A latest federal appellate determination serves as a stark reminder for property managers in regards to the significance of correctly structuring insurance coverage protection for his or her property proprietor purchasers. In Sky Harbor Atlanta Northeast, LLC v. Affiliated FM Insurance coverage Firm, the courtroom’s ruling highlighted a essential oversight that left the property proprietor with out standing to sue the insurance coverage firm immediately for thousands and thousands in damages. 1
The case centered across the Atlanta Hilton Northeast Lodge, the place Sky Harbor was the property proprietor and Crestline Motels & Resorts served because the property supervisor. When in depth water and mildew injury was found throughout a 2015 renovation, each Sky Harbor and Crestline sought protection underneath an all-risk insurance coverage coverage with Affiliated FM Insurance coverage Firm (“AFM”).
Nonetheless, the courtroom discovered that Sky Harbor lacked standing to sue for breach of contract as a result of it didn’t qualify as an insured underneath the coverage. The coverage particularly outlined “Insured” as Crestline and “its wholly or majority owned subsidiaries and any curiosity which can now exist or hereinafter be created or acquired that are owned, managed or operated by” Crestline.
Since Sky Harbor was merely the property proprietor who had employed Crestline as a administration firm – fairly than being owned, managed, or operated by Crestline – it didn’t meet the coverage’s definition of an insured occasion. This meant Sky Harbor couldn’t pursue direct claims in opposition to AFM regardless of being the proprietor of the broken property.
This oversight creates a number of potential points. First, property house owners might discover themselves unable to immediately pursue insurance coverage claims for injury to their very own property. Second, property managers may face claims from house owners for failing to correctly construction insurance coverage protection, doubtlessly breaching their administration agreements or going through negligence claims.
To keep away from these pitfalls, property managers ought to:
- Evaluation coverage language fastidiously to make sure property house owners are correctly lined
- Add property house owners as further named insureds on insurance policies
- Doc all insurance coverage placement selections and communications with house owners and insurance coverage brokers
- Embrace particular provisions in administration agreements concerning insurance coverage placement obligations
- Keep clear communication with house owners about insurance coverage protection constructions
Property house owners also needs to take proactive steps by:
- Reviewing all insurance coverage insurance policies obtained by their property managers
- Confirming their standing as named insureds or further insureds
- Understanding their rights and limitations underneath the coverage
- Sustaining documentation of all insurance-related communications
- Together with particular insurance coverage necessities in administration agreements requiring that they be named insureds and that the coverages additionally adjust to all mortgage and lending agreements
The Sky Harbor case demonstrates that merely having insurance coverage protection isn’t sufficient – the protection have to be correctly structured to guard all events’ pursuits. Property managers who fail to make sure their proprietor purchasers are correctly listed on insurance policies might discover themselves going through severe legal responsibility points if protection disputes come up.
Whereas Crestline may pursue claims in opposition to AFM as a named insured, Sky Harbor’s lack of ability to deliver direct claims doubtless sophisticated the litigation and restoration course of. This example may have been averted by merely including Sky Harbor as a further named insured on the coverage.
As insurance coverage protection disputes change into more and more advanced, property managers should train due diligence in structuring protection for his or her purchasers. The minimal effort required so as to add an proprietor as a further named insured pales compared to the potential issues and legal responsibility points that might come up from failing to take action.
Keep in mind, in the case of insurance coverage protection, the main points matter. Don’t let easy oversights lead to no protection for the property proprietor. This rule applies to property managers, insurance coverage brokers, and property house owners.
Thought For The Day
It’s the little particulars which might be important. Little issues make massive issues occur.
—John Picket
1 Sky Harbor Atlanta Northeast v. Affiliated FM Ins. Co., No 21-11329 (11th Cir. Oct. 2, 2024).
