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How IBAO wants brokers to treat pandemic business interruption losses


March 27, 2020   by Greg Meckbach


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With the widespread impact of pandemic-induced business income losses, the property and casualty industry is looking for a good way of dealing with a high volume of potential business interruption notices of loss.

“The IBAO is asking business clients not to flood insurance companies with claims at this time,” said Colin Simpson, CEO of the Insurance Brokers Association of Ontario, in an interview with Canadian Underwriter. He was referring to business interruption policies where clients are looking for written confirmation that the COVID-19 income loss is not covered.

“The industry needs to work together to ensure it responds to the public in the most effective, efficient way that we can,” said Simpson.

Generally, business interruption insurance is usually only triggered when a client is hit with a peril covered under a property policy. So for many BI policies, income loss arising from the COVID-19 precautions will not be covered because – unlike in a flood or fire – there was no damage to the property itself.

Moreover, some clients who are not covered may be looking to the government for assistance. Along with that, those clients may want proof that they do not have insurance coverage.

“With respect to business interruption coverage, brokers should be advising their clients not to automatically report all claims directly to the insurance company,” Simpson said Friday. “The broker should review the coverage with the client and report the claim only if coverage is available.  If no coverage is afforded, the broker should log these claims. It is always a prudent approach to fully document a loss.”

Hub International described its strategy to Canadian Underwriter earlier. Hub is taking the position that if the pandemic has had an impact on a client, that client should report the business interruption loss and let the insurance company come back with a formal decision on coverage.

This is especially true if the government offers relief to business on the condition that the loss is not insured. In cases like this, the client would need, when applying for relief, to demonstrate the loss is not covered.

For his part, IBAO’s Simpson notes that Canada-wide, there would be a large number of businesses that have closed down, such as restaurants.

“There has been and continues to be significant discussion in the marketplace regarding the issue of business interruption insurance,” said Simpson. “Many insurance carriers have already issued their own clarifications regarding their policy wordings. Generally speaking, BI policies only cover physical loss or damage to property although there are exceptions. IBAO confirms that brokers should closely review any specialized policies or extensions that may potentially apply to their client situation.”



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1 Comment » for How IBAO wants brokers to treat pandemic business interruption losses
  1. Michael says:

    This is a misleading article based on loose information provided by Colin Simpson, which is also in flagrant disregard of public interest.

    1. Clients are paying for insurance in order to have coverage for certain adverse events. How do you justify advising a business owner who doesn’t have ANY income due to the pandemic, not to make a claim? This just demonstrate how detached CEO is from her client’s needs.

    2. “Generally, business interruption insurance is usually only triggered when a client is hit with a peril covered under a property policy. ” – True.

    However, majority if not all contemporary business insurance policies are based on all perils grounds. That means that if something is not specifically excluded, it is included in the coverage. Majority (if not all) policies DO NOT EXCLUDE PANDEMIC.

    “So for many BI policies, income loss arising from the COVID-19 precautions will not be covered because – unlike in a flood or fire – there was no damage to the property itself” – Not true. I also doubt that Ms. Simpson have said this, as it is beyond incompetence, and I trust that this was misunderstood by the writer of the text.

    Property portion of the coverage (i.e. building, stock, contents, valuable papers, art etc) also includes Extra Expense (Broad Form) and Profits (Broad Form) – Actual Loss Sustained. So if there is a loss in profits, this constitutes a damage that is covered. So the entire statement doesn’t make sense and is irrelevant as such.

    What Simpson probably wanted to state is that normally, in order for Profits (Broad Form), Actual Loss sustained form to be triggered, interruption of business is caused by DIRECT PHYSICAL LOSS, and this is argument that Insurers used so far when denying BI claims.

    However, there is a Court Precedent already (MDS Inc. vs FM Global) . The Court concluded: “….the Ontario Court favorably referred to an earlier Canadian decision in which the presence of fumes from a nearby oil spill constituted “physical” damage with the meaning of a property policy….similarly, it adopted the reasoning of a US decision in which the presence of vapors (from gasoline) constitutes physical damage…The Court expressly rejected “narrow” interpretations of what constitutes physical damage in favor of a “broad” interpretation which treats loss of the function or use of building (i.e. when it is rendered temporary uninhabitable due to the presence of foreign substances in the air) as “physical” damage…ruling otherwise would lead to a “perverse” result….this interpretation is in accordance with the purpose of all-risk property insurance which is to provide broad coverage. To interpret physical damage as suggested by the Insurer would deprive the Insured of a significant aspect of the coverage for which they contracted, leading to an unfair result contrary to the commercial purpose of broad all-risk coverage. Accordingly, policyholders should give serious consideration to providing notice to their property insurers….

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