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Money Board Topic for Business owners. Loss of Income Clause in INS

Posted on 4/1/20 at 6:09 pm
Posted by Jjdoc
Cali
Member since Mar 2016
53435 posts
Posted on 4/1/20 at 6:09 pm
Looking for details on this. How many of you have this clause in your General Liability INS?

Posted by go ta hell ole miss
Member since Jan 2007
13612 posts
Posted on 4/1/20 at 6:19 pm to
Is this different than business interruption insurance? If so, I expect states are going to require insurance companies to cover losses under business loss insurance if companies have it. New Jersey has already starting working on a proposal, which was to preempt insurance companies from denying claims, which they likely would have done.
This post was edited on 4/1/20 at 6:21 pm
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17251 posts
Posted on 4/1/20 at 6:32 pm to
Usually associated with a clause that requires physical damage to a building, my biz was shut down for hurricanes and floods secondary to not having power, not being accessible etc, but because we had no physical damage we got the shaft, I expect the same this go round....however some are claiming that the physical damage to the building is the actual virus being on the surfaces and are trying to use that as physical damage... I don’t see it happening though
Posted by Jwodie
New Orleans
Member since Sep 2009
7194 posts
Posted on 4/1/20 at 6:57 pm to
quote:

because we had no physical damage we got the shaft, I expect the same this go round....however some are claiming that the physical damage to the building is the actual virus being on the surfaces and are trying to use that as physical damage...


Indeed - there has already been at least one lawsuit filed in Orleans Parish which alleges virus-caused physical damage to commercial property to trigger BIL coverage under a policy.
Posted by DownSouthJukin
Coaching Changes Board
Member since Jan 2014
27177 posts
Posted on 4/1/20 at 7:21 pm to
It’ll be part of your property coverage under business interruption or loss of business income. There’s usually a virus/bacteria/pandemic exclusion.

Go have a reputable lawyer review your policy and give you his/her thoughts on it before making any decisions.
This post was edited on 4/1/20 at 7:22 pm
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48888 posts
Posted on 4/1/20 at 7:24 pm to
Likely has a pandemic exclusion so won't apply
Posted by Thecoz
Member since Dec 2018
2510 posts
Posted on 4/1/20 at 7:52 pm to
interesting.....i have it on my rental...
but not sure if act if God....for stuff like fire..
need to pull out my documents!!!

good question!

hopefully will not be an issue...rental is just off campus.....
Posted by LSUTOM07
Baton Rouge
Member since Dec 2011
765 posts
Posted on 4/1/20 at 8:13 pm to
quote:

Likely has a pandemic exclusion so won't apply


^^This. Many specifically state virus excisions. I have a family member in commercial insurance underwriting.
Posted by Catchfalaya
Member since Feb 2018
1920 posts
Posted on 4/1/20 at 8:55 pm to
Insurance= Legalized Stealing
Posted by 632627
LA
Member since Dec 2011
12716 posts
Posted on 4/1/20 at 9:04 pm to
Almost all these policies are written on a standard form which includes an infectious disease exclusion.

As mentioned, there have already been bad faith lawsuits brought forth, so the courts will decide.

If the insurers are forced to pay these claims, prepare thy anus for increases on all insurance products.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48888 posts
Posted on 4/1/20 at 9:34 pm to
quote:

As mentioned, there have already been bad faith lawsuits brought forth, so the courts will decide.




Thats honestly bullshite if they make the companies pay. Only reason it is an issue is because this is something affecting everyone at once. Prior to this virus, the exclusion was never an issue, and i'm sure was challenged plenty
Posted by RebelExpress38
In your base, killin your dudes
Member since Apr 2012
13490 posts
Posted on 4/1/20 at 10:16 pm to
Be careful what y’all wish for. If the insurance companies are forced to pay out Business Interruption claims for a pandemic virus that affects literally every business in America, prepare your anus for next year’s premiums. They’ll have to start pricing in national shutdowns in the rates every year. You won’t be able to afford your coverage.

The business interruption clause has to be the result of direct damage to covered property. Katrina caused direct damage to a ton of property so most people got paid out. If you had a decent policy it included dependent property and civil authority coverage.

This virus is different because I don’t think you can prove direct physical damage. And even with that said most property policies have Virus and Bacteria exclusions due to all the 2009, 2010 virus outbreaks.
Posted by Gountiss
Boone, NC
Member since Aug 2012
522 posts
Posted on 4/1/20 at 10:37 pm to
Yes, Virus and Bacteria are general exclusions, but you can still file a claim and your insurance company and anyone covering it shouldn’t discourage you from doing so even if it gets denied. From my experience, I think insurance companies are trying to shift any legal liability from this to the Government for shutting the business down which will be interesting to see how the courts view that in the coming months.
Posted by gsvar2004
Member since Nov 2007
7951 posts
Posted on 4/2/20 at 11:25 am to
my insurance guy encouraged me to file a claim anyway. he said this is all so crazy and who knows what will be covered before its all said and done.
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