Business Interruption Insurance & Claims: Questions & Answers

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Chapter 19

Q19. 1

All contracts of general insurance specifically state that the “proximate cause” of the loss or damage has to be insured by the policy before indemnity is granted.


Q19. 2

The words “resulting from” does not mean that the cause has to be the proximate cause, whereas “caused by” does.


Q19. 3

Where the words of the policy state “directly caused by”, the test is one of proximate cause.


Q19. 4

In both the Advisory and Modified versions of the Mark IV and Mark IV ISR wordings, the trigger for a claim under Section 2 – Consequential Loss is “Damage” occurring during the “Period of Insurance”.


Q19. 5

Where there is an insured and uninsured cause for the disruption, the typical Business Interruption policy will not respond.


Q19. 6

Where a disruption to a business, which is covered by a Business Interruption policy, is extended due to facts outside the Insured’s control and would not have caused a disruption had the first insured event not occurred, the Insured is entitled to an indemnity under a typical Business Interruption policy for the losses arising during the extended period.


Q19. 7

There are three separate areas that need to be examined when considering a business interruption claim:

1.       The proximate cause aspect relevant to the event of the peril and the damage therefrom
          - ‘Proximate Circumstance’.

2.       The extent that the interruption arises out of the terms of the contract of insurance
          - ‘Interruption Causation’.

3.      
The assessment of the financial loss as insured by the policy and arising from the
          interruption, which is insured - ‘Quantum Calculation’.


Q19. 8

Which of the following could be considered as an Increase in Cost of Working under a typical Business Interruption policy?


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