This week, I ventured down a slightly different path on my podcast. I talked about COVID and insurance, but more about what I believe we need to consider for the future rather than about what is happening today.
The homeowners policy insures personal risks, not business risks, when you’re working from home. For this reason, the homeowners policy explicitly excludes virtually all coverage for business property and liability.
Property & Liability Coverage Limits
The homeowners policy includes very limited personal property coverage. The limit usually ranges between $1,000 and $2,500 if the business property is at your house. The limit is much less for business property anywhere else–like in your car.
The policy severely limits liability coverage for business activities, as well. It only applies to incidents that occur on your property at home, and only for those that arise when:
You rent your house–either occasionally as a residence or partially to 1 or 2 boarders. This does NOT include Airbnb rentals, or any series of rentals. Neither does it include renting your barn to a neighbor who does lawn mower repairs.
You rent a portion of your house or other building for use as a private garage, office, school, or studio. Think designating a room for use to give music or dance lessons, or as an office for a writer.
An insured who is under age 21 runs a self-employed part-time or occasional business that does not have any employees.
Problems with These Coverage Limits When Working from Home
What does all this mean? When a person works from home, any property used for business receives very limited coverage. Regardless of whether it is owned by the individual or the individual’s employer. If the employer insures its owned property, that property should be insured specifically on the employer’s policy. A notation should be included that indicates it is located at the employee’s home. In some cases, the employer’s failure to cite the location of the property on its policy might result in a lack of adequate coverage in the event of a loss. This is especially true if the property is valued at more than $5,000 or $10,000,
Potential problems relating to the lack of business liability coverage under the homeowners policy are more serious. In most cases, clients do not visit employees working from home. But if anyone visits your home for business purposes and gets hurt, your unendorsed homeowners policy does not provide liability coverage. Similarly, if a FedEx or USPS employee trips and falls while delivering business mail or packages, any claim for injuries are not covered. Basically, coverage for ANY other type of liability (think cyber liability, products liability, etc.) is NOT covered, either.
Ways to Resolve the Problems
Endorsements are available to add limited business property and liability coverage to the homeowners policy. Unfortunately, in most cases, it’s probably not adequate. Some insurers also offer a home business endorsement that does include business, or commercial, coverage. That’s probably a better idea.
Remember, even if you’re working from home and your employer does have property and liability coverage in place, your employer gets the broadest coverage under that policy. If your employer insures you under his policy, you can still be held personally liable for property damage and bodily injury resulting from business activities conducted at your home.
Unless you buy and add business endorsements to your homeowners policy, you might find yourself uninsured in the event of a loss when you’re working from home.
For more details, listen to this week’s podcast at Taking the Mystery out of Insurance.
I’ve conducted a lot of research into the topic of elder abuse. I’ve also developed and written some insurance continuing education courses on the subject as well, as it pertains to financial fraud.
Here is another person’s take on senior financial exploitation, a despicable form of elder abuse. This account was written by Connie Johnson Hambley.
People are talking about lawsuits these days, even more fervently than usual. Why? Because the big question is: What will happen if a person claims he or she contracted COVID-19 at a restaurant, or store, or at work … and then sues the business owner? Will the business’ insurance policy pay the claim?
At the moment, it’s impossible to answer that question with any certainty because we have no precedent to follow. In other words, we’re in uncharted waters.
One of the first things to remember about insurance claims (with or without associated lawsuits being filed) is that liability insurance only pays if the insured was legally liable for causing bodily injury or property damage. And legal liability can only be determined by the courts.
It’s true that many insurance companies settle claims without lawsuits being filed or trials having to be undertaken. And that’s because the facts associated with the claim are so clear cut the insurance company is confident that if the matter went to trial, their policyholder would be deemed negligent and, therefore, legally liable.
Nothing about COVID-19 is especially clear right now. Therefore, how can we determine whether an individual or business exercised due diligence in preventing its spread?
My best guess is that if every business follows federal, state, and local guidelines about social distancing and preventing the spread of coronavirus, proving it was negligent is going to be very difficult. However, many believe some guidelines are not feasible, or reasonable. What then?
Only time will be able to answer these questions. However, I do talk more about this topic on Episode 8 of my podcast, so take a listen here.
Barb Gavitt is Vice President of Product Development and Education at A.D. Banker & Company, one of the leading insurance pre-licensing and continuing education providers in the country. She is also the 2020 president of the Securities & Insurance Licensing Authority.
Barb sat down with me recently to discuss the challenges many have been facing, and continue to face, in light of the COVID-19 pandemic shutdown. Although the insurance and financial services industries have been deemed “essential” during shelter-in-place orders, the licensing test centers were not.
This means that individuals who were already hired to work in the industry could not obtain their licenses, despite having paid significant fees and devoted tremendous amounts of time studying. Similarly, those wanting to be hired or wanting to obtain an additional license or line of authority on an existing license find themselves equally frustrated and stymied.
On Episode 6 of my podcast, Taking the Mystery out of Insurance, Barb explains what’s been happening to date, how the states are opening up now, and what she anticipates in the future.