Generally Extra or Additional Cover on many policies
EXCLUDE BIO-SECURITY ACT 2015
EXCLUDE QUARANTINE ACT 1908
If present; highly likely cover will be excluded
Note: Certain exclusions were introduced around early 2000’s following Disease events such as SARS. Insurers did this to limit their exposure to potential pandemic events. When first introduced; the reference was to Quarantine Act 1908. Many Insurers subsequently replaced with Bio-Security Act 2015.
This reference has now been challenged in Court
Note: Recent Court of Appeal action has led to the potential for claims subject to Quarantine Act 1908 exclusion to proceed. However, many other clauses within the policy come into play in conjunction.
Clause subject to “closure or evacuation of premises”
Each policy clause is different. Must be reviewed thoroughly.
Clause subject to “order of a competent Government, Public or Statutory Authority”
Some clauses require “property damage”
Note: Whilst this could be an issue; Insurers have not been raising this yet. Infectious/Contagious Disease clause in Business Pack may be interpreted as operating irrespective of whether there was or could be cover under Section 1. However, this may be an aspect of coverage that Insurers eventually revert to.
Some clauses have “deemed property damage
Note: 5.0 If so, this should overcome the aspect highlighted in the point above.
Some clauses require “manifest at the premises”
Some clauses require “within ? Km radius of the premises”
Note: It is very rare to see an Infectious Disease clause in a Business Pack policy without a radius clause. The radius is normally 20km but occasionally 40km or 50km.
Consider COVID situation in that area in which the Insured Property is located
Note: Possible sequence of Investigation:
Does the policy require the premises to be closed by order of Public Authority?
If the answer is Yes, then ask: was it closed by order of public authority? If answer is Yes, then ask: were the premises closed by order of public authority because of the outbreak of an infectious disease within the specified radius (normally 20km)? Yes/No
If the answer is No, does the policy require the premises to be closed? If the answer is Yes, then ask was it closed? (there are some policies which require closure but do not require it to be due to a Government order). If the answer is Yes, then ask: were the premises closed because of the outbreak of an infectious disease within the specified radius? Yes/No
If the answer is No, than ask does the policy require the loss to be caused by outbreak of an Infectious Disease within the specified radius?
Generally Extra or Additional Cover on many policies
EXCLUDE BIO-SECURITY ACT 2015
If present; highly likely cover will be excluded
Note: Certain exclusions were introduced around early 2000’s following Disease events such as SARS. Insurers did this to limit their exposure to potential pandemic events. When first introduced; the reference was to Quarantine Act 1908. Many Insurers subsequently replaced with Bio-Security Act 2015.
Each policy clause is different. Must be reviewed thoroughly.
Generally Extra or Additional Cover on many policies
EXCLUDE QUARANTINE ACT 1908
This reference has now been challenged in Court
Note: Recent Court of Appeal action has led to the potential for claims subject to Quarantine Act 1908 exclusion to proceed. However, many other clauses within the policy come into play in conjunction.
Clause subject to “closure or evacuation of premises”
Clause subject to “order of a competent Government, Public or Statutory Authority”
Some clauses require “property damage”
Note: Whilst this could be an issue; Insurers have not been raising this yet. Infectious/Contagious Disease clause in Business Pack may be interpreted as operating irrespective of whether there was or could be cover under Section 1. However, this may be an aspect of coverage that Insurers eventually revert to.
Some clauses have “deemed property damage
Note: 5.0 If so, this should overcome the aspect highlighted in the point above.
Some clauses require “manifest at the premises”
Some clauses require “within ? Km radius of the premises”
Note: It is very rare to see an Infectious Disease clause in a Business Pack policy without a radius clause. The radius is normally 20km but occasionally 40km or 50km.
Consider COVID situation in that area in which the Insured Property is located
Note: Possible sequence of Investigation:
Does the policy require the premises to be closed by order of Public Authority?
If the answer is Yes, then ask: was it closed by order of public authority? If answer is Yes, then ask: were the premises closed by order of public authority because of the outbreak of an infectious disease within the specified radius (normally 20km)? Yes/No
If the answer is No, does the policy require the premises to be closed? If the answer is Yes, then ask was it closed? (there are some policies which require closure but do not require it to be due to a Government order). If the answer is Yes, then ask: were the premises closed because of the outbreak of an infectious disease within the specified radius? Yes/No