A latest federal appellate resolution 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 important oversight that left the property proprietor with out standing to sue the insurance coverage firm instantly for tens of millions in damages. 1
The case centered across the Atlanta Hilton Northeast Resort, the place Sky Harbor was the property proprietor and Crestline Inns & Resorts served because the property supervisor. When in depth water and mould harm was found throughout a 2015 renovation, each Sky Harbor and Crestline sought protection below an all-risk insurance coverage coverage with Affiliated FM Insurance coverage Firm (“AFM”).
Nevertheless, 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 below 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 – relatively than being owned, managed, or operated by Crestline – it didn’t meet the coverage’s definition of an insured social gathering. This meant Sky Harbor couldn’t pursue direct claims towards AFM regardless of being the proprietor of the broken property.
This oversight creates a number of potential points. First, property house owners could discover themselves unable to instantly pursue insurance coverage claims for harm to their very own property. Second, property managers may face claims from house owners for failing to correctly construction insurance coverage protection, probably breaching their administration agreements or dealing with negligence claims.
To keep away from these pitfalls, property managers ought to:
- Evaluate coverage language rigorously 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 choices and communications with house owners and insurance coverage brokers
- Embrace particular provisions in administration agreements relating to insurance coverage placement obligations
- Preserve clear communication with house owners about insurance coverage protection buildings
Property house owners must also 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 below 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 should be correctly structured to guard all events’ pursuits. Property managers who fail to make sure their proprietor purchasers are correctly listed on insurance policies could discover themselves dealing with critical legal responsibility points if protection disputes come up.
Whereas Crestline may pursue claims towards AFM as a named insured, Sky Harbor’s incapability to deliver direct claims doubtless difficult the litigation and restoration course of. This example may have been prevented by merely including Sky Harbor as a further named insured on the coverage.
As insurance coverage protection disputes turn 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 problems and legal responsibility points that would 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 end in 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 very important. Little issues make massive issues occur.
—John Wood
1 Sky Harbor Atlanta Northeast v. Affiliated FM Ins. Co., No 21-11329 (11th Cir. Oct. 2, 2024).
