Key Takeaways
- Commercial property policies protect business buildings, contents, and business income
- Business income coverage pays for lost profits and continuing expenses during suspension
- Coinsurance clauses (typically 80%, 90%, or 100%) require adequate coverage to avoid penalties
- New Hampshire businesses face unique exposures: winter weather, seasonal tourism, manufacturing risks
- Valuation methods include replacement cost, actual cash value, and agreed value
New Hampshire Commercial Property Insurance
Commercial property insurance protects New Hampshire businesses from financial losses due to property damage, business interruption, and related perils.
Commercial Property Coverage Forms
Building and Personal Property Coverage Form (BPP)
The most common commercial property form covers:
| Coverage Type | What's Insured |
|---|---|
| Building | Owned structures, permanently installed fixtures, additions |
| Business Personal Property | Inventory, furniture, equipment, improvements |
| Personal Property of Others | Customer property in your care, custody, or control |
Coverage Territory
Typically covers property:
- At described premises (scheduled locations)
- In transit (with appropriate coverage)
- Temporarily at other locations (limited)
- Newly acquired locations (limited period)
Building Coverage
What's Covered
Building Coverage Includes:
- Structure itself (walls, roof, floors)
- Permanently installed fixtures
- Machinery and equipment servicing building
- Additions and extensions
- Attached structures
- Permanently installed floor coverings
- Building equipment and systems (HVAC, plumbing, electrical)
Also Covered (within building coverage):
- Outdoor fixtures (signs, antennas, satellite dishes)
- Personal property used to service building
- Personal property in apartments furnished by landlord
- Floor coverings permanently installed
- Appliances for refrigerating, ventilating, cooking, etc.
What's Excluded
Not Covered by Building:
- Land, water, growing crops
- Contents of building (need BPP coverage)
- Tenant improvements (need tenant's BPP coverage)
- Vehicles licensed for road use
- Property separately described and rated
- Electronic data (need separate coverage)
Business Personal Property (BPP) Coverage
Covered Property
Your BPP Includes:
- Furniture and fixtures not permanently installed
- Machinery and equipment not part of building
- Stock and inventory
- Materials, supplies, and packaging
- All other personal property you own
BPP of Others You May Be Liable For:
- Customer property for service/repair
- Consigned goods
- Leased equipment (if lease requires)
Tenant Improvements and Betterments:
- Alterations, fixtures, improvements made by tenant
- Acquired or made at tenant's expense
- Cannot legally remove at lease end
Valuation Methods
| Method | How It Works | Best For |
|---|---|---|
| Replacement Cost | Cost to replace with new property of similar type | Most business property |
| Actual Cash Value | Replacement cost minus depreciation | Older property, vehicles |
| Agreed Value | Pre-agreed amount (no coinsurance) | Difficult-to-value property |
| Functional Value | Cost to replace with functionally equivalent | Obsolete equipment |
| Selling Price | Price business would sell for | Stock sold but not delivered |
Special Limits of Insurance
Sub-limits apply to certain property:
| Property Type | Standard Limit |
|---|---|
| Money and securities | $2,500 per occurrence |
| Valuable papers and records | $2,500 per occurrence (cost to research/replace) |
| Accounts receivable | $2,500 per occurrence |
| Patterns, dies, molds | $2,500 per occurrence |
| Electronic data | $2,500 per occurrence |
Solution: Purchase higher limits or separate coverage for property exceeding sublimits.
Exam Tip: Electronic data (software, digital records) has a $2,500 sublimit in standard commercial property policies. Modern businesses need separate cyber or electronic data coverage.
Business Income (BI) Coverage
What Business Income Covers
Coverage Includes:
- Net Income - Profit that would have been earned
- Continuing Operating Expenses - Expenses that continue:
- Payroll (with payroll endorsement)
- Rent/mortgage payments
- Utilities
- Loan payments
- Other normal expenses
Formula:
Coverage Trigger
Business income coverage applies when:
- Direct physical loss to property
- Caused by covered peril
- At described premises
- Suspends operations (partial or total)
Period of Restoration:
- Begins 72 hours after loss (waiting period)
- Continues until property repaired/replaced
- Ends when business could reopen with reasonable speed
- Does NOT require actual reopening
Extended Period of Indemnity
Standard Extension: Coverage continues for limited time after property restored
Purpose: Allow time to:
- Rebuild customer base
- Restore normal business volume
- Overcome competitive disadvantage
- Return to pre-loss income levels
Typical Extension: 30 days after restoration (can purchase longer)
Extra Expense Coverage
Covers costs to:
- Continue operations after loss
- Minimize suspension of business
- Avoid permanent loss of customers
Examples:
- Temporary location rent
- Equipment rental
- Expedited delivery of materials
- Overtime to restore operations
- Temporary staff or contractors
Difference from Business Income:
- BI covers LOST income
- Extra expense covers EXTRA costs to continue
Exam Tip: Business income covers profit and continuing expenses during suspension. Extra expense covers additional costs to continue operating or minimize suspension. Both are essential for business continuity.
