If you are thinking about opening for the summer, before you stock up on PPE, you might check to see if you have insurance coverage. If you get sued by a guest for catching Covid-19 at your business or operation the legal fees to win your case can exceed $100,000.
Most insurance policies exclude coverage for pandemics.
The issue is not whether or not a person can win a lawsuit if they claim they got sick at your business. The issue is, do you have protection to pay for the attorney fees, and costs needed to fight the lawsuit. A two-week trial that is four years in the future will cost you $100,000.00 at a minimum.
At the present time, you cannot buy coverage for Covid 19.
Most general liability (GL) policies exclude pandemics as a claim that is not covered. Those policies that do not have a specific pandemic exclusion are saying the claims are excluded under the pollutant exclusions.
Consequently, you probably do not have coverage. That is going to be a major factor in determining if you can open for the season, whether or not you have the resources to fight any possible claims.
Worker’s Compensation Policies in many states are excluding coverage for employees who catch the virus.
What if your employee contracts the virus and claims, he got it at work. Does your worker’s compensation policy provide coverage for the employee or a defense for you? With day operations, it will be difficult to prove the employee contacted the coverage while working. However, if you run multi-day trips where the employees and patrons will be separated from society for days, and one other person arrives on the trip with the virus. The chances increase that your employee caught the virus at work.
If that occurs and your carrier provides no coverage, it does not let you off the hook for the employees lost wages and medical bills.
Again, in most states there is no coverage for worker’s compensation claims based on pandemics.
Find out now what coverages you have. If your broker/agent says you are covered, get that in writing or in an email and save it. It could be worth a lot of money in the future.
For additional articles about this issue see:
Will general liability insurance respond to COVID-19 claims?
Commercial General Liability Insurance and COVID-19
‘Wild west’: Youth sports providers weigh liability risks
What do you think? Leave a comment.
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By Recreation Law Rec-law@recreation-law.com James H. Moss
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