What happens if I cannot meet an MSA insurance requirement?
If you cannot meet a specific MSA insurance requirement, you have several options before declining the work. First, discuss the requirement with your broker to determine if it is obtainable through a different market or endorsement. Many requirements that seem impossible through standard markets are routine in specialty tower programs. Second, negotiate with the turf vendor. Some requirements have flexibility, particularly limit amounts and specific endorsement forms. A turf vendor may accept $5M umbrella instead of $10M, or accept equivalent endorsement language if your carrier does not use the exact ISO form specified. Third, if a specific coverage is genuinely unavailable in the market (such as certain pollution coverages in some states), document the unavailability with broker letters and propose alternatives. Fourth, consider whether the cost of obtaining the required coverage makes the project economically viable. If meeting insurance requirements adds $50,000 in annual premium but the MSA generates $500,000 in revenue, the math works. If it adds $50,000 for a $75,000 project, it may not. Never falsely represent compliance on a certificate of insurance. Misrepresentation can void coverage entirely and creates fraud liability.
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