Coinsurance in Commercial Property
Coinsurance Requirement
Purpose: Encourages adequate insurance limits
How It Works:
- Policyholder agrees to insure to specified percentage (80%, 90%, 100%)
- If under-insured, becomes co-insurer
- Penalized on ALL losses, not just total losses
Coinsurance Formula
Where:
- Insurance Required = Property Value × Coinsurance Percentage
Coinsurance Examples
Example 1: Adequate Insurance (No Penalty)
- Property value: $1,000,000
- Coinsurance requirement: 80%
- Insurance required: $1,000,000 × 80% = $800,000
- Insurance carried: $900,000 ✓ (exceeds requirement)
- Loss: $200,000
- Deductible: $5,000
Payment: $200,000 - $5,000 = $195,000 (full loss paid)
Example 2: Under-Insurance (Penalty Applied)
- Property value: $1,000,000
- Coinsurance requirement: 80%
- Insurance required: $800,000
- Insurance carried: $600,000 (only 60% of value—UNDER-INSURED)
- Loss: $200,000
- Deductible: $5,000
Payment Calculation: \text{Payment} = \frac{$600{,}000}{$800{,}000} \times $200{,}000 - $5{,}000 = 0.75 \times $200{,}000 - $5{,}000 = $150{,}000 - $5{,}000 = $145{,}000
Result: Insured receives only $145,000 instead of $195,000—a penalty of $50,000 for under-insurance.
Example 3: Maximum Penalty (Policy Limit)
- Same facts as Example 2
- Loss: $800,000 (larger loss)
Payment Calculation: \frac{$600{,}000}{$800{,}000} \times $800{,}000 = $600{,}000
Result: Maximum payment is policy limit ($600,000) minus deductible, even though calculated amount would be higher.
Exam Tip: Coinsurance penalties apply to ALL losses when property is under-insured, not just total losses. Carrying 75% of required coverage means receiving only 75% of any loss amount (up to policy limit).
Agreed Value Option
Solution to Coinsurance Penalty:
How Agreed Value Works:
- Insurer and insured agree on property value
- Insurer waives coinsurance requirement
- Insured pays premium based on agreed value
- No coinsurance penalty as long as insurance equals agreed value
Requirements:
- Statement of values submitted annually
- Property revalued periodically
- Insurance maintained at agreed amount
Benefits:
- Eliminates coinsurance penalty
- Provides valuation certainty
- Simplifies claims settlement
- Protects against appreciation
Causes of Loss Forms
Basic Form
Covers these named perils only:
| Peril | Coverage |
|---|---|
| Fire | Direct fire damage |
| Lightning | Strike damage |
| Explosion | Including steam boiler |
| Windstorm or Hail | Direct wind/hail damage |
| Smoke | Sudden and accidental |
| Aircraft or Vehicles | Impact by aircraft or vehicles |
| Riot or Civil Commotion | Riot damage |
| Vandalism | Malicious mischief |
| Sprinkler Leakage | Accidental discharge |
| Sinkhole Collapse | Sudden sinkhole |
| Volcanic Action | Direct volcanic damage |
Broad Form
Includes all Basic Form perils PLUS:
| Additional Peril | Coverage |
|---|---|
| Falling Objects | Damage from objects striking exterior |
| Weight of Snow, Ice, Sleet | Roof collapse from weight |
| Water Damage | Accidental discharge from plumbing, HVAC, appliances |
Also adds coverage for:
- Collapse (from specified causes)
- Breakage of glass (building glass)
- Increased replacement cost coverage options
Special Form (All-Risk)
Most Comprehensive:
- Covers ALL risks of direct physical loss
- EXCEPT those specifically excluded
- Most popular for commercial property
- Broader than Basic or Broad
Exclusions:
- Ordinance or law
- Earth movement (earthquake)
- Government action
- Nuclear hazard
- Utility services (off-premises)
- War and military action
- Water (flood, surface water, sewer backup)
- Fungus, mold, bacteria
- Acts or decisions (delay, loss of market)
- Faulty workmanship
- Wear and tear, deterioration
Exam Tip: Special form is "all-risk" (covers everything not excluded). Basic and Broad forms are "named peril" (cover only listed perils). Special form is broadest but costs more.
