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Property & Casualty  High Value Homeowner, renovation, and Chubb Cancelling 


Devesh  Pathak, Reliance Financial Services LLC DBA BEMA Insurance  - Houston, TX 77042
Reputation: 225 - Total posts: 22
Hello Peers
We currently write a High Value Homeowner in TX with Chubb. They are undergoing a 120 day renovation project, the contract for which includes a mutual waiver of subrogation clause. Chubb requested the contract when we asked for improvements to be added to the policy, and now they want OFF the policy altogether, because of the WOS Clause. Contractor said that this standard verbiage in all their contracts and this is the first time this issue came up. Other Carriers will not accept the risk while renovation is going on. Any advise on how to handle this?

Veronica Ventura
5 year(s) ago
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Sherry Brown, Sherry Brown Insurance Agency, L.L.C. - Canton, TX 75103
Reputation: 5 - Total posts: 1
i have markets for renovations, 3,6 and 12 month, if in Texas
Sherry
5 year(s) ago
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Edward Bishop, EF Bishop Group - Providence, RI 02906-2120
Reputation: 8 - Total posts: 1
Hi Veronica - AIG has a homeowners under renovation product through Lexington - Find an MGA with AIG.

Katharine
5 year(s) ago
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Jon Gray, Turnbaugh Insurance - Burlngtn, VT 05401
Reputation: 5 - Total posts: 1
Hello,
</br>Just thinking on this one a bit. Why would the homeowner agree to sign a WOS contract with the contractor in the first place? That's basically suggesting if any damages occur, the homeowner is waiving their right to subrogate the loss against the contractor, which would then fall entirely under the home insurer and is a terrible clause/transfer of liability for any insurer to accept. No wonder they want off the risk.
</br>This may be customary for joint ventures between contractors and subs, but certainly not in a construction relationship from my experience between contractor and homeowner.
</br>The first thing I would recommend is scratching that from the agreement.
</br>Second, you need to ask the question whether the home will be vacant during renovation. Theft of building materials/builders risk is typically only necessary during vacancy so if they'll be occupying the home during these renovations, you shouldn't be required to add. Wasn't part of your initial question but something to keep in mind.
</br>Finally, you should just be able to endorse the policy for the higher limits anticipating the value once completed.
</br>Many carriers don't like to get on the hook for renovations at inception, in which case either a specialty lines renovation or vacant renovation policy may be most prudent, however if Chubb has been on this risk for a while, and the client is now undergoing renovations mid-term, I suppose they could go through the formal process of cancellation, which depending on the state would take a few months or they generally just deal with it and remain on the risk, especially if all else meets their desirability guidelines.
</br>If they want to cancel after a number of years, that's a sour business move but they reserve the right to do so if they uncover a situation that materially changes their initial perspective of the risk. Take for example a vicious dog breed now in the home. Either way, I'd advise the client to reject that clause to preserve their insurability as the path of least resistance and best course of action if they can get it scrapped is just send Chubb the revised agreement and they'll likely rescind the NOC. They certainly don't want a formal NOC on their file when approaching a new market so best to get ahead of it before firm decisions are processed.
</br>Good luck!
5 year(s) ago
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Devesh  Pathak, Reliance Financial Services LLC DBA BEMA Insurance  - Houston, TX 77042
Reputation: 225 - Total posts: 22
Thanks Katharine. Thanks Jon for the detailed explanation. We had checked with Chubb if they'd want to stay on the risk if the said Clause is removed and an amendment is filed, but they declined again saying that since reno work has begun, the WOS is already in place. They have been on the risk since many years, but looks like one of their U/W dropped the ball. We had the contract out to them for 30 days prior, and they only responded AFTER the work begun. We recommended to the Insured that the clause should go, and they are trying their best with the contractor now. Also checking with AIG (like Katharine suggested), and E&S carriers.
Thank you.
5 year(s) ago
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