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REAL ESTATE

Landlords and Habitability Claims

In parts of the U.S., the housing market remains locked in a perpetual impasse between high demand and low inventory of affordable residences. In heavily populated states such as California and much of the Northeast, soaring rents have led to overcrowding in multifamily dwellings, which can lead to living conditions more conducive to maintenance and habitability concerns such as sewer backups and vermin infestations. Complicating matters is the rise in corporate ownership of rental properties and the departure of “mom-and-pop” landlords dedicated to maintaining a single location. To take advantage of efficiencies of scale, corporate owners are inclined to spread… Read More »Landlords and Habitability Claims

Loss of Income in Business Property Insurance

When a business suffers a loss to a fixed physical asset, such as when a fire damaged a building, the insured may incur an interruption to their business which can result in the loss of income and the incurrence of expenses.

The Property insurance policy will define what a business interruption (BI) loss is and will provide guidelines regarding how a BI loss will be calculated. Business interruption is a broad category that applies to an overall loss of income. While forms will vary slightly, two sample definitions of BI are:

  1. Net income (net profit or loss before income taxes) that would have been earned or incurred plus continuing normal operating expenses incurred during the period of restoration, including payroll.
  2. Gross earnings less charges and expenses which do not necessarily continue during the interruption of business operations. Gross earnings are defined as the net sales values of production, net sales from merchandising or non-manufacturing operations, and any other earnings derived from the operations of the business less various costs associated with production of stock and merchandise.

Rental value income (RVI) is another coverage that pays for a loss of income stream. However, the coverage is a narrow category which applies to lost gross rental income from the use of property when the insured leases or rents property out for a profit.

Continuing expenses cannot be avoided and don’t change because there is an interruption in business.  Examples of continuing expenses include taxes, insurance, rent, licenses, payroll of key employees, interest, and debt. Non-continuing expenses may be saved or discontinued if there is an interruption in business.  Examples of non-continuing expenses include salaries of hourly employees, unemployment taxes, and some utilities.

This article examines how BI and RVI losses may treat depreciation after the damage or destruction of a fixed physical asset.Read More »Loss of Income in Business Property Insurance