Contractual and Other Liabilities – Setnor Byer Insurance & Risk

A Contract’s Fine Print: Find the Devil in the Details

Contracts are an essential part of doing business. Regardless of size or industry, contracts with customers, vendors, suppliers, service providers or independent contractors are an important part of a business’s operations. While good contracts can help manage risk and maintain good working relationships, bad contracts can be incredibly harmful. This is why every business must proceed cautiously when negotiating and signing contracts.

Ideally, an attorney will be consulted when negotiating or signing contracts. The reality, however, is that many businesses handle their own contracts. Though it may be easy for some to identify and understand a contract’s main provisions, like cost, volume, part numbers, etc., the devil is in the details, which, in the case of contracts, is the fine print.

Every provision in a contract has a purpose, including those found in the fine print. Despite being underemphasized, they are often important when defining a contractual relationship, particularly when things go wrong. The following provisions, for example, are not only commonly used, but commonly overlooked.

Forum (Jurisdiction) Selection: A contract may require that any lawsuits involving the contract be filed in a specific forum or jurisdiction (county, state, country). This may not be a problem if a business is located in the jurisdiction specified in the contract. However, it may be a huge problem if, for example, a Florida business is required to file a lawsuit in Alaska. Despite having the legal right to enforce the contract, the increased complexity and cost of filing a lawsuit in another jurisdiction makes it practically impossible for many businesses to do so, particularly when relatively small amounts of money are involved.

Choice of Law: Similar to a forum selection clause, a choice of law provision specifies which state’s law will be used to interpret and enforce the contract. These clauses can be significant because laws may vary from state to state. For example, one state may have more favorable consumer protection laws, while another makes it more difficult to recover damages. It is important to know if and how a choice of law provision may affect any contractual rights or remedies.

Integration (Merger) Clause: Contracts typically contain a provision stating that the contract represents the full and final agreement and supersedes any other agreements, oral or written. With an integration clause, any verbal or written conversations, brochures, promises, representations or statements that are not included in the contract are not part of the contract. This may become an issue when a business is not receiving what the salesperson promised before signing the contract. Expectations, obligations and requirements must be included in the contract to be enforceable under the contract.

Assignment: A contract may allow one or both parties to assign their rights, duties or obligations to a third party. This can create a problem if there is an expectation that a specific person or company will be performing under the contract. If, for example, a business wants only a specific vendor to do a job, the contract must state that the vendor cannot assign its obligations under the contract to someone else. Otherwise, a business may find that the person they contracted with isn’t the person they end up working with.

Evergreen Clause: Contracts are typically entered into for a specific period of time (term). A contract with an evergreen clause will automatically renew for a new term unless notice of termination is given by either party, usually within a specific period of time. For example, a one year contract will automatically renew for another year unless written notice of termination is given at least 60 days before the end of the yearly term. Businesses that fail to discover and comply with an evergreen clause may be stuck in a contract they no longer need or want.

Dispute Resolution: Contracts may require that disputes be resolved through arbitration rather than by filing a lawsuit. Depending on the nature of the contract, this requirement can significantly affect the resolution of disputes and the apportionment of damages.

Indemnification Clause: Indemnification clauses are used to allocate risk and responsibility among the parties to a contract by requiring one party to compensate the other for specific liabilities or losses arising out of the contract. Since these clauses commonly require a party to assume liability that would not otherwise exist, they must be reviewed carefully and understood completely. Indemnification clauses often end up being the most significant provision in a contract when something goes wrong.

Insurance Requirements: Many contracts include specific insurance requirements. For example, a contract may require a party to have general liability or workers’ compensation insurance, or it may require that one party be given Additional Insured status under the other party’s insurance policies. Contracts often require proof of insurance before work can begin or payment is made. It is important to identify and comply with any contractual insurance requirements.

Despite the benefits of using an attorney to negotiate and review contracts, particularly complex or high-value contracts, many businesses take a do-it-yourself approach. Nevertheless, given the increased risk of harm caused by bad contracts, businesses should never sign a contract without reading and understanding every provision, including those in fine print.

If you have any questions or would like to discuss how Setnor Byer Insurance & Risk can help identify and protect against various business risks, please contact us.

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Summary Plan Descriptions under ERISA

The Employee Retirement Income Security Act (ERISA) is a federal law that sets minimum standards for most voluntarily established employee pension and welfare plans in the private sector. To protect individuals in these plans, ERISA requires plan administrators, which are oftentimes the employers, to provide plan participants and their beneficiaries with a Summary Plan Description (SPD).

