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All Forum Posts by: Weston Couch

Weston Couch has started 8 posts and replied 123 times.

Post: Umbrella insurance policy, is it necessary?

Weston CouchPosted
  • Attorney
  • Austin, Tx
  • Posts 128
  • Votes 97

I would go beyond just the insurance, especially with your multi-unit situation, though insurance would certainly be good to have.

When I sit down with clients I will always discuss (1) their personal assets, (2) what their current investments portfolio and other business ventures are, and (3) their future goals. Each of these variables will dramatically change the advice I give the individual asking me this question. I often break it down into the "five pillars" of protecting your assets.

The first pillar is avoiding unnecessary and risky activities (don't drink and drive, insurance generally won’t cover your poor decisions) and take good care of your investments - these simple steps will help you prevent lawsuits before they even occur.

The second pillar is a good insurance policy as that cover the majority of your exposure. However, insurance is limited because it only protects you from one type of liability: accidents/negligence. Insurance doesn’t protect you from any part of the sale or acquisition of a property (e.x. Somebody wanting to sue for you backing out of a bad deal or accusing you of selling them a property with defects like unknown termite damage). Insurance also doesn’t protect you from misunderstandings, especially those made in writing and email. What happens in these misunderstandings is that something goes wrong either in the sale or after, and then they sue you for some statement you made that they “misunderstood”. That lawsuit is a claim for fraud, and that’s what fraud typically is...a misunderstanding and someone being “injured” and wanting to hold the other responsible for it. Insurance never protects you from these kinds of claims and they happen all the time.

The third pillar applies after you have good insurance You need to protect yourself from what insurance doesn't cover by compartmentalizing your assets. Compartmentalization means that if something happens to one property they can't touch you or the other properties. You should use either check out this article to learn more.

The fourth pillar is somewhat similar - you want to separate your operations from your assets. One company owns everything and does nothing (this is your SLLC a/k/a "asset holding company") and a completely separate company handles all of your operations (this is a traditional LLC a/k/a "operating company") For the operating company which serves as your face to the world and through which you do all your business, you establish a Traditional LLC to carry out the operations of your investments. The operating company takes on all of the liability that would otherwise blow back on you including: paying property management, paying contractors, collecting rent, marketing, etc.

The fifth pillar is owning everything anonymously. If people don't know what you own, then they are less likely to sue. People don't sue people that qualify for food stamps. This anonymity can be accomplished for free by using Trusts to own your companies as well as the assets. Trusts create this anonymity by removing your name from public record. Even if they can see you used to own a property, when properly transferred it will look like it was sold to investors. If they somehow guess you are the owner still, it doesn't matter because you are not the owner. The trust and the LLC are the owner of the asset/real estate, so even in the scenario that they guess, they guess wrong.

Buying property as an investment far from where you live may seem like more trouble than its worth for many reasons. One of the most concerning factors is the question of how you can protect yourself from lawsuits stemming from properties you may never step foot on. Certain legal structures can help securely and cost effectively own property in numerous states though.


Please share here if you have any concerns about how to deal with potential legal liability in multiple jurisdictions.

Buying property as an investment far from where you live may seem like more trouble than its worth for many reasons. One of the most concerning factors is the question of how you can protect yourself from lawsuits stemming from properties you may never step foot on. Certain legal structures can help securely and cost effectively own property in numerous states though.

Please share here if you have any concerns about how to deal with potential legal liability in multiple jurisdictions.