Lost Income Claim under BOP

January 21, 2013

Our client is a tenant insured with a Businessowners form. There was a problem with broken sewage pipes under the foundation of the building that resulted in contamination of the duct works. The contamination resulted in a temporary shutdown both due to odor and the necessity of repairs to the pipe and cleaning of the ducts. The physical damage was covered by the landlord's insurance. The tenant made a claim for lost income to its carrier. The carrier denied coverage stating that since the tenant's property did not sustain any physical damage there was no trigger of coverage for the loss of income.

Kentucky Subscriber

The BOP states that there must be direct physical loss or damage to property at the described premises; it does not say insured property at the described premises, just property. So, if the building is the described premises in the tenant's policy and no exclusions preclude coverage, the tenant's policy should provide business income coverage.