SPDs are used to give plan participants and beneficiaries important information about pension plans, like 401(k) and profit sharing plans, and welfare plans, like group health, disability and pre-paid legal plans. SPDs provide information about the plan, what benefits are available under the plan, the rights of participants and beneficiaries under the plan, and how the plan works.

SPDs must generally be given to each plan participant and each beneficiary receiving benefits under the plan within 90 days after first becoming covered by the plan. Under ERISA, SPDs must generally:

Identify the plan name, plan number and employer identification number (EIN)
Describe the type of plan (ex. 401(k), profit sharing, group health, disability)
Describe the type of plan administration
Provide contact information for the plan administrator and service of process
Describe the plan’s eligibility requirements
Describe circumstances which may result in disqualification, ineligibility, denial, loss, forfeiture, suspension or reduction of benefits
State the date of the plan’s fiscal year
Describe the procedures governing claims for benefits, applicable time limits and remedies if claims are denied
Describe provisions governing termination of the plan
A statement of rights available to plan participants under ERISA

SPDs for employee pension plans must include additional information, such as:

The plan’s normal retirement age
A description of benefits, eligibility, vesting and accrual
A statement about whether the plan is covered by termination insurance from the Pension Benefit Guaranty Corporation
Source of contributions to the plan and the methods used to calculate contributions amounts

Similarly, SPDs for employee welfare plans must also include additional information, such as information about:

Cost-sharing provisions, including costs of premiums, deductibles, coinsurance and copayment requirements
Annual or lifetime caps or limits on benefits
Coverage for preventive services
Coverage for drugs, medical tests, devices and procedures
The use of network providers, the composition of provider networks and whether, and under what circumstances, coverage is provided for out-of-network services
Conditions or limits on the selection of primary care providers or providers of specialty medical care
Conditions or limits applicable to obtaining emergency medical care
Preauthorization requirements or utilization review as a condition to obtaining a benefit or service

Since comprehension is the key, SPDs must follow strict style and formatting requirements. For example:

SPDs must be written in a manner calculated to be understood by the average plan participant
SPDs must be sufficiently comprehensive to apprise the plan’s participants and beneficiaries of their rights and obligations under the plan
SPDs must not be formatted in a way that misleads, misinforms or fails to inform participants and beneficiaries
Advantages and disadvantages of the plan must be presented without either exaggerating the benefits or minimizing the limitations
Exceptions, limitations, reductions, and restrictions of plan benefits cannot be minimized, rendered obscure or otherwise made to appear unimportant (style, caption, printing type and prominence must be the same as that used to describe plan benefits)

In fulfilling these requirements, plan administrators must consider the level of comprehension and education of typical participants in the plan and the complexity of the terms of the plan. In most cases, this will usually require limiting or eliminating technical jargon and long, complex sentences, and using clarifying examples, illustrations, clear cross references and a table of contents.

Unlike the general descriptions provided in this article, the SPD requirements are highly technical and very specific. To avoid violations, employers must confirm strict compliance with ERISA’s SPD requirement. If you have questions about your employee welfare plans, or if you would like to see how Setnor Byer Insurance & Risk can help, contact us.

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Loss of Business Income Caused by Civil Authority Action

Public safety concerns may prompt civil authorities to take action to protect people and property. For example, a governor can issue a mandatory hurricane evacuation, a mayor can close roads during inclement weather, the police can enforce curfews during riots, or a fire department can restrict access to a neighborhood during a gas leak. Though these actions may be good for public safety, they may be bad for business.

In some cases, a Business Interruption policy’s Civil Authority coverage may offset income losses suffered during a civil authority action. Business Interruption, also known as Business Income, is a type of commercial insurance that protects against loss of income when a covered loss causes a business to reduce or suspend its operations. Civil Authority coverage is an additional protection that may be included in a Business Interruption policy.

A typical Civil Authority clause states: We will pay for the actual loss of Business Income you sustain and necessary Extra Expense caused by action of civil authority that prohibits access to the described premises due to direct physical loss of or damage to property, other than at the described premises, caused by or resulting from any Covered Cause of Loss.

Under this framework, the Civil Authority provision will not provide coverage unless all four of the following conditions are met.

