Compare: ISO BP 00 03 01 10 To MSO BU 04 01 01 10

COMPARE: ISO BP 00 03 07 13 TO MSO BU 04 01 01 10

(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:

  • The premises’ use changes
  • The change requires a rate increase
  • Underwriting mandated conditions change
  • The risk’s physical conditions change
  • Protective safeguards change
  • Circumstances that affect the risk’s acceptability change

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:

  • 5-day notice for vacant, damaged, or unsafe property
  • 10-day notice for non-payment
  • 30-day notice all other reasons

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.