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Business Insurance in Hawaiʻi: Understanding Exclusions in Your Insurance Policy

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Business Insurance in Hawaiʻi: Understanding Exclusions in Your Insurance Policy

Key Takeaways

  • Flood and earthquake damage are excluded from most standard commercial property insurance policies. 

  • Equipment breakdown from mechanical or electrical failure typically requires separate coverage. 

  • Cyber incidents are generally not covered under standard commercial insurance policies. 

  • General liability insurance policies may exclude key exposures for Hawaiʻi businesses, including liquor liability and professional services. 

  • Higher costs in Hawaiʻi mean commercial property coverage limits set years ago may no longer be enough. 

 

Insurance policies aren't designed with exclusions to leave business owners under protected, but a power outage that wipes out your perishable inventory, a storm that forces you to close, or a customer’s credit card information that is stolen when your point of sale system is compromised can quickly reveal gaps you never knew existed. Insurance policies are built around standard risks, and the coverage gaps that exist are often ones that can be filled if you know the right questions to ask. Understanding what your policy covers, what it doesn't, and what options are available to you is the difference between a claim that gets you back on your feet and one that sets you back for years or indefinitely. 

Here are the coverage gaps Hawaiʻi business owners most commonly encounter, and what to do before you find out the hard way. 

Common exclusions in standard commercial insurance policies include: 

  • Flood damage 

  • Earthquake damage 

  • Equipment breakdown from mechanical or electrical failure 

  • Cyber incidents, including data breaches and ransomware 

  • Liquor liability and professional services under general liability 

Flood and Earthquake Damage Are Not Covered by Default 

Flood related losses caused by storm surge, overflow of tidal or inland waters, rapid surface water runoff and mudflows, are typically excluded from standard commercial property insurance policies. Many business owners assume flood related losses caused by a major storm would trigger their property coverage, but in most cases, it will not be unless flood insurance was purchased separately. 

Federal flood coverage through the National Flood Insurance Program (NFIP) carries a 30-day waiting period before it takes effect [1, 2]. Separately, private insurers who do offer flood coverage may implement a named storm moratorium – or temporary freeze in issuing new policies – once a tropical storm or hurricane enters the region, so flood insurance needs to be in place well before a weather threat develops. 

Standard commercial property insurance policies also exclude earthquake damage. Separate earthquake coverage is available but often comes with high deductibles. A local insurance agent can help you weigh coverage costs against the risk in your specific location. 

Equipment Breakdown Is a Separate Coverage 

Standard property coverage protects against damage from outside events like fire or wind [3]. It generally does not cover equipment that fails internally from mechanical breakdown or electrical failure [4]. 

For a restaurant, that could mean a walk-in cooler fails overnight and all perishable inventory inside is lost. The property loss and the equipment replacement are two separate things and may require two separate coverages. Equipment breakdown coverage can often be added as an endorsement to an existing policy. 

Read more: Insurance Essentials for Hawaiʻi Restaurants: A Practical Guide for Local Restaurant Owners - Island Insurance 

General Liability Has Limits 

A commercial package policy, which normally includes general liability and property coverage parts, typically excludes exposures like liquor liability and injuries or damage caused by negligently performed professional services and operation of watercraft or aircraft [7]. 

In Hawaiʻi, those gaps could leave your business vulnerable. A restaurant that serves alcohol but lacks liquor liability coverage is exposed to significant risk, as a single incident involving an intoxicated patron could lead to a costly uninsured claim. An accounting office that offers inaccurate tax advice could be vulnerable to an errors or omissions (E&O) claim by the accountant’s client. A tour boat operator without marine coverage may be exposed after an on-water accident. Additional insurance policies or endorsements can address these gaps, but only if you know they exist. 

Cyber Incidents Fall Outside Standard Coverage 

General liability insurance policies typically exclude electronic data damage, and standard property insurance excludes digital asset losses [5]. That means if a hacker accesses your customer records or ransomware shuts down your systems, you may be left paying those costs out of pocket. 

