12-month period with exceptions |
Same |
|
Liability And
Medical Expenses General Conditions |
|
|
|
Bankruptcy |
The insurance company's obligations are not affected by bankruptcy or insolvency of the insured or its estate |
Same but does not refer to the insured's estate |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
|
Duties in the event of occurrence, offense, claim, or suit |
|
|
|
|
Notify the insurance company |
Similar |
|
|
Record and notify the company |
Similar |
|
|
Cooperate with the company |
Similar |
|
|
Do not make payments on the company’s behalf |
Similar |
|
Legal action against us |
The insurance company is not a party to any suit. The insured can sue only within a designated time frame and after it meets conditions. |
Similar |
|
Separation of insureds |
Coverage applies separately to each insured named in a claim or suit, but this does not affect the total policy limits. |
Same |
|
Liability And
Medical Expenses Definitions |
|
|
|
Advertisement |
Defined |
Not a defined term |
|
Auto |
Defined |
Same |
|
Bodily injury |
Defined |
Same but adds that an occurrence must cause it |
|
Coverage territory |
Defined |
Similar but does not extend worldwide coverage for personal injury and advertising injury via the Internet |
|
Employee |
Defined |
Same but states that independent contractors are not employees |
|
Executive officer |
Defined |
Same |
|
Hostile fire |
Defined |
Not a defined term |
|
Impaired property |
Defined |
Same |
|
Insured contract |
Defined |
Similar to Part II B–Supplemental Coverages 2. Contractual Coverage |
|
Leased worker |
Defined |
Same |
|
Loading or unloading |
Defined |
Same |
|
Mobile equipment |
Defined |
Same |
|
Occurrence |
Defined |
Similar |
|
Personal and advertising injury |
Defined |
Similar but definition is in Part II B–Supplemental Coverages 11. Personal Injury/Advertising Injury Coverages |
|
Pollutants |
Defined |
Similar. Applies to both Parts I and II. |
|
Products-completed operations hazard |
Defined |
Similar but products on premises are covered unless endorsed to not cover them |
|
Property damage |
Defined |
Same but an occurrence must cause it |
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
|
Suit |
Defined |
Similar but wording is in Part II B–Supplemental Coverages 1. Defense Coverage |
|
Temporary worker |
Defined |
Same |
|
Volunteer worker |
Defined |
Not a defined term |
|
Your product |
Defined |
Similar but does not include real property |
|
Your work |
Defined |
Same |
|
Your premises |
Not a defined term |
Premises the named insured occupies, owns, or rents as well as premises the named insured abandoned, sold, or transferred |
|
First Named Insured |
No corresponding provision |
The insured first listed on Declarations |
|
Fracking |
No corresponding provision |
Process of drilling and injecting various items into shale in order to release natural gas and oil. |
|
Unmanned Aerial Vehicle |
No corresponding provision |
Commonly called a drone. Aerial vehicle not carrying human and controlled remotely. |
|
Data Breach |
No corresponding provision |
Various types of release or observation of confidential or privileged information |
|
Electronic Aggression |
No corresponding provision |
Harassment in a variety of electronic methods |
|
Section III–Common
Policy Conditions (Applicable To Section I–Property And Section II–Liability)
|
|
|
|
Cancellation |
By the named insured at any time Cancellation by named insured may be other than pro rata No required time stated to return premium Insurance company can cancel as follows:
|
Return premium due to first named insured within 30 days. All cancellations are pro rata, but minimum premium earned may apply Cancellation by the insurance company refers to the state-specific amendatory endorsement |
|
Changes |
Must be made part of the coverage form |
Same |
|
Concealment, misrepresentation, or fraud |
Voids coverage |
Similar but the insurance company can void coverage only with respect to a specific insured instead of voiding the entire policy |
|
Examination of your books and records |
Required |
Same |
|
Inspections and surveys |
Permitted |
Same. Part II states that the renewal policy does not cover new entities or premises unless they were new within 60 days of the renewal date. |
|
Insurance under two or more coverages |
Does not pay more than the amount of loss or damage sustained |
Same |
|
Liberalization |
Applies for changes during the policy period and 45 days prior to policy issuance |
Same |
|
Other insurance–Property |
Excess if there is other insurance |
Same if provisions are not identical to this policy. Proportional sharing if provisions are identical |
|
Other Insured–Liability |
Primary for liability
except when first party coverage applies or when the insured has additional
insured status on another policy. |
Similar |
|
Section |
ISO BP 00 03 07 13 |
MSO BU 04 01 01 19 |
Premium audit |
Permitted |
Similar when combined with Common Conditions–Parts I and II 7.
Examination / Changes |
Transfer of rights of recovery against others to us |
Property: Can waive before a loss occurs. Can waive after a loss occurs for tenants, another insured, a business the named insured owns or controls, or a business that owns or controls the named insured Liability: Waivers are not permitted. |
Does not distinguish between property and liability. Matches the ISO property condition except for waivers after a loss with respect to tenants. |
Transfer of your rights and duties under this policy |
Not permitted |
Same |
Conformity with statute |
No corresponding provision |
Policy is amended to meet statutory requirements. |