Vermont Mutual Insurance Company offers a businessowner policy to it's condominium association's.
The Vermont Insurance businessowners policy make 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. Vermont Mutual does offer an all-in endorsement (VB1400) that extends the policy to cover unit improvements. The VB1400 all-in endorsement is subject to underwriting approval.
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 Vermont Mutual package policy will include standardized policy form CP0017 (edition 06/95) which defines Building Coverage as follows:
CONDOMINIUM ASSOCIATION COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy
carefully to determine rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured
shown in the Declarations. The words "we," "us" and "our" refer to the
Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning.
Refer to SECTION H - DEFINITIONS.
A. COVERAGE
We will pay for direct physical loss of or damage to Covered Property at
the premises described in the Declarations caused by or resulting from
any Covered Cause of Loss.
1. Covered Property
Covered Property, as used in this Coverage Part, means the type of
property described in this section, A.1., and limited in A.2.,
Property Not Covered, if a Limit of Insurance is shown in the
Declarations caused by or resulting for which a Limit of Insurance is
shown in the Declarations for that type of property.
a. Building, meaning the building or structure described in the
Declarations, including:
(1) Completed additions;
(2) Fixtures, outside of individual units, including
outdoor fixtures;
(3) Permanently installed:
(a) Machinery; and
(b) Equipment;
(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.
b. Your Business Personal Property located in or on the building
described in the Declarations or in the open (or in a vehicle)
within 100 feet of the described premises, consisting of the
following:
(1) Personal property owned by you or owned indivisibly by all
unit-owners;
(2) Your interest in the labor, materials or services furnished or
arranged by you on personal property of others;
(3) Leased personal property for which you have a contractual
responsibility to insure, unless otherwise provided for under
Personal Property of Others.
But Your Business Personal Property does not include personal
property owned only by a unit-owner.
CP 00 17 06 95
The Vermont Insurance Business Owner Policy includes a Massachusetts Changes- Condominium Association Coverage Form BP 1707 Edition 01/97) which defines Building Coverage as follows:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MASSACHUSETTS CHANGES - CONDOMINIUM
ASSOCIATION COVERAGE
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.
B. 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 property of others that is in your care, custody or
control except as otherwise provided in Loss Payment Property Loss
Condition E.6.d.(3)(b).
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 mortgageholder 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.
BP 17 07 01
/97