The financial fallout from a data breach can be extensive, often encompassing legal fees, forensic IT investigations, regulatory reporting, customer notification costs, and revenue losses caused by operational downtime. Insurance experts now consider cyber liability losses to exceed the risk of fraud or theft for many businesses [6]. Standalone cyber liability coverage is designed to address these specific costs. 

Outdated Coverage Limits Are a Hidden Risk 

Even a comprehensive insurance policy with fewer exclusions can fall short if the coverage limits no longer reflect the cost to repair or replace damaged property. Construction materials and labor in Hawaiʻi run higher than on the U.S. mainland because most materials arrive by container ship. As a result, a building limit of insurance that may have been adequate five years ago may fall well short of current reconstruction costs, leaving the business underinsured. 

The same applies after making improvements, buying new equipment, or expanding operations. Reviewing limits of insurance with your agent at each renewal is a straightforward step toward staying adequately covered.

Read more: Protecting Your Business Property: A Guide to Commercial Property Insurance for Hawaii Business Owners - Island Insurance 

Review Your Coverage Before You Need It 

Coverage gaps are not buried in fine print to trip you up. Standard commercial insurance policies are built for general use, not for the specific conditions of doing business in the islands. That difference is worth addressing before a storm, a data breach, or a piece of failed equipment disrupts your business. 

A local agent familiar with Hawaiʻi's risk environment can review your current coverage, identify gaps, and walk you through options. The right time to ask those questions is now. 

Disclaimer: This article is for general informational purposes only and does not constitute insurance advice, a coverage determination, or a guarantee of availability. Policy terms, conditions, exclusions, and availability vary. Please consult a licensed insurance professional for guidance specific to your business. 

Frequently Asked Questions

No. Flood damage is excluded from most standard commercial property insurance policies. Flood related losses caused by storm surge, surface water runoff and overflow of tidal or inland water all require separate flood insurance. NFIP flood policies also include a 30-day waiting period before coverage takes effect.

Generally, no. Standard property coverage protects against outside events like fire or wind but does not cover equipment that fails internally due to mechanical breakdown or electrical failure. Equipment breakdown coverage usually must be added separately.

Earthquake damage is excluded from standard business owner policies and commercial property insurance policies. A separate earthquake policy is required, and these policies often come with higher deductibles. 

Not typically. General liability insurance policies may exclude key exposures such as liquor liability, professional services, and the operation of watercraft or aircraft. For many Hawaiʻi businesses, such as restaurants and tour operators, these exclusions can create significant coverage gaps.

Higher construction and labor costs in Hawaiʻi mean that commercial property limits of insurance set years ago may fall short of today’s actual rebuild or replacement costs. Improvements, expansions, or new equipment can also change what your policy should cover, making annual reviews essential.


Sources 

  1. Federal Emergency Management Agency (FEMA). National Flood Insurance Program.https://www.fema.gov/flood-insurance 

  2. National Flood Insurance Program for Agents. The Ins and Outs of NFIP Commercial Coverage.https://agents.floodsmart.gov/articles/ins-and-outs-nfip-commercial-coverage 

  3. Insurance Information Institute. What Does a Business Owners Policy (BOP) Cover?https://www.iii.org/article/what-does-businessowners-policy-bop-cover 

  4. Insurance Information Institute. Property Insurance.https://www.iii.org/publications/insuring-your-business-small-business-owners-guide-to-insurance/specific-coverages/property-insurance 

  5. Insurance Information Institute. Small Business Insurance Basics.https://www.iii.org/article/small-business-insurance-basics 

  6. Insurance Information Institute. Cyber Liability Risks.https://www.iii.org/article/cyber-liability-risks 

  7. Insurance Information Institute. Commercial General Liability Insurance.https://www.iii.org/article/commercial-general-liability-insurance 

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