www.insurancebroadcasting.com/052605.htm -
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Published on: 5/26/2005
Last Visited: 8/24/2005
'There are no guaranties that availability of coverage will not be as serious a problem as it was before TRIA passed, which underscores the importance of a long-term solution,' said Richard Carlson, Director, Fitch Ratings. 'The lack of a federal backstop that provides insurance companies with a way to measure risk could make pricing an issue again and lead to larger than expected increases in terrorism insurance premiums, which in turn would greatly effect large, high-profile properties in major metropolitan areas where premiums would increase substantially.'
A potential TRIA expiration would also adversely affect CMBS servicers, who currently enforce the inclusion of terrorism coverage on the loans they service and, because of changes in mortgage loan documents, may have a more difficult time demanding it if TRIA is not extended, according to Richard Carlson, Director, Fitch Ratings.
'There is greater potential for litigation as borrowers and servicers try to determine what is meant by commercially reasonable or available,' said Carlson. 'Additionally, if premiums for terrorism coverage go up, servicers may no longer be able to rely on the language of the loan documents to enforce the terrorism insurance requirements, and this may result in an unnecessary disruption to the CMBS market.'
Fitch's policy regarding terrorism coverage remains unchanged, with one exception.When the policy was established initially, it was applied primarily to single asset transactions.Four years later, fusion transactions which are concentrated with large loans, have become increasingly common, and those transactions will be reviewed closely for acceptable coverage. 'Fitch views terrorism insurance coverage as an important structural protection for bondholders, and is hopeful that TRIA will be extended for two years, which would give the market sufficient time to develop a permanent, long term solution.' said Carlson.