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Senior Living Liability

Question

Why does ordinance or law coverage matter more for a licensed care facility?

Short answer

Because you rebuild to two codes at once: ordinary construction code and the physical plant standards attached to your license and certification, and an older facility operating lawfully on nonconforming status loses that status once it rebuilds, so the replacement has to meet current standards throughout.

What the coverage does

Ordinance or law coverage pays the additional cost created when a law forces you to rebuild differently from what was there. It comes in three parts: the value of the undamaged portion a code official orders demolished, the cost of that demolition, and the increased cost of construction to meet current requirements.

The third part, usually labeled Coverage C, is where the money is for a care facility, and it is the part most often left at a small default sublimit that nobody chose deliberately.

The second code nobody budgets for

A licensed care facility is subject to physical plant standards attached to its licensure and, where certified, to federal requirements. Corridor widths, door dimensions, fire suppression, emergency power capacity, room configuration and bathing facilities are all specified.

Many older facilities operate lawfully under grandfathering or waivers against standards that have since changed. That status attaches to the existing building. Rebuild it and the replacement is a new building, held to current standards, with no grandfathering.

What that does to a partial loss

The scenario that hurts is not a total loss, it is a substantial partial loss. A fire damages a wing. The code official requires that the repair bring the affected area, and sometimes more than the affected area, up to current standards.

Now the cost to repair exceeds the cost to replace what was there, potentially by a wide margin, and the property policy without adequate ordinance or law coverage pays the latter. The operator funds the difference or does not reopen the wing, and a wing that does not reopen is beds that do not generate revenue.

How to size Coverage C

Not by rule of thumb. Ask an architect or a code consultant familiar with your licensure category what it would cost to bring your building to current physical plant standards. That is a real number and it is the number Coverage C should be sized against.

Older buildings, converted buildings and buildings that have been expanded in phases carry the largest gaps, because each of those conditions increases the distance between what exists and what current standards require.

The related terms to check at the same time

Confirm the property is written on replacement cost rather than actual cash value, and specifically check for a roof surfacing endorsement, which quietly moves roofs to actual cash value in a hard property market while the declarations page still says replacement cost.

Confirm insured values reflect current construction costs rather than a valuation from several years ago, because an underinsured building triggers a coinsurance penalty at claim time even on a replacement cost form.

And if you carry a HUD-insured mortgage, confirm the whole property program still satisfies the loan requirement schedule, since a valuation change is exactly the sort of renewal adjustment that puts a borrower out of compliance without anyone noticing.

Primary sources

Sources and references

This answer draws on the following regulatory, statutory, and standards-body sources. Coverage availability and program structure also depend on market appetite and underwriter discretion not captured by these sources.

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Insurance clauses in this area

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