Danger in adding landlord as additional insured?

Your response to industry hot topics.

Moderators: Josh, independent guy

Post Reply
awolf
Insurance Journal Fan
Posts: 3
Joined: Thu Apr 09, 2009 9:03 pm

Danger in adding landlord as additional insured?

Post by awolf »

My landlord is requiring that I obtain renters insurance and add them as an additional insured for me to renew for another year.

However, the landlord is an animal and has a history of forcibly removing tenants in the past, throwing their property on the street. I am actually looking for the renters insurance to protect me against such property losses caused by my landlord himself.

So, my concern is, if the landlord is an additional insured, and if he causes damage to my property, would he then have a claim to the money paid by the insurance company to reimburse me for my loss? I certainly do not want that situation to exist. And for that matter, nomatter who causes a loss (theft, etc.), will he have a claim to the reimbursement as an additional insured? If so, is the more appropriate thing for me to have them added as an "additional interest" or "interested party"?

Thanks in advance for your help!
scott
Insurance Journal Addict
Posts: 309
Joined: Thu Sep 22, 2005 6:35 pm
Location: Mississippi
Contact:

Re: Danger in adding landlord as additional insured?

Post by scott »

He is probably only looking for additional insured status on the liability section of your policy.

Insurance is the least of your worries.

Rhetorical question: Why would you subject yourself to someone like that?
Scott Simmonds, CPCU, ARM
Insurance Consultant
awolf
Insurance Journal Fan
Posts: 3
Joined: Thu Apr 09, 2009 9:03 pm

Re: Danger in adding landlord as additional insured?

Post by awolf »

Hi Scott,

Thanks for your reply. Why would I subject myself to such people? Well the place is really that great. Its a half block from the beach, I have a lot of friends for neighbors, and the place is designed for entertaining. In the past year, I've only had to make contact with the landlord a few times (all of which were unpleasant), but so long as I can minimize my exposure to them, its fine.

So if you think they are interested in only being added on the liability portion, how can I go about ensuring that they are only added to that portion of the policy? Do I maybe need to get a separate Renters Liability policy and add them only on that?

Thanks again for your responses!
ForumReader1
Insurance Journal Addict
Posts: 25
Joined: Mon May 05, 2008 5:36 am

Re: Danger in adding landlord as additional insured?

Post by ForumReader1 »

Contact your insurance agent and ask for an HO4 - Tenant's policy. It will provide property coverage on your personal property, personal liability, and other coverage extensions. An additional insured endorsement is for liability only, so tell your agent that you need to name the landlord as additional insured under the liability section.
R Levine
Insurance Journal Enthusiast
Posts: 20
Joined: Fri Aug 08, 2008 11:50 am

Re: Danger in adding landlord as additional insured?

Post by R Levine »

Adding a landlord is a simple process. Contact an Insurance Broker in your neighborhood. One thing you should review more closely is the lease you may have. There can be verbage that may need to be added to your Insurance policy that can be difficult. You also need to know what are the terms & conditions of the lease. Some are not insurable.
awolf
Insurance Journal Fan
Posts: 3
Joined: Thu Apr 09, 2009 9:03 pm

Re: Danger in adding landlord as additional insured?

Post by awolf »

Thanks for your help guys,
-aWolf
Companyman
Insurance Journal Enthusiast
Posts: 11
Joined: Fri Dec 11, 2009 1:33 pm

Re: Danger in adding landlord as additional insured?

Post by Companyman »

There is no reason to add the landlord to your policy. By doing so will often create more grey areas than making it a black and white issue.

If added as an addtional insured you and your insurance company will give up your right to sue/subrogate as he is a named insured on your policy. If he doesn't maintain the property and the pipes burst causing damage to your personal property you cannot go back and subrogate.. What happens if a friend gets hurt from a protruding nail in the floor while visiting your place (while you entertain..). Typically that would fall on the apt complex as they own the property and are required to upkeep the place, but you have him listed as a named insured.. In that event does your policy respond, his policy, is it shared, or even stacked liability?

He has no insurable interest in your property and the liability written on the tenant's is for the named insured only. If he is wanting to make sure you have coverage in place then a certificate of insurance, proof of insurace, or a declaration page should suffice.
wariline
Insurance Journal Addict
Posts: 63
Joined: Tue Jun 29, 2010 8:23 pm

Re: Danger in adding landlord as additional insured?

Post by wariline »

Most HO4 policies are named peril, not special form...so it probablly wouldnt cover your loss if your landlord throws your stuff out.
michga11
Insurance Journal Addict
Posts: 116
Joined: Wed Jun 02, 2010 1:34 pm

Re: Danger in adding landlord as additional insured?

Post by michga11 »

hmmmm. let's see...oh yeah...

intentional tort. any of you recall what that is? it includes wrongful eviction. this landlord cannot just throw someone out on the street without cause. well, he can, but then again, he can also get sued for it.

as for the additional insured status (not named insured as someone above stated. they are different.) that can be pretty standard. it's just protecting his interest if you get sued somehow and his name gets thrown in, as being the owner of the building. i am not sure what some of the above examples mean, because they make no sense and are somewhat inaccurate. the building owner should have his own liability/property policy as well, which covers the building. if there was a scenario as stated somewhere in an above post, multiple policies would be responding. or at least, they should be.
global_property
Insurance Journal Fan
Posts: 1
Joined: Fri Sep 17, 2010 12:53 am

Re: Danger in adding landlord as additional insured?

Post by global_property »

Try to look to your contract with this landlord as i think he has no right to add additional fees to your property.
plins
Insurance Journal Enthusiast
Posts: 19
Joined: Wed Jan 24, 2007 5:20 am

Re: Danger in adding landlord as additional insured?

Post by plins »

I don't know of any company that will agree to add a landlord (or apartment complex or builder, etc) as an Additional Insured to a property policy. That would provide coverage (including liability protection) to the AI which companies just aren't willing to do. They can usually just be added as an Additional Interest--this doesn't give them any coverage but simply mails them copies of anything that goes out (puts them on alert if your policy cancels).
gregcw
Insurance Journal Addict
Posts: 160
Joined: Fri Jun 24, 2005 3:29 pm
Location: Newport Oregon

Re: Danger in adding landlord as additional insured?

Post by gregcw »

plins wrote:I don't know of any company that will agree to add a landlord (or apartment complex or builder, etc) as an Additional Insured to a property policy. That would provide coverage (including liability protection) to the AI which companies just aren't willing to do. They can usually just be added as an Additional Interest--this doesn't give them any coverage but simply mails them copies of anything that goes out (puts them on alert if your policy cancels).
Having the landlord named as on the policy is not really necessary since both the ISO and AAIS forms cover Contractual Liability under their forms. ISO is F. Coverage E - Personal Liability. Paragraph:1 Liability: exceptions to exclusions b. Under any contract or agreement entered into by an "Insured". However this exclusion does not apply to written contracts: (1) that directly relate to the ownership, maintenance or use of an "insured location" or (2) where the liability of others is assumed by you prior to an "occurrence". Similar language is found in the AAIS under Incidental Liability Coverages Paragraph:2 Contracts and Agrrements.

I found no place in the policy contracts that excluded this coverage elsewhere. So, if the lease contract requires it, it is covered.
Gregcw
Post Reply