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    Home»Legal Updates»Penny Wise, Pound Foolish: How Inadequate Insurance Puts Borrowers and Lenders at Risk
    Legal Updates

    Penny Wise, Pound Foolish: How Inadequate Insurance Puts Borrowers and Lenders at Risk

    Why saving a few dollars on premiums can cost you your collateral and your peace of mind.
    By Jasmine Daya, COO, Geraci LLP
    October 24, 2025
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    jasmine-daya

    October 24, 2025 

    “Saving a few bucks a month can translate to losses in the hundreds of thousands, or even millions, when a claim is denied or underpaid.”

    I’ve had to sit across from people in my office and watch them well up in tears when they realize that their life savings, often entirely invested in real property, are gone because they didn’t have adequate coverage, or any coverage at all, for the specific loss they suffered.

    Introduction

    Loan officers do a great job making sure borrowers have property insurance and that the limits look “adequate.” In 2025, that’s not enough. Wildfires, hurricanes, hail, tornadoes, and urban flooding are reshaping insurance markets and the fine print, such as exclusions, sub-limits, deductibles and valuation clauses, can leave borrowers unprotected and, by extension, leave your collateral exposed.

    This year’s legislative changes, carrier withdrawals, and catastrophe-driven premium hikes mean every loan officer needs to understand what’s actually inside the insurance policy, not just that one exists.

    A Personal Perspective

    Over the years, my goal was always to get the cheapest insurance rate, and I guess it still is to an extent, by shopping around and comparing. My dad has often called me “penny wise and pound foolish”, and admittedly, that hasn’t really changed. I’ll proudly grab groceries covered in bright SALE stickers to save a few dollars, then happily splurge on an overpriced bottle of a juicy California cab with an even more overpriced ribeye, cooked to perfection at some bourgeois restaurant and without hesitation because I’ve convinced myself that I’m paying for atmosphere.

    When it comes to insurance, I’ve learned hard truths, both personally and professionally. I’ve witnessed countless gaps in coverage that borrowers and homeowners only discover when they need insurance the most.  It has completely shifted my perspective.

    Now, I focus on making sure I’m actually covered for whatever could come my way and that my deductibles are realistic should a claim arise. I’m no longer interested in chasing bargain basement insurance premiums so that I can check a box to satisfy my lender because if disaster strikes and the coverage isn’t there, I’ve basically set myself up for financial ruin. Saving a few bucks a month can translate to losses in the hundreds of thousands or even millions when a claim is denied or underpaid. Those are losses most borrowers, and even lenders, never truly recover from.

    I’ve had to sit across from people in my office and watch them well up in tears when they realize that their life savings, often entirely invested in real property, are gone because they didn’t have adequate coverage, or any coverage at all, for the specific loss they suffered. I’ve suffered from anxiety while starting at the phone, convincing myself that telling my clients the painful news that’s about to upend their lives needs to be done and sooner rather than later.  It’s heartbreaking, and it’s preventable. The wrong insurance policy can devastate not only a borrower’s life but also the lender’s secured position.

    Regional Realities: 2025 Snapshot

    West: Wildfires and a Reshaped California Market

    California’s homeowners market continues to churn. In 2025, new legislation strengthened the state’s FAIR Plan to stabilize claim payments and expand coverage options. Yet, many private insurers have either pulled back or implemented steep rate increases.

    Watch for:

    • Wildfire exclusions and “defensible-space” requirements buried in endorsements.
    • “Actual cash value” settlements that significantly reduce payouts for older roofs.
    • Ordinance or law coverage limits too low to meet new building codes.

    For loan officers, these exclusions can mean a damaged or destroyed property that can’t be rebuilt, rendering your collateral worthless.

    Southeast & Florida: Hurricanes and Policy Transitions

    Florida’s ongoing effort to shift policies out of Citizens Property Insurance Corporation has created confusion for borrowers and lenders alike. Borrowers may not realize that their new private policy has higher deductibles, different exclusions, or limited wind coverage.