The loss of business income must be caused by the civil authority action. There must be a direct relation between a civil authority action and a loss of income.
The civil authority action must prohibit access to the insured business. Courts have held that access must be completely prohibited in order to satisfy this requirement. A civil authority action that makes travel to an insured’s business difficult or inconvenient is not enough to trigger Civil Authority coverage.
The civil authority action must be caused by direct physical loss of or damage to property away from the insured’s premises. Unlike Business Interruption coverage, which requires loss or damage to the insured’s property, Civil Authority coverage requires loss or damage to property somewhere else. For example, an explosion at a nearby warehouse causes the fire department to shut down the area surrounding an insured business for two weeks.
It’s worth noting that claims for Civil Authority coverage often fail to meet this requirement because the decision to take civil authority action is not caused by direct property damage, but by the desire to prevent it. Courts have denied coverage for losses caused by civil authority actions that were designed to prevent future damage rather than address existing property damage, such as pre-hurricane evacuation orders and curfews imposed to prevent looting and rioting. According to one court, Civil Authority coverage is designed to address situations involving civil authority action that is taken after damage occurs.
The loss or damage to property away from the insured’s premises must be caused by or result from a loss that is covered under the insured’s policy. A business without hurricane insurance, for example, would not be covered if a civil authority action was caused by hurricane wind damage.

Though many aspects of Civil Authority coverage are relatively standard, there are some variations among insurers and policy forms. For example, some policies provide that coverage will not begin until 24 hours after the civil authority action was taken, and others require 72 hours. The duration of Civil Authority coverage may also be different.

Given the complexity of Civil Authority coverage under a Business Interruption policy, an experienced and reputable insurance agent should be consulted to help identify needs and evaluate options.

If you have any questions or would like to speak with one of our Risk Management Professionals, please contact us.

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Is a Resident Manager Ideal for Your Self Storage Facility?

Resident managers are not as common as they used to be in the self storage industry. For some self storage facilities, however, a manager living on the premises may be the key to running a successful operation. Though cost is an important factor when deciding whether a self storage facility could benefit from a resident manager, other factors should be considered as well, such as:

Service: Automated facilities may not be enough to create an advantage over the competition. Depending on a self storage facility’s location or specialty, clients may want more than just an access code after signing a contract. Facilities with a resident manager can service clients in ways that others cannot. This is why the existence of a resident manager is often mentioned in promotional and marketing materials.

Security: Even with surveillance cameras and 24-hour monitoring services, it is difficult to deny that resident managers can make a self storage facility even more secure. Their presence alone will likely deter most criminals, and their response time will be quicker than even the fastest police departments.

Operations: Things can and often do go wrong after business hours. Leaking pipes and short-circuits are just two things that can cause significant damage if they are not discovered and fixed quickly. A resident manager can find and fix those problems that cannot wait.

Qualified Candidates: It’s not always easy to find and retain the right people. Providing prospective managers with a place to live may be just the perk required to hire and keep quality talent.

After evaluating all the pros and cons in the context of each facility’s own particular situation, an informed decision can be made about whether a resident manager could improve operations. However, before making a final decision, it is important to understand the ramifications of hiring a resident manager, particularly how doing so may create an unexpected relationship.

In addition to creating an employer-employee relationship, hiring a resident manager can also create a landlord-tenant relationship. While employers can often terminate employees at-will and without advance notice, the same cannot usually be done with tenants. Depending on applicable law, a self storage facility will generally be required to provide advance written notice to terminate the landlord-tenant relationship. As a result, a resident manager may be legally entitled to continue renting the property for a period of time after his or her employment has been terminated.

There are steps that can be taken to minimize the scope and impact of the landlord-tenant aspects of a resident manager’s employment relationship. For example, a self storage facility can address landlord-tenant issues in a written employment agreement or in a separate lease agreement. However, since specific legal requirements must be met, it is advisable to seek the advice of a locally licensed attorney.

As is often the case, it is necessary to understand the risks in order to control them. Since self storage facilities face unique risks, it helps to have an insurance program that is specifically designed for the self storage industry. If you would like more information about Setnor Byer Insurance & Risk’s Self Storage Insurance Program, please contact us.

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Why Did I Get a Reservation of Rights Letter?

Upon receiving notice of a claim, an insurance company must determine whether it is covered by a policy. If a claim is clearly covered, the insurance company will begin the process of defending or indemnifying the insured. Alternatively, claims that are clearly not covered will be denied. A Reservation of Rights letter is used when the insurance company isn’t sure whether a claim is covered.

