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Should insurance companies be able to sue cities?
Posted on 6/2/20 at 12:44 pm
Posted on 6/2/20 at 12:44 pm
When officials become complicit(and it can be proven) with looting like NYC has should insurance companies contractually required to pay for the damage be able to pass those damages to those cities and officials?
This post was edited on 6/2/20 at 12:47 pm
Posted on 6/2/20 at 12:48 pm to C Dorner Tiger Fan
quote:
Government incompetence is not a covered peril in insurance policies, so no.
I used the wrong word in my OP. I meant to say complicit not complacent or incompetent
Posted on 6/2/20 at 12:52 pm to chateaublanc
They should, but it will never happen.
Until there is accountability for their actions, we can expect them to continue doing this crap.
Until there is accountability for their actions, we can expect them to continue doing this crap.
Posted on 6/2/20 at 12:52 pm to chateaublanc
If the policies allow for subrogation, then absolutely an insurer can sue a municipality that is responsible for a covered loss such as property damage. Now, suing a municipality is tricky and you may not be able to recover a dime from many of our broke states and cities. So, while you might be able to file a subrogation claim, it might not be worth the time or resources to the insurer.
Posted on 6/2/20 at 12:57 pm to chateaublanc
Brings up a good point. I've seen successful subrogation against cities & states for many things such as water/sewer issues, electrical issues (electrical wires caused fires in California)
California pays 11 billion
I can tell you this as a fact, every single insurance company is marking every claim associated with the riots. I wouldn't be surprised if they try, they do all have a army of attorneys.
California pays 11 billion
I can tell you this as a fact, every single insurance company is marking every claim associated with the riots. I wouldn't be surprised if they try, they do all have a army of attorneys.
This post was edited on 6/2/20 at 12:59 pm
Posted on 6/2/20 at 12:59 pm to crossfire
I'm hearing riot damage won't be covered under business policies.
Posted on 6/2/20 at 1:05 pm to chateaublanc
quote:
When officials become complicit(and it can be proven) with looting like NYC has should insurance companies contractually required to pay for the damage be able to pass those damages to those cities and officials?
I would imagine that the section 1983 qualified immunity enjoyed by public employees would apply not only to police who shoot innocent people in their homes but also to any officials who foment riot damage. The Supreme Court in 1982 stated that qualified immunity exists unless you had a "clearly established" right that was violated. So far, courts have shown that you don't have a clearly established right not to be shot in your own home (the Sylvester case in 2017) or not to be mauled by a dog when you're known to be innocent (Garrison case in 2017). Accordingly, I think you'll have a tough time finding a clearly established right in these cases.
Posted on 6/2/20 at 1:21 pm to Shankapotamous
Losses due to civil insurrection or acts of war are excluded unless specifically included.
Took a 2 million dollar loss because of that back in the 80’s. You only have to learn that lesson once
Took a 2 million dollar loss because of that back in the 80’s. You only have to learn that lesson once
Posted on 6/2/20 at 1:27 pm to jnethe1
quote:
Until there is accountability for their actions, we can expect them to continue doing this crap.
How is it that you can speak the correct words for the current situation, and yet still be so far off.
Posted on 6/2/20 at 1:35 pm to Shankapotamous
quote:
I'm hearing riot damage won't be covered under business policies.
Wartime and riot are common exclusions. The little fellows will take it in the shorts but some of the big boys that have enough financial strength, political and legal support will get some relief. Warren Buffet and General Re have to be pissed.
This post was edited on 6/2/20 at 1:37 pm
Posted on 6/2/20 at 1:50 pm to chateaublanc
They’ll just non renew customers In these areas at renewal and wipe their hands. Insurance companies already price differently depending on their perception of the local legal environment. They also price differently based on historical losses. Everyone with property insurance will get an increase because of these idiots.
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