Louisiana Supreme Ct. Reverses, Finds No Coverage Owed for COVID Shutdown

By Jim Sams | March 21, 2023

  • March 24, 2023 at 6:29 pm
    Mr.InnsuranceBroker says:
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    The most interesting points in this article a the plaintiff’s attorney was able to speak directly with then Pres. DJ Trump, who reportedly offered his opinion that IF the plaintiff had an All Risks policy without a virus exclusion, it should pay the loss. And the other was the dissenting Judge who compared the virus damage to smoke smell from a nearby fire.

    We don’t know how accurate the comment referencing Pres. Trump is. He may have said exactly that, or he may have said if your policy doesn’t specifically exclude virus, then it may cover you. That would be an accurate statement. What the court ruled is that they policy terms were clear and unambiguous, and did not intend to provide any coverage.

    The judge who compared COVID virus to smoke smell totally missed the point that smoke smell can be cleared quickly and easily limiting or eliminating the need for a business to actually shut down for days, weeks, or months. And that is true for disinfecting as well, but these cases were government mandated closures. Find coverage for that in your policy, and your insurer will pay you.

    I was bold enough to make this claim in 2020 when the first attorney raised this Q in a trade press article – coverage depends on policy language. There may be some policies that do offer coverage, but the majority will specifically exclude it. I guess I should get some award or recognition for stating the obvious when others were too timid to speak up.

    COVID-19 is real, the deaths are real, the long term health impacts are real, and the governmental abuses are real. Emergency powers were abused by local and state government health departments to restrict people’s movements,
    activities, and close businesses – all un-constitutional actions. While Pres. Trump was imprudent and unartful with his words in the first days and weeks of COVID discovery, his comments were not all wrong. The virus did come from Communist China, it was not a natural development, for most people it was like a bad cold or flu, and it would eventually go away. He was wrong about its ability to kill, and the time it would take to go away, and the need for a fast tracked so called vaccine. Ourstory will be able to put all of these decisions into better perspective looking back, and errors will stand out. Closing the economy down was INSANE, I said it in the San Francisco Examiner the day Mayor London Breed declared it.

  • March 27, 2023 at 11:06 am
    Roy Mura says:
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    Here’s what Trump said: https://www.dropbox.com/s/4bf4xzisix5yvdu/Trump%20On%20BI%20Insurance.wmv

    He’s very good at reading language, you know.



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