Beyond Theft: The Wider Challenges of Insuring Fine Art

This article is by Mike Hall, development underwriter, risk and insurance expert at Specialty insurance managing general agent (MGA) Fiducia

The theft of paintings from the Renoir Museum in Cagnes-sur-Mer in September brought the security of valuable artworks into sharp focus.

The incident followed a string of high-profile thefts in museums, serving as a stark reminder of the risks facing not just major national cultural institutions, but also smaller galleries and collections.

It also put a spotlight on a broader insurance challenge. Securing policies for fine art items, where value, custody and the potential costs of damage or loss all need to be considered, is complex.

Two of the paintings stolen from the Renoir Museum were on loan from the Musée d’Orsay in Paris. What happens when ownership and custody sit with different parties?

Recovery is another issue. Even if retrieved, damage sustained during a theft or while an item is missing could require specialist restoration, and a successful repair is not guaranteed to return previous market value.

For brokers, these issues reinforce the need to look beyond theft and consider how cover responds throughout an artwork’s ownership, movement, display and storage.

Why purchase price might not reflect value

Regular professional valuations are important in establishing a shared understanding of risk exposure and a financial basis for arranging cover.

Market movements can leave an original purchase price out of step with current value. Although valuations can’t capture everything that makes an artwork culturally significant, they can establish the appropriate sum to be insured in line with changing market conditions.

They do need to be reviewed regularly though. Artwork faces a unique and shifting mix of physical, environmental and transit risks, and market value can change over time. Regular valuations are important in identifying potential underinsurance and whether existing policy limits remain appropriate.

Clients should also understand how their policy values an item when settling a claim. Is it based on a pre-agreed value, or the market value at the time of loss?

Any updated valuation should prompt a review of the policy schedule and, where necessary, an adjustment to the sum insured. Commissioning a valuation alone will not resolve a shortfall if the cover remains unchanged.

Determining responsibility at each handover

Gallery consignments and museum loans involve several changes of custody. A private collector or museum might appoint a specialist handler to pack work before it is collected by a transport company, with temporary storage sometimes needed before installation.

These movements are part of everyday business, however artwork is vulnerable when it is on the move. Accidental damage and mishandling during transit are frequently cited as leading causes of fine art insurance claims.

Mapping the journey alongside the loan or consignment agreement will help establish who has undertaken to arrange insurance. It can also help identify whether the policies fulfil those commitments.

For example, an exhibition that is extended would require insurance dates to be revised to accommodate the later return and reinstallation.

A handler’s or carrier’s liability insurance also needs examination. Recovery may depend on establishing legal liability whereas contractual limits could restrict the amount payable. Brokers should understand how this operates alongside insurance on the artwork itself.

Plans may change too in response to security concerns. If a museum moves an object off display into storage, arrangements might need reviewing to make sure cover reflects the new location and any transportation.

Where standard cover can fall short

Although Commercial Combined policies can provide appropriate protection for many day-to-day assets, fine art presents specialist exposures that standard policy wording, limits and valuation methods may not adequately address.

Brokers should check how a policy treats borrowed works and other items belonging to third parties. This includes any conditions or sublimits.

Cover for borrowed works or items away from the premises might be restricted and leave gaps in cover when artwork is on loan or sent somewhere for restoration. Several works travelling together can also create an exposure exceeding a conveyance limit.

On the other hand, specialist fine art insurance can be arranged to follow an item throughout its consignment. “Nail-to-nail” cover is intended to operate from removal at its original location through to return and reinstallation, including the exhibition period.

Another key advantage is that a fine art policy can provide higher limits tailored to the value of individual items or entire collections.

This includes where multiple assets are held together, for example, at an exhibition, warehouse or storage facility.

The financial loss after repair

Unfortunately, restoring an artwork’s physical condition doesn’t always restore its financial value.

For example, say a painting valued at £100,000 is damaged. Even if the restoration is successful, its market value could still decline significantly due to the damage history. A standard commercial property or liability policy would pay for the physical restoration cost however it wouldn’t account for the commercial diminution of value.

Specialist fine art cover can include depreciation following insured damage. With that said, brokers should still check this explicitly rather than assume that cover for repairs also addresses any reduction in market value.

Specialist conservators can advise on treatment and an experienced valuer can assess any remaining loss in value. Early involvement of the insurer allows restoration decisions to be agreed before work begins.

A proposed loan or exhibition provides a practical opportunity to revisit these arrangements. That review should bring together the current value of the artwork, responsibility at each handover and the potential cost of both restoration and depreciation.

Ultimately, fine art insurance needs to reflect where an artwork goes, whose care it is in and what a loss could really cost. For brokers, the opportunity is to resolve those questions before a claim exposes the gaps.

 

About alastair walker 21131 Articles
20 years experience as a journalist and magazine editor. I'm your contact for press releases, events, news and commercial opportunities at Insurance-Edge.Net

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