Umbrella insurance policy, is it necessary?

Question

Hi All!

I'm about to close on my first property, a 4plex in Pittsburgh, Pa. Due to better mortgage rates I chose a conventional residential mortgage over commercial. Since the property will be in my name, not my LLC, should I purchase umbrella insurance?

Thanks in advance for your thoughts!

Weston Couch · Answer

I would go beyond just the insurance, especially with your multi-unit situation, though insurance would certainly be good to have.

When I sit down with clients I will always discuss (1) their personal assets, (2) what their current investments portfolio and other business ventures are, and (3) their future goals. Each of these variables will dramatically change the advice I give the individual asking me this question. I often break it down into the "five pillars" of protecting your assets.

The first pillar is avoiding unnecessary and risky activities (don't drink and drive, insurance generally won’t cover your poor decisions) and take good care of your investments - these simple steps will help you prevent lawsuits before they even occur.

The second pillar is a good insurance policy as that cover the majority of your exposure. However, insurance is limited because it only protects you from one type of liability: accidents/negligence. Insurance doesn’t protect you from any part of the sale or acquisition of a property (e.x. Somebody wanting to sue for you backing out of a bad deal or accusing you of selling them a property with defects like unknown termite damage). Insurance also doesn’t protect you from misunderstandings, especially those made in writing and email. What happens in these misunderstandings is that something goes wrong either in the sale or after, and then they sue you for some statement you made that they “misunderstood”. That lawsuit is a claim for fraud, and that’s what fraud typically is...a misunderstanding and someone being “injured” and wanting to hold the other responsible for it. Insurance never protects you from these kinds of claims and they happen all the time.

The third pillar applies after you have good insurance You need to protect yourself from what insurance doesn't cover by compartmentalizing your assets. Compartmentalization means that if something happens to one property they can't touch you or the other properties. You should use either check out this article to learn more.

The fourth pillar is somewhat similar - you want to separate your operations from your assets. One company owns everything and does nothing (this is your SLLC a/k/a "asset holding company") and a completely separate company handles all of your operations (this is a traditional LLC a/k/a "operating company") For the operating company which serves as your face to the world and through which you do all your business, you establish a Traditional LLC to carry out the operations of your investments. The operating company takes on all of the liability that would otherwise blow back on you including: paying property management, paying contractors, collecting rent, marketing, etc.

The fifth pillar is owning everything anonymously. If people don't know what you own, then they are less likely to sue. People don't sue people that qualify for food stamps. This anonymity can be accomplished for free by using Trusts to own your companies as well as the assets. Trusts create this anonymity by removing your name from public record. Even if they can see you used to own a property, when properly transferred it will look like it was sold to investors. If they somehow guess you are the owner still, it doesn't matter because you are not the owner. The trust and the LLC are the owner of the asset/real estate, so even in the scenario that they guess, they guess wrong.

Marc Winter · Answer

Go for both--umbrella now, then transfer into LLC.  Come on, no one wants to pay for insurance...  until they actually need it.

Marc Winter · Answer

@Patrick O'Shea, if you do the LLC correctly, you may be able to avoid anything but the recording fees.  Check with a competent professional.

Ashley Henderson · Answer

Update, I added the umbrella policy.

Thanks everyone for your help!

Sam Shueh · Answer

What is the liability on the MFH and your own principal home if getting sued? You have 4X more than a SFH getting someone interested in your assets.

Patrick O'Shea · Answer

@Marc Winter, excellent information. I bought a property in my own name and was discouraged I would have to pay another $20k to put it in an LLC. Thanks!

Heath M. · Answer

I went with the 1M umbrella policy as well.  Figured it was well worth the cost to have that "extra" insurance.  I've also got a series LLC set up but haven't used more than one LLC yet. I'm using it as my property management side.

Patrick O'Shea · Answer

@Marc Winter, if you do this transfer do you have to pay the stamp tax again with the transfer of title?

Mike McCarthy · Answer

For the ~$200/yr you’ll pay, it’s well worth it. Considering it also covers your auto and home policies.

It’s amazing how quickly a car accident or house issue can break through the liability limits of normal policies. It probably doesn’t happen often, but it helps me sleep better.

Ashley Henderson · Answer

@Dennis M. I’ll have the policy paperwork tomorrow. I believe it’s for $1 million in coverage.

Umbrella insurance policy, is it necessary?

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