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A Morrow guide

Just Bought a Self-Storage Facility? What Insurance Do You Need?

In this guide

A self-storage facility needs the usual small-business policies (property, business income, general liability, workers' comp) plus two storage-specific coverages that standard general liability generally leaves out. Customer goods legal liability is meant to respond if a tenant's goods are damaged while in your care, and wrongful sale and disposal liability is meant to respond if a lien sale is challenged. A generic small-business package often leaves those two out, so first confirm who the named insured is and which coverages are actually in force. This guide is for a buyer, of one site or several, who inherited the seller's program.

The short answer

  • Start with the building: replacement cost (pays without deducting for age, once the property is actually repaired or replaced), an agreed value endorsement (which suspends the coinsurance penalty, a cut to your claim when the limit is too low, until its expiration date, so check that date and keep the statement of values current), wind and hail deductibles you can fund, and separate flood coverage.
  • Ask for customer goods legal liability and wrongful sale and disposal liability by name, before the first tenant dispute or lien sale. General liability generally excludes damage to property in your care, custody or control.
  • The rest of the stack (workers' comp, crime, cyber, employment practices, umbrella) works like any small business. The storage twists are in the sibling guides.
  • A quote or a certificate is not coverage. Confirm what the carrier has bound, and that the named insured matches the entity that now owns the site.

What insurance does a self-storage facility need after closing?

A self-storage facility is a real estate business and a service business at once. You own roofs, wiring, drainage, doors and gates, and you rent space to month-to-month tenants whose goods you do not usually insure. Names and limits vary by carrier, so treat the table as a list of questions, not a specification.

Self-storage exposures and the coverage that answers them
ExposureCoverage to look forSelf-storage detail to confirm
Buildings, roofs, gates, fences, signsCommercial propertyReplacement cost basis, a current statement of values (the building values the insurer relies on), treatment of roofs, and whether outdoor property is covered at all
Rent lost after a fire or stormBusiness incomeWhether the form caps the restoration period (for example at 12 months) and whether an extended period of indemnity (a longer paid period after reopening, while occupancy refills) applies. Brokers report rebuilds running past 12 months after a large loss. A 72 hour waiting period usually applies
Tenant says goods were damaged in your careCustomer goods legal liabilitySpecialty coverage. Ask whether it is on your form and its limit
Tenant disputes a lien saleWrongful sale and disposal liabilitySecond specialty coverage. Ask whether it is occurrence or claims-made
Staff injuriesWorkers' compensationClass, mod, resident manager arrangements
Cash, deposits, lien sale proceedsEmployee theft (crime coverage)The limit, and whether it pays when the loss is discovered or when it happened
Stored vehicles, boats and RVsThe tenant's own policy first. Then ask whether any of your liability or legal liability coverage reaches vehicles in your careProof of insurance at replacement value. Ask your broker to put the answer on vehicles in writing
Flood and named stormsSeparate flood policy, wind and hail termsLender requirement if any building is in a flood hazard area

If you carry an umbrella or excess policy, ask in writing what it sits over. It usually does not sit over cyber or employment practices liability, and you should ask whether it follows the customer goods and wrongful sale coverages. See the reviews for commercial property and business income.

Why does general liability not cover my tenants' stored goods?

The standard Insurance Services Office (ISO) general liability form excludes damage to personal property in the insured's care, custody or control (property you hold or are responsible for). Whether an operator has control of a tenant's goods is argued case by case. Leases try to keep the goods under the tenant's control, but hold-harmless language does not eliminate claims, and defending one still costs money.

That is why specialty self-storage programs offer customer goods legal liability as its own coverage. One broker in the trade press describes limits from $25,000 to $1 million, which is one practitioner's range, not a standard. A generic businessowners policy (BOP) often leaves tenant property and lien sale exposures uncovered, so ask whether you inherited a storage form or a general package. See care, custody and control and general liability. Tenant insurance and tenant protection plans are separate products from your coverage, and the contracts, licenses and bonds guide covers them.

What should I check in my first month as owner?

Work through these in order.

