Qunicy Mutual offers a businessowner policy to condominium associations. The Quincy Mutual businessowner policy makes the master policy refer to the condominium documents. This means the insurance adjuster is to refer to the by-laws in the event of a claim and interpret what the by-laws intend to cover at the time of loss.

Review the insurance section of your by-laws. Be sure the wording is what your condo board wants.  Are the trustees required to insure unit-improvements? Is the insurance section confusing, does it refer to unit improvements subsequent to the first sale? If the by-laws are unclear on what the master policy should cover it can only cause confusion when a claims occur. You may want to consult your attorney. 

The Quincy Mutual businessowner policy will include standardized policy form BP1707 (edition 01/96) which defines Building Coverage as follows: 

 

Text Box: POLICY NUMBER:	BUSINESSOWNERS BP 17 07 01 96

 

 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MASSACHUSETTS CHANGES - CONDOMINIUM ASSOCIATION

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS POLICY

SCHEDULE

Insurance Trustee                                                                                Condominium


A. Paragraph A.1.a. BUILDING in the Businessowners Property Coverage Form is replaced by the following:

a. Building, meaning the building or structure described in the Declarations, including:

(1) Completed additions;

(2) Permanently installed:

(a)       Fixtures;

(b)       Machinery; and

(c)       Equipment;

(3) Outdoor fixtures;

(4) Personal property owned by you that is used to maintain or service the building or structure or its premises, including:

(a)       Fire extinguishing equipment;

(b)       Outdoor furniture;

(c)       Floor coverings; and

(d)       Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering that are not contained within individual units;


(5) If not covered by other insurance:

(a)       Additions under construction, alterations and repairs to the building or structure;

(b)       Materials, equipment, supplies, and temporary structures, on or within 100 feet of the described premises, used for making additions, alterations or repairs to the building or structure; and

(6) Any of the following types of property contained within a unit, regardless of ownership, if your Condominium Association Agreement requires you to insure it:

(a)       Fixtures, improvements and alterations that are a part of the building or structure; and

(b)       Appliances, such as those used for refrigerating, ventilating, cooking, dishwashing, laundering, security or housekeeping.

But Building does not include personal property owned by, used by or in the care, custody or control of a unit-owner except for personal property listed in Paragraph A.1.a.(6) above.


Text Box: Page 2 of 2	Copyright, Insurance Services Office, Inc., 1996	BP17070196	qB. Paragraph A.1.b. BUSINESS PERSONAL PROPERTY in the Businessowners Property Coverage Form is replaced by the following:

b. Business Personal Property located in or on the buildings at the described premises or in the open (or in a vehicle) within 100 feet of the described premises, owned:

(1)     By you; or

(2)     Indivisibly by all unit-owners.

This includes your interest in the labor, materials or services furnished or arranged by you on personal property of others.

Business Personal Property does not include personal property owned only by a unit-owner, unless it is in your care, custody or control as covered below.

This also includes similar property of others that is in your care, custody or control; but this property is not covered for more than the amount for which you are legally liable, plus the cost of labor, materials or services furnished or arranged by you on personal property of others.

C. The following is added to the LOSS PAYMENT Loss Condition in the Businessowners Property Coverage Form:

1. If you name an insurance trustee, we will adjust losses with you, but we will pay the insurance trustee. If we pay the trustee, the payments will satisfy your claims against us.

2. The rnortgage holder appoints an insurance trustee for the owners or co-owners of the condominium as shown in the Schedule or in the Declarations. This insurance trustee will:

a. Serve as Agent with Power of Attorney as principal as respects the CANCELLATION Condition; and


b. Act on all matters dealing with loss or damage to buildings or structures covered under this policy.

This appointment includes the right to:

a.       Receive loss payment due to the mortgageholder; and

b.       Execute      a      full      release      on      the mortgageholder's behalf.

D.      The following is added to the PROPERTY LOSS CONDITIONS:

10. Unit-Owner's Insurance

A unit-owner may have other insurance covering the same property as this insurance. This insurance is intended to be primary, and not to contribute with such other insurance.

E.      The following is added to Paragraph C. - WHO IS AN INSURED of the Businessowners Liability Coverage Form:

4. Each individual unit-owner of the insured condominium, but only for liability arising out of the ownership, maintenance or repair of that portion of the premises which is not reserved for that unit-owner's exclusive use or occupancy.

F.      The following is added to the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Common Policy Condition:

3. Waiver of Rights of Recovery

We waive our rights to recover payment from any unit-owner of the condominium that is shown in the Declarations.

 

What is covered by the building?

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