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Why Ordinance or Law Insurance Is Essential for Small Businesses

Ordinance or Law (O&L) insurance is important in commercial property insurance, especially for small business owners. It helps cover the additional costs of rebuilding or repairing a structure in accordance with current building codes after a covered loss.

Building codes are regularly updated and vary significantly by state, city or locality. A building that once met all requirements may require upgrades or repairs to remain compliant. O&L insurance helps address the additional costs that arise, offering financial protection when code-related updates are triggered during repairs.

Key trends

  • Florida, Colorado and the western states of the US face increased O&L claims due to natural disasters, necessitating compliance with updated building codes.1
  • Multi-tenant retail spaces face challenges when code updates inflate repair costs.2
  • Aging infrastructure across many US regions is leading to higher O&L claims, as older structures require significant upgrades to meet current standards.
  • Hotels and restaurants often encounter O&L claims due to zoning laws and policy limitations that may prevent reconstruction, leaving parts of properties uninsured.3

Understanding Ordinance or Law insurance

O&L insurance has three main components that work in tandem during a claim to ensure comprehensive coverage. Without O&L insurance, businesses can face significant financial difficulties and delayed repairs or reconstruction.

1. O&L coverage A

When local building codes require the demolition of undamaged parts of a building after a partial loss, coverage A helps cover the value of those undamaged portions.

For example, if a restaurant's front wall is damaged and local regulations require all exterior walls to be rebuilt as per current standards, coverage A will cover the value and rebuild costs of the "undamaged" portions, even though they were not affected by the original damage.

2. O&L coverage B

This component covers the demolition and debris removal expenses, ensuring the owner doesn't not bear the financial burden of the necessary removal of the undamaged portion.

For instance, if a bakery has been partially damaged by a fire accident, but the building codes require the entire structure to be demolished and rebuilt to meet current standards, coverage B of your O&L insurance will cover the cost of demolishing the undamaged parts of your building.

3. O&L coverage C

The need for significant upgrades on an older structure to comply with new regulations can increase the expected construction costs due to the required mandatory improvements. This situation is where coverage C comes into play.

For example, if updated building codes mandate the installation of fire sprinklers in a commercial space, coverage C of O&L insurance would pay for the costs associated with installing the sprinklers.

"Standard business interruption insurance covers losses during the initial repair phase, but it generally excludes the additional time required for code upgrades unless specified in the policy. This is why businesses should have O&L insurance with the maximum available sublimit."

Brett Kubasek, Insurance and Risk consultant, Gallagher Small Business

Understanding sublimits in local ordinances and regulations

A sublimit is a specific limit within an insurance policy that applies to certain types of coverage, such as the increased construction cost under coverage C in O&L insurance. Coverage C is subject to a sublimit that defines the maximum amount an insurer will pay for increased construction costs. Therefore, adequate sublimit is vital to complying with evolving local ordinances and building codes.

Case study: Colorado warehouse

The Green Roof Initiative, introduced in Colorado in 2018, mandated that buildings (with a gross floor area of 25,000 square feet or greater) incorporate sustainable features — such as vegetative roofing, solar panels, enhanced insulation or carbon offset payments — when undergoing major roof repairs or replacements.

Brett Kubasek describes a challenging situation with one of his clients, a large warehouse owner in Colorado. The warehouse sustained hail damage, necessitating repairs. Under the Green Roof Initiative, the client was required to comply with new environmental standards. The most cost-effective option was to enhance the building's insulation, which increased construction costs by approximately $250,000.

This case highlights the importance of O&L insurance in adapting to regulatory shifts and underlines the importance of routinely reassessing insurance limits to stay aligned with changing requirements, including standards set by the Americans with Disabilities Act (ADA).

How can an insurance advisor help?

Insurance advisors help businesses navigate the complexities of O&L insurance by:

  • Reviewing policies to ensure adequate coverage
  • Negotiating a higher sublimit to protect against unforeseen costs
  • Providing insights into local building code changes and their implications
  • Assisting in understanding lease agreements and determining coverage responsibilities
  • Helping businesses stay informed about the legal landscape and the frequency of changes in building codes

Contact us today to learn how we can support your business in protecting against evolving regulations.


Sources

1"How Law & Ordinance Coverage Will Impact Your Insurance Claim," Ultra Property Damage, accessed 17 Jul 2025.

2"Resolving Ordinance and Law Coverage Gaps in Commercial Insurance Claims for Multi-Tenant Retail Properties," The David Group, 28 Dec 2024.

3"How Can Hospitality Businesses Handle Denied Insurance Claims?" McLeod Law Group, 16 May 2025.


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The information contained herein is offered as insurance Industry guidance and provided as an overview of current market risks and available coverages and is intended for discussion purposes only. This publication is not intended to offer financial, tax, legal or client-specific insurance or risk management advice. General insurance descriptions contained herein do not include complete Insurance policy definitions, terms, and/or conditions, and should not be relied on for coverage interpretation. Actual insurance policies must always be consulted for full coverage details and analysis.

Insurance brokerage and related services provided by Arthur J. Gallagher Risk Management Services, LLC. License Nos. IL 100292093/CA 0D69293