Assume a customer files a lawsuit after being injured by a falling box. If the box fell because it was carelessly placed on a high shelf, a general liability policy would likely cover the claim. Coverage would be unlikely, however, if the box was intentionally dropped on the customer.

Though it may take months to find out what happened, the insurance company may only have days to take action. Rather than risk denying a covered claim, the insurance company can send the insured a Reservation of Rights letter, which gives the insurance company time to investigate the claim, and defend it, if necessary, without waiving its right to deny all or part of a claim at a later time if the facts ultimately establish a lack of coverage.

A Reservation of Rights letter also puts the insured on notice that all or part of a claim may not be covered. According to the California Supreme Court, by providing a Reservation of Rights letter, “the insurer gives the insured notice of how it will, or at least may, proceed and thereby provides it an opportunity to take any steps that it may deem reasonable or necessary in response–including whether to accept defense at the insurer’s hands and under the insurer’s control or, instead, to defend itself as it chooses.”

Reservation of Rights letters are used when the facts or the policy language may justify denying coverage for a claim. For example, insurance companies may use a Reservation of Rights letter when:

An exclusion in the policy does or may apply
The allegations in a lawsuit may be beyond the scope of coverage under a policy
Some or all of the damages are not covered by the policy
The insured may have failed to satisfy their obligations under the policy

A Reservation of Rights letter will typically:

Identify the specific policy covered by the letter
Summarize relevant facts
Quote relevant policy language
Identify and explain coverage and policy defenses

Though a Reservation of Rights letter does not necessarily mean that a claim will be denied, it must still be taken seriously. Depending on the nature of the claim and the potential exposure, professional guidance may be necessary when responding to a Reservation of Rights letter. An experienced and reputable insurance agent can help identify concerns, evaluate options and prepare a response.

If you have any questions or would like to speak with one of our Risk Management Professionals, please contact us.

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Insurance for Tech Companies

Since most businesses rely on technology, providing technology services has become big business. Technology companies provide goods, services and expertise that can increase efficiency, productivity and profitability. These businesses may involve:

System / network development and administration
Application and website programming and design
Hardware installation and repair
Website hosting, maintenance and optimization
Information Technology consulting, staffing and training
Project management
Consulting

Technology companies face the same risks as other businesses, so traditional insurance coverages are required, such as general liability, property, automobile and workers compensation insurance. However, additional insurance coverage may also be necessary to address the unique risks facing technology companies.

For example, many technology companies do not believe they need Errors & Omissions (Professional Liability) insurance. The reality is that technology companies, just like doctors and lawyers, can be held liable for errors and omissions committed in the performance of their professional services.

Unfortunately, a traditional E&O policy may not protect against many of the risks unique to technology companies. This is why technology-specific insurance is needed to cover technology-specific risks. To ensure adequate insurance coverage, technology companies should look for an E&O policy that, at a minimum:

Broadly defines “Computer Technology Services”
Provides coverage for failure to prevent unauthorized access to or use of any electronic system or program of a third party
Provides coverage for unauthorized, corrupting or harmful pieces of code, including, computer viruses, worms and Trojan Horses
Covers personal injury claims alleging wrongful entry, wrongful eviction, wrongful detention, false arrest, false imprisonment, libel, slander or defamation, advertising injury or violation of any right of privacy
Provides sufficient coverage limits

The right E&O policy lets technology companies focus on their business knowing that they are protected in the event of a claim. And, since clients are increasingly requiring proof of E&O insurance from their technology vendors, an E&O policy may also create new opportunities.

Given the complexity of the risks facing technology companies, evaluating insurance needs and options is not always easy. For example, in addition to E&O insurance, technology companies may also need coverage for cyber liability claims, including data security breaches, which are becoming more common.

An experienced insurance agent can guide you through the process of protecting your technology company. If you would like to learn more about insuring a technology company, contact us.

If you would like to learn more about preventing data security breaches, take our online course Information Risk Management: Strategies for Preventing and Mitigating Information Security Breaches.

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Preparing an Association’s Financial Reports

For many condominiums and homeowners’ associations, the end of the calendar year is also the end of the fiscal year. This means that associations should be well on their way to completing their statutorily required financial reports.

