Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Commercial Property Insurance: How Much Coverage Do You Really Have?

By Chris Kuleba, Harrell Watts II and Evan Knott
November 01, 2024

Commercial property insurance is an essential form of protection for any business that owns or leases property. Like most insurance policies, commercial property policies are subject to coverage limits setting forth the maximum amount the insurer(s) are contractually obligated to pay. While in many cases involving a substantial property loss the applicable policy limit is clear, in some cases it is not, and the amount to which the policyholder is entitled is governed by a confluence of policy provisions informed by applicable state law.

For purposes of our discussion, assume a policyholder owns a building that suffered a near-total covered loss. Assume the policyholder holds a commercial property policy insuring multiple separate properties with an aggregate policy limit of $100 million. Finally, assume the damaged building has a "scheduled" value of $10 million based on a schedule of values on file with the insurer, a market value of $15 million, and that repairs necessary to return the building to its pre-loss condition will cost $20 million. Whether the policyholder is entitled to recover $20 million, $15 million, $10 million (or some number in between) depends on the type of policy at issue and the interaction of loss payment (or loss-settlement), valuation and like provisions governing the extent of the insurer's liability. Examples of those policies and provisions are discussed below

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.