Declarations

Delivery Aid

“Insurers must cover delivery services for restaurants on personal auto insurance policies and must offer coverage for hired drivers and non-owned automobiles as a rider on a restaurant’s general liability insurance if it is requested – both at no extra cost to the policyholders.”

— Insurance Commissioner Mark Afable said in a press release announcing an order requiring insurers operating in Wisconsin to assist restaurants who have begun offering delivery service to customers during the COVID-19 public health crisis.

Money Available, or Not

“We understand money is available. … But at some point, they need to take some responsibility.”

— Eric R. Nowak, a New Orleans lawyer handling the lawsuit filed against the state by group of Louisiana flood victims who have been owed over $300 million for the past decade. Residents won a lawsuit in 2003 which found the construction of a local highway blocked drainage of the Tangipahoa River. The state has not paid the flood victims citing a lack of funds; the total amount owed by Louisiana taxpayers now exceeds $320 million.

Dead Dog Fire

“Wildfires are a constant danger in Colorado, and taxpayers often foot the bill for putting them out. The Dead Dog Fire is an example of how not following best practices around campfires can lead to a wildfire.”

— U.S. Attorney Jason Dunn explained why a Colorado man and his insurance company had to pay $500,000 to the U.S. government over a wildfire that burned federal land in the state due to an improperly extinguished campfire. Dale Owns and Grange Insurance Association made the payment to resolve liability for the 2017 blaze

Compliance and Prevention

“Complying with OSHA regulations and manufacturers’ recommendations for forklift equipment could have prevented this tragedy.”

— Rosemarie O. Cole, the Occupational Safety and Health Administration (OSHA) New Hampshire area director, said in a U.S. Department of Labor press release regarding OSHA’s citing of Quartz and Stone Creations of New Hampshire LLC for crushing and other hazards following an employee fatality on July 19, 2019. The Northwood, N.H., stone products manufacturer faces a total of $87,516 in penalties.

Insurer Flexibility

“In light of the circumstances related to COVID-19 … OIR will not consider actions … that provide benefits to policyholders and are applied in a nondiscriminatory manner to be violations of underwriting guidelines or the prohibitions against unfair trade practices.”

— The Florida Office of Insurance Regulation, in a memorandum, urged insurers to be flexible with premium payments, remove exclusions on certain personal auto policies, and explore virtual options for inspecting claims or underwriting policies.

Deceptive Propaganda

“To avoid payments for a civil authority shut down the insurance industry is pushing out deceptive propaganda that the virus does not cause a dangerous condition to property. … This is a lie, it’s untrue factually and legally.”

— Attorney John Houghtaling II of Metairie, Louisiana, who is involved with at least two lawsuits filed by restaurateurs against their insurers seeking coverage under their commercial insurance policies for losses caused by a statewide business shutdown ordered to prevent the spread of coronavirus.

Topics USA Workers' Compensation Wildfire Louisiana