The commercial habitational real estate sector in Maryland, the District of Columbia, and Northern Virginia is navigating a divergent insurance environment in 2025–2026. Property insurance rates are softening for the first time since 2017, with rate decreases of 5–15% available for well-maintained portfolios. However, liability insurance costs are surging, with general liability rates rising 30% or more in Q4 2025 and umbrella/excess premiums quadrupling for some owners since 2020. This divergence demands that owners, risk managers, and financial officers recalibrate their risk management strategies immediately.
The litigation environment has intensified dramatically. Federal tort cases rose 20% between 2022 and 2024, premises liability claims increased from 4,516 to 5,632 cases in the same period, and nuclear verdicts (jury awards exceeding $10 million) rose 52% in 2024 compared to 2023. In our region specifically, a Prince George's County jury awarded $71 million in January 2026 to a tenant injured in an apartment fire with non-functioning sprinklers, and a DC Superior Court ordered $41 million in restitution against the former owner of Marbury Plaza for years of habitability failures—the largest housing conditions judgment in DC history.
Meanwhile, water damage has overtaken fire as the leading cause of property losses in multifamily real estate, with average water damage claims rising from $7,000 to over $11,000 in five years and commercial water damage claims averaging nearly $29,000 per event. Fire claims remain the costliest per-incident, with average fire claims doubling from $35,000 to $80,000 over the past decade. These trends, combined with rising construction costs, aging building stock, and aggressive personal injury marketing, create a risk environment that requires proactive management across every line of coverage.
Water damage has overtaken fire as the leading cause of property losses in multifamily and commercial real estate, according to Marsh McLennan Agency's February 2026 analysis. Water and freezing damage now represent 20% of all small-business property claims (The Hartford, 2025), and water damage accounts for 27% of all property insurance claims nationally (Insurance Information Institute). The average water damage claim for residential properties rose to $11,098 in 2023—up from $7,000 five years prior—while commercial water damage claims averaged $28,400–$29,700 per event. Total U.S. insurer payouts for water damage reached $17.2 billion in 2023, a 12% year-over-year increase.
In our region, aging building stock is a primary driver: 40% of water damage claims are linked to buildings over 30 years old, and the Baltimore and Montgomery County corridors contain significant inventories of mid-rise and high-rise construction from the 1960s–1980s with original plumbing systems. Common causes include burst pipes (24% of all water claims), appliance failures, worn plumbing, HVAC system leaks, and frozen pipes during winter cold snaps. The frequency of water claims has increased 9% annually since 2018, reaching 1.2 million claims nationally in 2023.
While fires represent only 10% of claims by volume, they are the most expensive per incident. The Hartford's 2025 analysis found the average fire claim has risen from $35,000 in 2015 to $80,000 in 2025—a 129% increase that far outpaces general inflation. For multifamily buildings, fire risk is concentrated in properties lacking modern sprinkler systems and updated electrical infrastructure.
A March 2026 report by the National Fire Sprinkler Association (NFSA) analyzing 22 years of Maryland high-rise fire data found that 193 of 248 active high-rise fires occurred in apartment or condominium buildings. Two clear risk clusters emerged: Baltimore and the Montgomery County corridor (Silver Spring, Bethesda, Rockville, Chevy Chase). In buildings without sprinkler protection, injuries occurred at a rate of 1 per 8 fires versus 1 per 20 fires in sprinkler-equipped buildings—a 60% reduction. Operating sprinkler systems also reduced average property loss by 55%.
General liability claim severity for commercial properties has risen 57% over the past decade. The average liability claim for apartment buildings grew from approximately $14,000 in 2020 to $22,500 in 2024. Slip-and-fall claims doubled from 10% to 20% of all small-business claims over the past decade while becoming more expensive—average cost rising from $20,000 to $45,000 per incident (The Hartford). The number of premises liability or negligence verdicts exceeding $10 million rose 52% in 2024 compared to 2023, according to a Marathon Strategies report.
Personal injury law firms are fueling this trend with aggressive marketing. Morgan & Morgan, the nation's largest personal injury firm, spends $350 million annually on billboard and TV advertising across major metros, driving a feedback loop: more marketing generates more claims, which hardens the market and raises premiums for all landlords regardless of loss history.
Habitability class actions: Tenants in Denver were awarded $13.5M in a 2025 class action for uninhabitable conditions. Similar actions are appearing in DC and Maryland, as demonstrated by the Marbury Plaza and Heather Hill cases.
Negligent security claims: With mass shootings doubling over the past decade, premises security lawsuits are increasing. Carriers are responding with assault & battery and firearms exclusions, but owners remain exposed if coverage gaps exist.
Wrongful eviction suits: The Urban Institute reports evictions have increased, and jurisdictions including DC have strengthened tenant protections. Wrongful eviction claims carry both compensatory and reputational risk.
Third-party litigation funding (TPLF): The litigation financing industry is projected to reach $31 billion by 2028, enabling more plaintiffs to pursue large-scale claims against property owners that they otherwise could not afford to bring.
While property premiums ease, liability insurance for habitational real estate is moving sharply in the opposite direction. This divergence represents the most significant challenge facing multifamily owners in 2026.
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Regional considerations: D.C. and Maryland are considered more plaintiff-friendly than Virginia, which can result in higher general liability premiums and more restrictive policy terms for multifamily assets in those jurisdictions.