Defined. In a "shared umbrella" program (also known as
group or
pooled insurance) unaffiliated entities are grouped together in a single
insurance policy in an attempt to save costs. An example is CIBA insurance. Typically, a management company might obtain
a single group policy covering all the associations in its portfolio. That means the insurance policy is not put in each association's
name. Instead, associations in the pool are made additional insureds. There are two types of
shared umbrella programs:
1. Shared-Limit Umbrella.
In a shared limit umbrella, the insurance policy's limits are shared by
everyone in the
program.
2. Shared-Policy Umbrella.
In this program, all associations program share one policy, but the
limits of that policy apply on a "per location" basis.
Potential Problems. Shared or group insurance is can offer lower premiums but there are trade-offs that raise concerns.
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Additional Insureds. Because participants in group programs are "additional insureds" instead of being the "First Named Insured," they receive a certificate of insurance rather than an actual complete insurance policy. That makes notification an issue since entity other than the association is the First Named Insured. This means
that the association may not be notified if the policy lapses for non-payment of premium or the carrier cancels or
modifies the coverage. Another potential problem is if the management company holds the insurance in its name and the association changes management, it could unexpectedly lose coverage.
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Limits Exhausted. In the shared-limit plan, if one association makes a claim that exhausts the limits of
the policy all other associations in the program are left with no
coverage. Policies are written under an assumption that no single disaster will
impact them all. Since no board member knows exactly how many
associations are sharing the limit (and the value of each of those
properties), it’s impossible to adequately assess whether the shared
limit is truly sufficient to cover a large loss which impacts multiple
locations.
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Payouts Limited. In the shared-policy plan, language
in the policy often limits the number of payouts per policy year. That
could leave participants without coverage.
Recommendation: The risks described above do not necessarily mean the policies should be avoided, it means that boards should be aware of the risks and talk to their insurance agent so they can make an informed decision before taking on those risks.
ASSISTANCE: Associations needing legal assistance can
contact us.
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