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HUGE Decision? Insurance Ordered to Cover Covid Biz Interruption – Lawyer Explains WHY

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It’s about the ramifications of court decisions

Thanks to Al.

Viva Frei, Montreal litigator turned Youtuber reports.

It seems the courts are getting a little more inclined to intervene and declare some of these draconian measures to be totally unconstitutional, and totally unjustifiable with respect to certain segments of society.

Precedent setting

02:36 mins A homeless man in Quebec named Rafael Andre, who was kicked out of a homeless shelter closing at 9:30 p.m. because of the coronavirus pandemic, sought refuge in a porta potty and froze to death overnight. A law firm known as the Mobile Legal Clinic that represents marginalized groups filed suit, and the judge said, “Yes, these curfew measures are unconstitutional, at least as it relates to homeless people. They violate Quebec, and Charter Rights, and therefore we are declaring this law unconstitutional and unenforceable as relates to homeless people.”

Is business interruption from covid measures an insurable loss?

US District Court Northern District of Ohio. The decision Viva looks at is Henderson Road Restaurant Systems Inc. doing business as Hyde Park Grill et al plaintiff versus Zurich American Insurance Company defendant. It is the questions of law coming out of this decision and the impact on policy that is going to be very important.

From the earliest stages of this pandemic, when the government started shutting down businesses, it became an interesting legal question as to whether or not shutting down businesses would become an insurable loss. The answer is that it depends on what your insurance policy says. As a general rule of law, insurance policies tend to have exclusions, lots of exclusions, and those exclusions include things like pandemics, civil rights, microorganisms, disease earthquakes, things that tend to affect a lot of people at the same time, whereas if insurance companies had to start issuing payouts to everyone at the same time it would basically bankrupt the insurance companies.

The interesting question of law became if it is not the pandemic itself that is forcing the shutdown or the business interruption but rather the government’s response to the pandemic can it then become an insurable loss? There has been no consistent response from the courts but this was effectively the question being asked in this particular lawsuit, and the judge in this lawsuit said. “Yes, it is an insurable loss because it is not the microorganism, it is not the pandemic itself that is causing the business interruption, it is the government measure forcing businesses to shut down.”

07:05 mins
The judge came to the conclusion that the business interruption, the loss, the claim here did not directly result from any micro-organism, so it was not covered by an exclusion under the policy. Rather the loss resulted from a government measure not from the virus itself and therefore it was not excluded from coverage under the policy. Moreover the judge came to the conclusion that the loss of property did not need to be a physical loss of property, it could be just a loss of enjoyment of property for it to be covered under the policy.

How to end covid measures not demonstrably justified

Do you want to know how to clean up government policy? You get very influential people with deep pockets, with a lot of monetary sway, to put pressure on the government to change those policies, and if judges across the country start ordering insurance companies to pay out because they deem the losses to be not related to coronavirus itself, but as a result of the government measures, once you start getting orders ordering insurance companies to pay, it is only a matter of time before those insurance companies start putting a lot of pressure on the government to start reopening things.

Reclaim your rights by getting involved

If you want justice and freedom leverage fact based evidence by putting in front of people who can make a positive difference.

Leverage the court’s decisions by sharing the video widely. Suggest small business owners look closely at their insurance policy exclusions, and maximize losses caused by not demonstrably justified covid measures.

Equip them and others with indisputable proof SARS-COV 2 was never isolated using the gold standard of medical testing to prove it causes an infectious disease called covid-19.

Include indisputable proof the PCR test was a psychological operation that unjustifiably bankrupted businesses, caused colossal debt, loss of the right to earn a living, interrupted supply chains, threatened food supplies, violated civil liberties, cost lives, criminalized normal human activity, reduced humans to lab rats with an experimental treatment deceptively called a vaccine.

The GREAT Re-opening Jan 30.21

Get involved.

Get the word out.

Align on purpose

Please share. Thank you.

Without Prejudice and Without Recourse
Doreen A Agostino


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