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Insurance guidance

Business continuation insurance

Two partners in a Bergen County accounting practice shook hands on a buy-sell agreement nine years ago. The life insurance policy that was supposed to fund it had lapsed two years later. Neither partner knew. One partner died, and the surviving partner learned about the gap from the estate attorney.

Business Continuation Insurance insurance coverage review (1)

Business continuation insurance is the part of the plan that keeps the business alive when a partner, an owner, or a key employee does not.

What business continuation insurance actually covers

Business continuation insurance is a collection of policies designed to keep the business running — or allow an orderly exit — when an owner dies, becomes disabled, or is otherwise unable to continue. The policies fund the legal agreements that govern what happens to the ownership interest.

The most common component is life insurance on each owner, sized to match the buyout price in the buy-sell agreement. If a partner dies, the policy pays out, and the surviving partner uses the proceeds to buy the deceased partner's share from the estate. Without the policy, the surviving partner has to come up with the cash on their own — which usually means borrowing, selling assets, or watching the business collapse under the strain.

Disability buyout coverage handles the slower, more common version of the same problem. If an owner becomes permanently disabled and can no longer work, the policy funds the buyout over time. Overhead expense insurance covers the business's fixed costs — rent, utilities, payroll — during a temporary disability so the lights stay on while the owner recovers.

Business Continuation Insurance insurance coverage review (2)

Business continuation coverage is part of the independent insurance review we do for businesses and families across Northern New Jersey. We sell nothing — we read the policies and tell you whether they match the risk.

Cross-purchase vs entity-purchase — two ways to fund it

In a cross-purchase arrangement, each owner buys a policy on the life of each other owner. When one dies, the survivors collect the proceeds and use them to buy the deceased owner's share. The advantage is a stepped-up cost basis for the surviving owners. The disadvantage is complexity — with four partners, you need twelve policies.

In an entity-purchase arrangement, the business itself owns policies on each owner. When one dies, the business collects and uses the proceeds to retire the deceased owner's interest. It is simpler to administer but does not provide the same basis advantage.

The right structure depends on the number of owners, the entity type, and the tax implications. We walk through both options with you and your attorney, and we recommend the structure that fits. We do not sell the policies — we size them and introduce you to an independent broker who places the coverage.

The gaps most small businesses have and do not know about

The most common gap is a buy-sell agreement that was signed but never funded. The second most common is a policy that was purchased at the right amount ten years ago and has not been updated since. A business that was worth $800,000 when the policy was placed may be worth $2.5 million today. The policy covers a third of the buyout, and nobody noticed.

The third gap is disability. Most buy-sell agreements address death but say nothing about what happens if a partner can no longer work. Disability is statistically more likely than death during working years, and the financial impact on the business is often worse because it unfolds slowly.

We review every piece of the continuation puzzle — the agreement, the policies, the valuations, and the disability provisions — and tell you where the gaps are. Fixing them is usually cheaper than the owners expect.

Continuation insurance and succession planning are two sides of the same conversation. The broader timeline and exit strategy live in the decade-long succession work we do with business owners.

A handshake between partners is worth nothing on the day one of them dies. Funded insurance is what turns the handshake into money.

What working with us looks like

  1. First meeting — bring the agreement and the policies

    We sit down at your place of business with the buy-sell agreement, any existing life and disability policies, and a recent business valuation or tax return. We read each document against the others and map the gaps. Ninety minutes is usually enough to see the full picture.

  2. Written gap analysis and funding recommendation

    You leave with a document that names the coverage needed, the structure that fits, and the estimated cost. We coordinate with your attorney on the agreement and introduce you to an independent broker for the policies. We take no referral fee and earn nothing from the coverage.

A note on fit

When this might not be right for you

Business continuation insurance review is not for every owner:

  • Solo operators with no partners and no buy-sell obligation. Key person coverage may still matter, but continuation insurance is a partnership tool.
  • Anyone looking for a firm that sells the policies directly. We review and recommend — we do not sell.
  • Anyone whose business is winding down and does not intend to transition ownership. The cost of new coverage may not earn its keep.

If any of those describe you, we will say so early in the conversation.

Frequently asked questions

What is business continuation insurance?

It is a set of insurance policies that fund the legal agreements governing what happens to a business when an owner dies or becomes disabled. The most common components are life insurance to fund a buy-sell agreement and disability buyout coverage for permanent disability.

What is the difference between cross-purchase and entity-purchase?

In a cross-purchase, each owner buys a policy on the other owners. In an entity-purchase, the business buys the policies. Cross-purchase gives surviving owners a stepped-up basis but requires more policies. Entity-purchase is simpler but lacks the same tax advantage. The right choice depends on the number of partners and the entity type.

How much business continuation insurance do I need?

The coverage should match the buyout price in your buy-sell agreement, which should reflect a recent business valuation. If the valuation is more than two years old, the coverage is likely too low. We size the policies against current value and review annually.

Do you sell business insurance policies?

No. We are fee-only fiduciaries. We review existing coverage, identify gaps, and recommend amounts and structures. When new coverage is needed, we introduce you to an independent broker who places the policies. We earn no commission and no referral fee.

What if my buy-sell agreement is not funded?

An unfunded buy-sell agreement is a risk. The agreement says what should happen but provides no money to make it happen. We flag the gap and work with your attorney and a broker to put the funding in place before it is needed.

Does disability buyout insurance exist?

Yes. Disability buyout policies pay out when an owner becomes permanently disabled and can no longer work. The payout funds the purchase of the disabled owner's share, usually over a period of months or years. It is less common than life insurance but covers a more statistically likely event.

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