Posted on 05/14/2020 9:18:56 AM PDT by nwrep
Places that aren't opening up are under orders not to, or have gone out of business.
I don't know of any issue with liability coverage.
Yep.
She should sue the State of Oregon under the Takings Clause.
The state took control of her business without due process of law or compensation.
Yep.
She should sue the State of Oregon under the Takings Clause.
The state took control of her business without due process of law or compensation.
Exactly. It was not an act of God but and act of government.
The prevalent political philosophy in Portland prevents such an approach.
In March I doubt that any insurance company would have sold a policy that covered Pandemics.
If they did offer to sell coverage that policy would probably not have provided coverage until months later to cover the insurance company from claims resulting from the current known risk.
The insurance company is not going to sell you flood insurance when the big story on the 6-o'clock news is about the dam upriver from your house is about to fail.
I’m saying that in March as people first saw events canceled and doors closed they already knew that their insurance didn’t cover it.
If anyone was looking to buy such coverage for events at that point it would be for something scheduled in the summer, fall, winter, etc.
>>The insurance company is not going to sell you flood insurance when the big story on the 6-o’clock news is about the dam upriver from your house is about to fail.
Correct and the news will tell people they’d better get their flood insurance coverage established before hurricane season begins.
And flood maps have changed so they may want to revisit their decision to waive coverage.
>>The state took control of her business without due process of law or compensation.
I’m thinking that this is the government’s excuse in giving everyone a $1200 check for 2+ months of shutdown.
Can atheists even make an “Act of God” claim?
"Act of God" is a term of art that excludes certain causes. It's not a possible claim.
Yes - some company that lost big in 2009 from SARS has paid $2,000,000 per year premium for this coverage. They are having their claim paid from the COVERED PERIL - VIRUS!
Generally true, but you can get better business interruption that even covers physical damage to your suppliers should it interrupt your business.
However, there can be court rulings that directly overrule common law, common sense and policy provisions. Years ago, one of my clients had a truck driver operating in NY state. The driver stopped to help another trucker whose unit had stalled beside the road. He put out flares and flashers while he helped the other driver. When finished, he retrieved the signs/flares and made ready to leave. Meanwhile, the driver of a large tanker fell asleep and ran off the road, plowing into both trucks, killing both drivers, severely injuring my client's driver and releasing a giant cloud of toxic fumes from the tanker which blanketed a nearby town causing most businesses to shut down.
The accident/damage was so severe that it made the nightly network news. The court found everybody liable. My client's policies paid out $11 million for an accident that their driver in no way caused.
Since Flu has similar numbers of deaths to SARS-2 Covid-Boogaloo I’d recommend SXSW and other such events buy the insurance going forward since ANY such disease can again lead to government edicts.
Certainly heading into Fall2020-Winter2021 we are told that there may be a new mutated CV19(CV20) that could circulate.
If that’s the case and things are open, buy the insurance or don’t invest/open up.
And that’s where we are today. Nobody can open a new business or schedule a “Release”. You could find yourself unable to recoup your expenses and find your investment a complete washout.
The Takings Clause states “Just Compensation”
The $1200 is for lost wages of employees.
$1200 would not even cover rent for most any business.
A small store front unit in a strip mall in my town is $3500 a month and you are responsible to make any improvements needed to the unit to accommodate your business. You do not get compensated for those improvements when you leave.
Much like bets you can insure anything if you find someone willing to back it
https://www.investopedia.com/terms/a/act-god.asp
An act of God describes an event outside of human control or activity. It’s usually a natural disaster, such as a flood or an earthquake. Insurance policies usually specify which particular acts of God they cover.
What a pig!
However, she is cute!
-——The ‘suspension’ must be caused by direct physical loss of or damage to property at [the insured] premises.”-——
She and all the others will not collect because the pandemic did not damage any thing resulting in a loss of business.
Legal Seafood is in the same boat after having two claims denied per Fox Business
Which is why I said "normally".
"The accident/damage was so severe that it made the nightly network news. The court found everybody liable. My client's policies paid out $11 million for an accident that their driver in no way caused."
I don't think that story applies at all to these circumstances. I also don't think that court made up anything. Your driver may not have acted improperly, but if he hadn't been there it wouldn't have happened, in that way at least. It's clear how a court could interpret liability very broadly there, which they would do in that sort of event.
That’s not going anywhere
She wants a judge to write a Post Facto type of contract spelling out coverage?
Most of the damage awarded was business interruption to the town businesses.
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