Is zoning covered?

Yes. The Pool has incurred more than $4 million in zoning and land use claims from our members in the past five years. That's an average of $900,000 in annual claims. Members submitted 340 zoning and land use claims for defense and indemnity during the same period.

The Pool provides broad coverage for zoning and land use claims under the Public Officials Liability coverage section. For example, zoning claims alleging violation of civil rights or lack of due process are specifically covered, as are allegations of arbitrary or capricious land use decisions.

It is not unusual for a claimant to seek injunctive relief, rather than monetary damages. Most insurers exclude claims for non-monetary damages, but Pool members have an additional service available for these claims. Legal review of the claim by Pool attorneys who are expert in land use litigation is available upon request. Pool attorneys will review the material and provide an opinion on the merits of the claim and probable outcome. The Pool will assume the expense of this review.

The Pool defends members for claims alleging a "taking" of property. If a court awards compensation to the claimant for the "taken" property, the amount of compensation is not insurable. Our intent is to provide Pool members with comprehensive zoning coverage, without encouraging the adoption of strict "no growth, no negotiation" land use policies that other Pool members would subsidize through their insurance premiums.