Unless a different date is specified in the bylaws, Florida condominium and homeowners’ associations have 90 days after the end of their fiscal year to prepare and complete or hire someone else to prepare and complete the association’s financial report for the preceding fiscal year. Once completed, associations have 21 days to either provide a copy of the financial report to unit owners and members or notify them that they can request a copy free of charge. This entire process must be completed no later than 120 days after the end of the fiscal year.

Though all financial reports must be prepared in accordance with generally accepted accounting principles (GAAP), the manner in which a financial report is prepared usually depends on the association’s total annual revenues. Financial reporting requirements are determined by statutory revenue thresholds, which were changed in 2013. These thresholds are the same for both condominium and homeowners’ associations.

Associations with total annual revenues of less than $150,000 must prepare a report of cash receipts and expenditures
Associations with total annual revenues of $150,000 or more, but less than $300,000, must prepare compiled financial statements
Associations with total annual revenues of at least $300,000, but less than $500,000, must prepare reviewed financial statements
Associations with total annual revenues of $ 500,000 or more must prepare audited financial statements

Condominium associations with fewer than 50 units and homeowners’ associations with fewer than 50 parcels must prepare a report of cash receipts and expenditures, regardless of their total annual revenues.

Though associations may vote to change their financial reporting requirements, the process is technical and strict requirements must be followed.

To learn more about your obligations as a board member, take our affiliate’s recently updated online course Condominium Operations: A Primer for Board Members, which has been approved by the Division of Florida Condominiums, Timeshares, and Mobile Homes.

If you would like to discuss how Setnor Byer Insurance & Risk can serve you and your association, please contact us. Clients of Setnor Byer’s Condominium Program enjoy access to various risk management services, such as Setnor Byer’s Risk Management Group and Unit Owners’ Report Line, as well as our affiliate’s Board Member Education Certification.

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Let’s Talk About Data Security Breaches

The theft of credit and debit card information from Target’s computer systems should serve as a reminder that the risk of a data security breach must be taken seriously. Every organization must have a plan to not only prevent data security breaches, but to respond to them as well.

The first step is to identify vulnerabilities with a risk assessment. Unfortunately, this can be difficult because data security breaches can come from pretty much anywhere, including employees, laptop computers, copy machines and wireless networks. To make the process easier, organizations can perform a self-audit.

The Online Trust Alliance has come up with a series of risk assessment questions that are designed to help organizations identify vulnerabilities and gauge their level of preparedness. For example:

Are there any regulatory requirements that are specifically applicable to your business operations or geographic location?
What customer-specific data is collected? How, where and by whom is this data stored, maintained and archived? Can you identify points of vulnerability and risk?

Is the kind of customer-specific data you collect necessary for business operations? For example, is it necessary to request drivers’ license information or social security numbers?
Do you follow best practices for encryption and de-identification processes?
Is there an incident response team in place? Is there a clear reporting process in the event of an accidental data loss or a breach?
Is there a plan for communicating to employees, customers, partners, stockholders and the media in the event of a breach?
Are generally accepted security and privacy best practices followed? If not, why?
Is there a privacy policy reflecting current data collection and sharing practices, including the use of third-party advertisers and cloud service providers? Have systems been audited to confirm compliance with written policies?
Is there a contact person in the event of a breach? Has a person been assigned to work with the authorities, such as the FBI, Secret Service and State Attorney General Office?
Are you willing to sign off on your Data Incident Plan and represent to board members, investors and regulators that it contains best practices for preventing and responding to data security breaches?

This kind of self-audit should encourage discussion and evaluation of an organization’s specific data security risks. And, since the questions are general in nature, they can be used by most organizations, regardless of industry or location.

As we have seen, preventative measures are not foolproof, so organizations should also consider protecting against data security breaches with insurance. Various cyber liability products are available to protect against privacy injuries, such as identity theft, and to cover the cost of complying with various data breach notice laws.

Given the complexity of the risk, an experienced insurance agent should be consulted to ensure that adequate coverage is obtained. If you would like a professional audit please contact us to learn more.

If you would like to learn more about insuring against data security breaches, contact us.

If you would like to learn more about preventing data security breaches, take our online course Information Risk Management: Strategies for Preventing and Mitigating Information Security Breaches.

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Data Security Breaches: Lessons from 2013

They say that those who fail to learn from history are doomed to repeat it, and 2013 provided many lessons for those wishing to avoid a data security breach. Let’s review some of 2013’s data security breaches so that they do not have to be repeated in 2014.

