BarbriSFCourseDetails

Course Details

This CLE course will provide real estate counsel with an understanding of the various components of property insurance and the current requirements of lenders concerning each type of coverage. The panel will explore the new market realities of obtaining various types of coverage and provide guidance for borrowers and lenders negotiating, drafting, and modifying insurance terms for existing and new loans.

Faculty

Description

Evaluation of property insurance is a complex undertaking in commercial real estate finance. It is often the final item to be resolved in a transaction, partly because insurance companies frequently need information from third-party reports before finalizing insurance policies.

Lenders want to ensure there is adequate property insurance in place to protect the value of the property and collateral during the life cycle of the loan. The types of coverage typically required are replacement cost, business interruption, ordinance and law, flood, windstorm, earthquake, and terrorism coverage. CMBS loans may have additional coverage requirements beyond what is required in a conventional loan.

In recent years there has been a shift in the property insurance industry due to the number of natural disasters and other environmental factors. This has had a significant impact on the commercial real estate lending market due to the rise in insurance costs and the fact that some coverages required in many loans are no longer available or have greater limitations. This means that some existing and new borrowers are unable to meet their lender's insurance requirements.

With required coverage either not available or limited in certain markets, new and existing borrowers must work with their lenders on any loan modifications that need to be made prior to delivering a Certificate of Insurance to the lender.

Listen as our authoritative panel discusses the latest developments in property insurance coverage and lender requirements and provides guidance for borrowers and lenders navigating the evolving market conditions.

Outline

  1. Overview: standard insurance coverage terms in conventional and CMBS loans
  2. Current issues for borrowers and lenders based on market forced changes with various types of coverage
  3. Evidence that proper insurance is in place: Certificates of Insurance
  4. Drafting tips and advice for lenders for deal-specific insurance provisions based on current market conditions
  5. Guidance for new and existing borrowers trying to fulfill the insurance requirements found in a loan agreement
  6. Practitioner pointers and key takeaways

Benefits

The panel will discuss these and other critical issues:

  • What are the current required insurance coverages in commercial real estate loans?
  • How have changes in the property insurance industry impacted commercial real estate lending?
  • How can borrowers and lenders navigate the new market realities of property insurance coverage to ensure their respective interests are protected?
  • How should insurance requirements in loan documents be modified or adjusted to reflect current market conditions or the specific terms of a transaction?