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The approaching end-of-year deadline for the expiration of the "make-available" provision of the Terrorism Risk Insurance Act has pushed the commercial real estate financing industry to take proactive action. This provision requires insurers to provide terrorism insurance coverage on commercial property along with regular "all risk" coverage, rather than provide terrorism insurance coverage on a "standalone" basis as they were doing in the aftermath of the terrorist attacks of 9/11.
At that time, insurers had taken the position that they did not have sufficient information to model for the risks of terrorist attacks and price the insurance accordingly. This stance on the part of insurers caused the price of terrorism insurance to go up as market forces came into play. Once TRIA was enacted, an equilibrium of a sort emerged and terrorism insurance was said to be more widely available at more reasonable prices. The provision is set to expire this year unless it is extended through 2005 by the Treasury secretary. TRIA itself is set to expire next year unless further extended by Congress.
The Mortgage Bankers Association has assumed a front-end role in asking for the provision to be extended and has conducted a study to get information about the effectiveness of TRIA. The findings are to be presented to the Treasury Department. The MBA survey was done on a base of $656 billion of commercial/multifamily mortgage debt outstanding, of which 83.5% had terrorism insurance in place. The average loan size for the 122,811 loans in the study is $5.3 million. The MBA survey covered servicers representing one-third of the $2 trillion commercial/multifamily servicing market.
According to the survey, commercial servicers expect that only 20% of their portfolios, representing $132 billion in loans, overall will have terrorism risk insurance in place by next spring if the "make-available" provision of the TRIA is not extended. The mortgage bankers' trade association said ...