New Hampshire Commercial Property Exposures
Winter Weather Risks
New Hampshire businesses face significant winter exposures:
| Exposure | Risk | Coverage Considerations |
|---|---|---|
| Roof Collapse | Heavy snow/ice accumulation | Covered under weight of snow/ice peril |
| Frozen Pipes | Pipes freeze and burst | Covered if heat maintained |
| Ice Dams | Water intrusion from ice dams | Covered (resultant damage) |
| Power Outage | Prolonged winter outages | Excluded unless caused by covered peril on premises |
| Spoilage | Refrigeration loss | Need spoilage endorsement |
Seasonal Business Risks
Tourism-Dependent Businesses:
- Ski resorts and lodges
- Coastal businesses (summer season)
- Leaf-peeping attractions (fall)
- Holiday retail operations
Business Income Concerns:
- Loss during peak season catastrophic
- Shorter recovery window
- Need adequate BI limits for peak revenue
- Consider seasonal endorsements
Manufacturing and Industrial Risks
New Hampshire's Industrial Base:
- Manufacturing (aerospace, medical devices)
- High-tech/electronics
- Wood products
- Food processing
Special Considerations:
- Equipment breakdown coverage essential
- Supplier contingent business income
- Inland marine for goods in transit
- Pollution liability considerations
Additional Coverages and Extensions
Ordinance or Law Coverage
Problem: Building codes change—rebuilding to current code costs more
Coverage Provides:
- Cost to demolish undamaged portion if required by law
- Increased cost to rebuild to current code
- Loss of undamaged portion if must be demolished
Without This Coverage: Only pay to rebuild to pre-loss condition (may be illegal)
Equipment Breakdown Coverage
Covers mechanical/electrical breakdown:
- Boilers, HVAC systems
- Production equipment
- Computer equipment
- Refrigeration units
- Electrical systems
Benefits:
- Business income loss from breakdown
- Repair/replacement costs
- Expediting expenses
- No deductible on BI portion
Exclusions:
- Fire (covered by property policy)
- Wear and tear
- Lack of maintenance
- Cosmetic damage
Accounts Receivable Coverage
Protects against:
- Loss of records due to covered peril
- Inability to collect outstanding accounts
- Cost to re-create records
- Collection expenses
Essential For:
- Businesses with significant A/R
- Those without electronic backup
- Medical offices, service businesses
- Credit-extending operations
Valuable Papers and Records
Covers cost to:
- Research and reconstruct records
- Replace blueprints, drawings
- Recreate manuscripts, film
- Restore electronic data
Standard Sublimit: $2,500 Increased Limits: Available up to hundreds of thousands
Exam Tip: Standard commercial property policies have $2,500 sublimits for money, valuable papers, accounts receivable, and electronic data. Modern businesses need much higher limits through endorsements or separate policies.
Claims Settlement
Loss Payment Process
Steps:
- Report Loss Promptly - Notify insurer immediately
- Protect Property - Prevent further damage
- Document Loss - Photos, videos, inventory
- Meet with Adjuster - Provide access and documentation
- Submit Proof of Loss - Within 60 days (typically)
- Receive Payment - Within policy timeframes
Duties After Loss
Policyholder Must:
- Give prompt notice to insurer/agent
- Protect property from further damage
- Cooperate with insurer investigation
- Prepare inventory of damaged property
- Submit sworn proof of loss
- Allow property inspection
- Submit to examination under oath if requested
- Provide books and records
Failure to Comply: May jeopardize claim payment
Appraisal Provision
If Parties Disagree on Value:
- Each party selects competent appraiser
- Appraisers select neutral umpire
- Appraisers state loss amount separately
- If appraisers disagree, umpire decides
- Agreement by any two binds both parties
Cost: Each party pays their appraiser; split umpire cost
Scope: Determines VALUE only (not coverage)
Exam Tip: The appraisal provision resolves VALUATION disputes only—not coverage disputes. If insurer says loss isn't covered, appraisal doesn't apply; legal action may be needed.
What does business income coverage pay for?
A business has $500,000 in property value, 80% coinsurance, carries $300,000 insurance, and suffers a $100,000 loss. How much will the insurer pay (before deductible)?
Which commercial property form provides the broadest coverage?