  1. Who is the named insured? If you bought assets, the seller's policies do not simply move to your company, because policy rights generally cannot be transferred without the insurer's written consent (the workers' comp policy says so in Part Six, and the common policy conditions say so for other lines). If you bought the entity, its policies and claims history generally stay with it, but tell each carrier about the new owners. See stock versus asset deal: who covers old claims.
  2. Which entity is on which policy? Some owners split the entity that owns the land and buildings from the one that signs tenant leases and runs lien sales (one attorney recommends it). Ask the broker how each appears on the property, liability and workers' comp policies, and which entity your lender expects.
  3. Which policies are in force? Ask for the full policies, not just the declarations pages (the summary page), and for loss runs (the insurer's claim history) for every year available.
  4. How are the two specialty coverages written? Ask for the page that names each. If one is claims-made (it pays only for claims reported while the policy is active, and only for events after a retroactive date, the earliest date of events the policy covers), ask for that date. A new policy with a new retroactive date does not cover earlier events.
  5. Does the building limit match rebuild cost? The purchase price is not the insurable value. A statement of values that was never updated makes a coinsurance penalty (the insurer pays only part of a claim when the limit is too low) more likely.
  6. What does the lender require? Ask for the loan's insurance clauses and match the building limit and named insured to them, including flood for any building in a special flood hazard area. See lender insurance requirements for a Small Business Administration (SBA) loan and the contracts guide.
  7. Report the ownership change to the workers' comp insurer. Under National Council on Compensation Insurance (NCCI) rules and several state versions of them the report is due within 90 days. Timing varies by state, and in the four monopolistic states (North Dakota, Ohio, Washington, Wyoming) coverage comes from the state fund, so ask the fund how it handles the change. See the workers' comp guide.
  8. Ask for the lien sale files. In a stock deal the company generally keeps its history, and in an asset deal who answers for the seller's earlier lien sales depends on the purchase agreement and state law, so ask deal counsel.

What should I ask about lien sales before my first one?

When a tenant stops paying, the operator can usually sell the unit's contents to recover the rent owed, without going to court, under the state's self-storage act. One industry attorney calls lien sales one of the highest liability exposures in storage and says most wrongful-sale claims come from administrative errors. A federal rule (50 U.S.C. section 3958) also limits enforcing a storage lien against a servicemember's property, and the contracts, licenses and bonds guide covers it.

For the insurance review, ask who trained the managers on notices and whether any unit was mid-process on closing day. Who answers for a pre-closing sale depends on deal structure, so that belongs with deal counsel.

A hypothetical example. A buyer closes in March. In April the new manager auctions a unit after a delinquency, using the address in the seller's software. The tenant says the notice went to an old address and the sale was wrongful. The buyer asks the broker the same day whether wrongful sale coverage is on the policy, whether it is claims-made and when the retroactive date started. The answers shape which policy, if any, the claim is reported under. The buyer gives prompt written notice to every carrier that might respond and asks counsel what the state act required.

What can wait, and what should not?

Not every coverage needs to be perfect in week one, but the order matters.

Priority in the first quarter
PriorityItemsWhy
Closing day (or now, if you have closed)Property on the buildings, general liability, workers' comp, lender-required terms, named insured, and confirmation that customer goods legal liability and wrongful sale and disposal coverage exist on the inherited policy and carry overThese exposures begin the day you own the site, and a late-starting claims-made policy may not reach earlier events
First 30 daysLimits, retroactive dates and trigger wording for the two specialty coverages, business income terms, crime, flood decision, lien sale file reviewThese decide how well the coverage fits, once you know it exists
First 90 daysCyber, employment practices liability insurance (EPLI), umbrella, pollution, vehicle and truck terms, lease reviewImportant, but each depends on how your facility operates
RenewalMarketing the program, deductible structure, limits across several sitesBetter done with a year of your own data

Put the first-quarter checklist in your lender and investor update. A storage-specific gap found in week three can often be addressed with the carrier. The same gap found after a hail or fire loss may become a covenant conversation. The first 90 days checklist applies to each acquisition. Morrow can check the declarations pages, loss runs and leases you inherited against this list. Quotes, if you ask for them, depend on carrier underwriting.

Keep reading

Frequently asked questions

What should I ask the seller's broker on day one?

Ask for the named insured, the in-force policies and forms, loss runs for every year available, and whether customer goods and wrongful sale coverage exist and are occurrence or claims-made. The seller's broker may be a good fit. These are the questions you would ask anyone.

Does my general liability policy cover a tenant's stored goods?

Usually not. Standard general liability excludes damage to personal property in your care, custody or control, and whether that applies to a storage tenant depends on the facts and the form. Ask for customer goods legal liability by name and read the wording.

Do I need separate coverage for lien sales?

Specialty storage programs offer wrongful sale and disposal liability as its own coverage, and one specialty broker describes general liability as excluding lien sale challenges. Read your own general liability wording, and ask whether the specialty coverage is occurrence or claims-made, and its limit and retroactive date.

Is a quote or certificate the same as being covered?

No. A quote is an offer and a certificate is information only. Coverage exists only when the carrier binds it and the policy wording applies.

References

Just bought a business? Get your insurance reviewed.

Send Morrow the declarations pages, loss runs and key contracts you inherited. Morrow can review them against the business you bought, flag gaps and request quotes where it makes sense. Any new terms depend on carrier underwriting.

Morrow · 25 New Chardon Street, 4th Floor, Boston, MA 02114

This article is general information, not legal, tax or financial advice, and not a coverage determination. Coverage depends on the actual policy wording, carrier underwriting, your purchase agreement and your contracts. Ask your attorney and accountant about deal and legal questions.