Target. During the peak of the 2013 holiday season, Target suffered what may be one of the largest data security breaches in U.S. retail history. Target’s breach involved the credit and debit card accounts of about 40 million customers. Though Target believes the data remains safe because it was strongly encrypted, it may be used to gain access to customers’ accounts. There are estimates that this breach may end up costing Target billions of dollars.

Adobe. Adobe Systems, Inc. suffered a data security breach that compromised nearly 3 million records. Hackers were able to access customers’ IDs, encrypted passwords, names, encrypted credit or debit card numbers, expiration dates and other information related to their orders.

Facebook. Facebook was targeted in a sophisticated attack when a handful of employees visited a website that was compromised. This website hosted an exploit which allowed malware to be installed on employee laptops, even though they were running up-to-date anti-virus software. Facebook analyzed the source of the attack and discovered a previously unseen way to bypass security measures and to install the malware.

Washington State Courts. The Washington State Administrative Office of the Courts suffered a security breach on its public website. Though no court records were altered and no personal financial information is maintained on the website, the breach may have exposed up to 160,000 social security numbers and 1 million driver license numbers.

Twitter. After detecting unusual access patterns, Twitter discovered unauthorized attempts to access user data. According to Twitter, approximately 250,000 users may have had their information accessed by the attackers, including their usernames, email addresses, session tokens and encrypted/salted versions of passwords. These users had their passwords reset and their session tokens revoked by Twitter.

New York Times. Chinese hackers infiltrated The New York Times’ computer systems and obtained corporate passwords for its reporters and other employees. According to The New York Times, over the course of three months, 45 pieces of custom malware were installed on their network and used to gain access to computers. To get rid of the hackers, The New York Times blocked the compromised outside computers, removed every back door into its network, changed every employee password and wrapped additional security around its systems.

Evernote. Evernote appears to have been the victim of a coordinated attempt to access secure areas of its network. Their investigation revealed that hackers were able to access user information, including usernames, email addresses and encrypted passwords. Though Evernote believes that the passwords remain protected by encryption, all users were required to reset their account passwords.

These incidents show that data security breaches can happen to any organization, and that they can be very costly. Every organization must be proactive in protecting against data security breaches. Though protective measures should cover everything from the wireless network to the copy machine, organizations should also consider protecting against data security breaches with insurance.

If you would like to learn more about insuring against data security breaches, contact us.

If you would like to learn more about preventing data security breaches, take our online course Information Risk Management: Strategies for Preventing and Mitigating Information Security Breaches.

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Self Storage Facilities: Protecting the Bottom Line

Most businesses rely on their facilities to manufacture products or provide services. In the self storage industry, the facilities typically are the product. If property loss or damage is not fixed quickly, the business may fail. Though most believe their self storage facilities are adequately insured against property loss or damage, many overlook Ordinance and Law coverage. This oversight can be the downfall of any self storage facility.

Ordinance and Law insurance is designed to pay the extra expense of rebuilding to comply with ordinances or laws, such as building codes, which did not exist when the building was originally constructed. Since the costs of improving a structure to bring it up to code are specifically excluded under most property policies, this coverage can be quite valuable.

An insured’s obligation to rebuild according to current and stricter codes is often triggered when an insured building experiences a covered loss, such as a fire or hurricane. Unfortunately, many insureds first learn of this additional obligation and expense after they experience a property loss. To avoid the burden of these additional rebuilding costs, self storage facilities can add Ordinance and Law coverage to their current property insurance policies. Doing so will generally cover:

Loss to the undamaged portion of the building;
Increased demolition costs; and
Increased costs of construction.

Since rebuilding according to current building codes may suspend operations for an extended period of time, self storage facilities can purchase Business Interruption insurance to cover reductions in net income caused by an inability to continue business operations. Since payroll, mortgage/rent payments, money owed to suppliers, taxes, and other continuing expenses must be met, Business Interruption insurance may provide badly needed capital when operations are suspended.

Combining Ordinance and Law coverage with Business Interruption coverage, self storage facilities increase the likelihood of surviving not only the initial property loss, but a protracted suspension of operations resulting from the obligation to rebuild in accordance with current building codes.

While the decision to obtain Ordinance and Law and Business Interruption coverage should be easy, understanding specific policy provisions and terms can be difficult. Since there may be variations among different policy forms, it is important that you consult with an experienced insurance agent to discuss your options.

If you would like more information about protecting your self storage facility or obtaining Ordinance and Law and Business Interruption insurance coverage, please contact us.

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