Coverage Question Series – Part 19
Post on August 3rd, 2018
This is a continuing series in which we address policy coverage questions that we routinely discuss with you and your colleagues. The answers provided are based on the basic policy form, currently LPLP-1r; refer to your specific policy and any endorsements attached thereto that may change coverage or the answers provided.
The storm knocked out power to my office for five days, am I covered?
Not for business interruption! But a Business Owner’s Policy purchased through our captive insurance agency, the OSBA Insurance Agency, would cover business interruption from a stormy spring or possibly summer. Call Tammy and Danna at 614-572-0616 to discuss the risks the Business Owner’s Policy covers.
Now, if the storm knocked out power and you missed a deadline because you could not access your calendar, then don’t call Tammy or Danna, send the information to the Claims Department. We will review and discuss coverage at that time. Your failing to maintain a separate calendar accessible outside the office that caused you to miss the filing date would likely be covered under your malpractice coverage.
Practice Pro-tip: Most calendaring programs provide access through an internet connected device but will require set-up before your power is knocked out. Make sure you have a plan in place to continue performing your services for your clients even in the event your office floods or the power goes out. OfficeKeeper, available to OSBA members is a great resource to help prepare for hurdles to practice.
As you should expect, these Q&A scenarios are based on simple hypotheticals. Coverage determinations for an actual claim are ultimately based on the unique facts, applicable law, and the Terms, Conditions, Limitations, Exclusions, and Endorsements of your policy.
Carl Marsh, Esq.