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Classification Rule

Insurance Overcharge: How CAMAudit Detects This Overcharge

If your landlord is passing through executive liability, terrorism, or environmental insurance premiums, you may be paying for specialty coverage that protects the landlord's business, not the building. These premium types can add $2,000 to $5,000 to a single year's insurance line.

Definition

Insurance Overcharge

An insurance overcharge occurs when a landlord includes insurance premium costs in CAM that are either prohibited by lease exclusions or unrelated to the standard property and liability coverage that tenants are obligated to share. Commercial leases typically permit pass-through of commercial general liability and property insurance for the building, but exclude specialty coverages, executive-level policies, and deductibles that represent the landlord's risk retention.

Key Takeaway

Not all insurance costs are pass-through eligible. Specialty, executive, and catastrophe insurance premiums that protect the landlord's interests rather than the building's operations are common unauthorized charges.

How CAMAudit Detects This

CAMAudit uses AI classification to categorize each insurance line item in your CAM reconciliation. It distinguishes between standard property and liability premiums (generally pass-through eligible) and specialty coverage types that are commonly excluded: earthquake, flood, terrorism, environmental liability, directors and officers, umbrella policies above standard limits, and loss-of-income insurance.

The tool cross-references identified insurance types against your lease's specific insurance provisions and exclusion list. When a line item matches an excluded category or an insurance type with no lease authorization, CAMAudit flags it as a potential overcharge with the specific policy type noted.

The finding report identifies each flagged insurance type, the dollar amount, and the lease provision that does or does not authorize it. When the lease's insurance language is ambiguous, CAMAudit notes that ambiguity so you can request the actual policy documentation and evaluate coverage scope against your lease terms.

Real-World Example

A retail tenant's lease permitted pass-through of "commercial general liability and property insurance for the shopping center." The reconciliation included $12,400 in "insurance premiums" broken down into property insurance ($8,200), earthquake coverage ($2,800), and directors and officers liability ($1,400). CAMAudit classified the earthquake and D&O premiums as non-standard pass-through costs and flagged $4,200 as a potential overcharge.

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Recovery of past CAM overcharges depends on your specific lease terms, including any audit rights deadlines or ‘binding and conclusive’ provisions, and on applicable state law. State statute of limitations periods apply to written contracts and range from 3 to 10 years; your actual lookback window may be shorter based on your lease. CAMAudit is a document analysis platform, not a law firm, and nothing on this site constitutes legal advice. Consult a licensed real estate attorney before initiating any dispute or legal proceeding.

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