For commercial property insurance in Maryland, the risk comes mostly from water, and it comes from three directions. The Atlantic reaches Ocean City with coastal storms. Chesapeake Bay tidal flooding is getting measurably worse in Annapolis and along Baltimore's waterfront. And in the Piedmont, a small creek can turn violent: one stream wrecked Ellicott City's historic main street in 2016 and again in 2018, less than two years apart. Flood is excluded from the property form everywhere in the state, so each of those three exposures needs its own answer.
The state's biggest advantage for an owner is a legal one. Maryland is one of the last places in the country that applies pure contributory negligence, which means an injured person who was even slightly at fault recovers nothing. That keeps premises liability claims smaller and general liability cheaper than in the neighboring states. This page covers how Maryland regulates the market, how coastal, tidal and flash flooding are underwritten, and how we place senior living, apartment, hotel and car wash properties from Baltimore and Columbia to Annapolis, Frederick, Rockville and Ocean City.
Who regulates property insurance in Maryland
Maryland Insurance Administration
Contributory negligence and what it does to liability
The Maryland Insurance Administration, in the card above, is an independent state agency under a commissioner the governor appoints. As the card notes, the rule that shapes Maryland's commercial market most comes from the courts: their continued use of pure contributory negligence.
Under that rule, a visitor who slips on an icy walk but was partly careless recovers nothing, where in most states the same claim would be reduced and paid. That lowers what a premises claim is worth, so carriers price premises liability for visitors, tenants and guests lower here than across the state lines. For an apartment, hotel or senior living owner, that is a real part of the program's value, and we keep the liability placement visible so an owner can see it.
There is one exception inside the state. Baltimore City is priced as its own venue, and habitational liability there costs more than in the rest of Maryland. An owner with buildings in the city and in the counties should expect the two to be rated differently, and should compare them separately. The difference follows the venue rather than the building: the same complex can carry a noticeably different liability price depending on which side of the city line it stands, so a mixed schedule should give each building's address plainly and let the rating follow it.
Surplus lines has three main customers in Maryland: waterfront property, commercial corridors that sit close to flood exposure, and older habitational stock in Baltimore. Each is placed with the Administration's filing rules followed and after the admitted market has been tried.
What carriers underwrite for in Maryland
- Coastal flood
- Hurricane
- Nor'easter
- Flash flood
- Winter storm
- Severe convective storm
- Hail
The ocean, the bay and the creek
At Ocean City, the exposure is the Atlantic storm, and named storm deductibles apply there. A named storm percentage is measured against insured value, so an owner should see it in dollars, and on a financed building it needs checking against the Fannie Mae, Freddie Mac and HUD limits before binding.
On the Chesapeake, the exposure is slower and more certain. Tidal flooding in Annapolis and along Baltimore's waterfront is getting worse on a measurable trend, not only in storms, and the mapped flood zones along the bay and the coast are extensive. Lenders require flood cover across much of that waterfront, and the National Flood Insurance Program limits usually leave a commercial building needing an excess layer. A waterfront program is a property policy and a flood program written to meet, which is why we set property cover written to meet the flood layer beneath it rather than treating them as two purchases.
In the Piedmont, the lesson is Ellicott City. A creek that looks harmless can destroy a street of commercial buildings, and it can do it again two years later. Buildings on low ground near a stream deserve a flood decision whatever the map says, and income cover for a main street closed by flash flooding should be sized on how long a flooded street of older buildings really takes to reopen. Nor'easters and winter storms are the events Maryland sees most often. They bring snow, ice and coastal wind together, and on the bay they push storm tide on top of water that is already rising. Summer storms bring wind and hail across the whole state, which puts roof age and condition into every Maryland file, not only the waterfront ones.
The Maryland market right now
Admitted and surplus lines in Maryland
Insurance requirements when the loan is HUD, Fannie or Freddie
Maryland and the four classes we place
Water and the liability rule reach each class differently.
Senior living
A community near the bay or a Piedmont stream needs a plan for moving residents before water arrives, and the contributory negligence rule helps its premises liability. HUD Section 232 communities in Maryland are licensed by the Maryland Department of Health. See senior living communities near tidal water.
Apartments
Older Baltimore apartment stock is one of the groups most likely to be quoted in surplus lines, and it carries the city's higher liability rating. Waterfront complexes need flood above the federal limit. Under one owner, a complex on the water in Annapolis and one inland in Frederick can face entirely different flood questions. Our page on apartment owners with older city buildings covers the class nationally.
Hotels
An Ocean City hotel carries the named storm deductible and the flood question together, and both belong in its first conversation with an underwriter. The liability rule is a real help to a hotel, which has the public on its premises every day. More on hotels on the ocean and the bay.
Car washes
A car wash on low ground near a creek shares Ellicott City's exposure, and its equipment sits at floor level. Away from the streams, a wash is underwritten mostly on its roof, which summer hail across the state puts to the test. See car wash sites on low ground near a creek.
Where we place business in Maryland
- Baltimore
- Columbia
- Annapolis
- Frederick
- Rockville
- Ocean City
What we need to quote a Maryland property
A Maryland underwriter wants to know where the water is, and where the building is in relation to Baltimore City.
- Property, liability and flood declarations pages, with every endorsement.
- A replacement cost schedule with each building's address, so city and county buildings are rated correctly.
- Flood zone, elevation and distance to the bay, the ocean or the nearest stream, for every building.
- Any history of tidal or flash flood water in the building.
- Five years of property and liability loss runs.
- For financed buildings, the lender's flood and named storm deductible requirements.
What an owner gets right in Maryland
A Maryland program done well has two halves that owners often handle separately: a flood position that fits the building's water, whichever direction it comes from, and a liability placement that captures the value of contributory negligence. We put both in front of an owner with the price. Where a schedule mixes Baltimore City and county buildings, we show the liability cost for each separately, so the owner can see what the venue costs and what the contributory negligence rule saves.
We place property and liability for senior living, apartment, hotel and car wash owners across Maryland. See how a Maryland program is built and why waterfront and city owners use a specialist broker. Owners across the state lines can compare Virginia, which shares the contributory negligence rule, Delaware's bay shore and beach flood market and West Virginia's flash flood valleys.
Send the declarations pages and a schedule of values to request a Maryland quote.
Alex Toler is not yet licensed in Maryland. For a Maryland property, he obtains a Maryland nonresident producer license before any coverage is placed.
Official Maryland sources
Primary sources for the rules and the flood, wind and wildfire data this page refers to.