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Property Damage Reinstatement – Another Way, Another Place?

For most property owners, the decision to rebuild following a major buildings loss is quite straightforward.

For those who use their buildings for their business the best option is often a straightforward repair or re-build in identical form.

For property owners who lease their premises to tenants, their decisions on how or where to rebuild might be swayed by various lease obligations to repair or rebuild quickly and in the same format as before.

However, occasionally, property owners can take advantage of certain claim settlement conditions found in most buildings policies. Typically these conditions read as follows:

“The work of reinstatement (which may be carried out upon another site and in any manner suitable to the requirements of the Insured subject to the liability of the Company not being thereby increased) must be commenced and carried out with reasonable dispatch.”

The above condition permits the Insured to rebuild their property in a different way. This may enable the property owner to benefit commercially from perhaps increased rents or asset value by reconfiguring the property to an alternative size, formation or commercial usage.

Alternatively, they might choose to use their Insurer’s funds to reinstate property at a different location.

Building costs are similar across the UK but rental values differ significantly. Therefore, a property owner with multiple sites at different locations might benefit financially from spending settlement monies on repairs or rebuilding of property where rental returns are higher.

Several rules will apply.
• The value of the claim or repair/rebuilding works should not increase the Insurer’s liability;
• Repairs are usually restricted to the policy territory; and
• The works must take place and costs be incurred.

Claim settlement conditions can give property owners some interesting options when considering how best to repair or reinstate following major property loss.



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