Proposed Class Action Lawsuit Filed, Contending "Unforeseen And Unintentional Occurrence" Against BI Policy Exclusions  (Canadian Underwriter)

Proposed Class Action Lawsuit Filed, Contending "Unforeseen And Unintentional Occurrence" Against BI Policy Exclusions

  Tuesday, May 26th, 2020 Source: Canadian Underwriter

A Laval area restaurant that says it has lost more than $700,000 in two months as a result of the pandemic is not taking no for an answer from the insurer, who says business interruption coverage does not apply because it’s not a direct physical loss and is citing several exclusions.

Allianz Global Risks US Insurance Company is named as a defendant in a proposed class action lawsuit filed May 14 in Quebec Superior Court in Montreal by law firm Spiegel Sohmer Inc.

Allianz is reportedly relying upon three different exclusions (e.g. no direct physical loss; loss of use or occupancy; contamination) in commercial coverage it wrote for some Canadian restaurants.

Allegations that Allianz is in breach of an insurance contract by denying pandemic coverage have not been proven in court.

The case is in its early stages, and the court has not ruled on the existence of a class.

The representative plaintiff is Restaurant Bâton Rouge Steakhouse & Bar at Carrefour Laval, which claims it has lost $739,000 as a result of its closure Mar. 16. That was five days after the World Health Organization declared the novel coronavirus to be a global pandemic.

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