    Watch for:

    • Hurricane deductibles of 2–5% of the dwelling limit.
    • Flood and wind-driven rain exclusions.
    • Roof or “cosmetic damage” limitations that can gut claims.

    Gulf States: Fragile Progress

    Louisiana remains one of the costliest states for property insurance, though capacity is improving. Even with new entrants, policy language has tightened.

    Watch for:

    • Actual cash value roof settlements unless upgraded by endorsement.
    • Anti-concurrent causation clauses that bar coverage when wind and flood combine.

    Midwest: Hail, Tornadoes, and Hidden Deductibles

    Across Texas and the central U.S., hail and tornado events remain major loss drivers. Many policies now include percentage-based hail deductibles or cosmetic damage exclusions that borrowers rarely understand.

    Watch for:

    • 1–5% hail deductibles tied to dwelling value.
    • Exclusions for cosmetic damage that may void roof or siding claims.
    • “Matching” limitations – insurer only replaces visibly damaged sections, leaving patchwork results.

    Northeast: Flooding and Urban Storms

    Inland flooding is a growing threat as severe rain events increase. Borrowers often assume they’re covered, but homeowners policies exclude flood. Unless a separate NFIP or private flood policy exists, they’re uninsured.

    Watch for:

    • Sewer backup and sump overflow coverage – available only by endorsement.
    • Contents and basement coverage restrictions under standard flood policies.

    The Fine Print That Blows Up Claims (and Loans)

    1. ACV vs. Replacement Cost— depreciation can reduce claims by 50%+.
    2. Ordinance or Law Coverage— sub-limits too low for rebuild compliance.
    3. Named-Storm or Wind/Hail Deductibles— shock deductibles that borrowers can’t afford.
    4. Cosmetic Damage Exclusions— roof dents and siding issues excluded.
    5. Flood Exclusions— no coverage for storm surge, surface water, or overflow.
    6. Anti-Concurrent Causation Clauses— one excluded peril can nullify the entire claim.

    Forced-Placed Insurance: A Last Resort That Hurts Everyone

    When a borrower fails to maintain coverage, servicers may impose forced-placed insurance (FPI) under CFPB Regulation X (RESPA §1024.37). FPI policies typically:

    • Cost 2–3× more than standard policies.
    • Protect only the lender’s interest, not full restoration.
    • Inflate monthly payments, increasing default risk.

    The result? Higher costs, delayed repairs, and additional servicing headaches for both sides.

    The Loan Officer’s Role

    In today’s environment, it’s not enough to check that insurance exists or that the limit matches the loan amount. Loan officers must understand the exclusions and ensure that policies genuinely protect the property.

    That means:

    • Verifying replacement-cost coverage and reasonable deductibles.
    • Checking for flood and catastrophe endorsements.
    • Ensuring the lender is listed as mortgagee or loss payee.

    A few extra minutes of diligence up front can prevent catastrophic losses later.

    Final Thoughts

    Property insurance isn’t just a closing requirement; it’s an integral part of protecting your borrower and your loan. Cheap insurance might satisfy the lender box, but it doesn’t rebuild a home, restore income, or protect an investment.

    Obtaining a legal opinion can assist lenders, investors, and homeowners review their insurance coverage, resolve claim disputes, and recover losses. In an era where disasters are becoming the norm, not the exception, understanding what your insurance truly covers isn’t just smart, it’s essential.

    jasmine-daya

    Jasmine Daya, Esq.

    Founder of JD & Co COO and Co-founder of Geraci LLP

    Jasmine Daya is a lawyer and firm owner at JD & Co. in Toronto, and currently serves as COO at Geraci LLP in Arizona and California. She is the author of Law Girl’s Bump in the Road and the JD in the Kitchen cookbooks, host of the Law Girl Podcast, a real estate investor, and former owner of Toronto venues Pravda, Bar 244, and Angel’s Den.

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