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  • Insurance and Covid

    This article is about insurance for restaurants and bars in Ontario, but it makes me wonder about insurance for movie theatres.

    Apparently some restaurants and bars have had their insurance premiums triple, and some can't get insurance at any price.

    https://www.theglobeandmail.com/busi...surance-costs/

    Ontario restaurants and bars are facing soaring insurance costs and
    possible closings as Canadian insurers begin to hike premiums and cancel
    policies during a time when most establishments are struggling to remain
    open during the global COVID-19 pandemic.

    In a news conference on Wednesday, Toronto Mayor John Tory urged insurance
    companies to stop “gouging” restaurants, bars and music venues with
    “skyrocketing rate increases” during their hour of “greater need.”

    “We have seen the evidence of establishments being asked to pay exorbitant
    fees for their insurance,” Mr. Tory said. “[Insurers] really cannot have
    any justifiable business or rationale behind [these increases]."

    Insurance brokers in Ontario have been told that some policies are being
    cancelled because of concerns around the legal risks if a patron at an
    establishment contracts COVID-19. As a result, insurance premiums have
    been raised as much as 300 per cent for some bars and restaurants that
    have tried to renew policies in recent months, while other establishments
    have been refused insurance entirely – making it almost impossible for
    them to operate.

    Commercial business policies are required for most establishments to be
    open, covering policyholders for fire, theft, liability and, in some
    cases, business interruption.

    Toronto City Council passed a motion on Wednesday to support the Ontario
    government in any actions it takes with insurers to prevent “astronomical”
    increases in premiums. During Mr. Tory’s news conference, he asked
    insurance companies to put a “pause” on any cancellations or rate hikes
    until “the pandemic is behind us.”

    The Dakota Tavern, a popular live music venue in the west end of Toronto,
    is at risk of shutting its doors on Oct. 18, when its insurance policy
    expires. The 20-year-old establishment is in the basement of a leased
    building on Ossington Ave., and requires commercial business insurance as
    part of its rental agreement.

    Dakota owner Stephen Reid was anticipating a small increase to the
    venue’s monthly $1,700 premium because of possibly being evaluated as
    “higher risk” with pandemic-related liabilities, such as a virus outbreak.
    But after applying for his policy renewal last week, he was shocked to
    find out his insurance company was dropping his coverage altogether. Then,
    when his insurance broker called around for other quotes, more than a
    dozen companies declined to provide a policy without saying why the venue
    was too risky to insure.

    “They have been happy to take our money the entire time we were closed
    with no rebates or adjustments,” Mr. Reid said. “Now that policies are up
    for renewal, they refuse to provide insurance even to venues that have
    been in business for years with no claims.”

    Mr. Reid, who also owns Castro’s Lounge – a smaller bar in Toronto – is
    warning other venues that they, too, could lose coverage at renewal time
    if the provincial government doesn’t step in.

    “It doesn’t matter if you are a nightclub that can accommodate thousands
    or a mom-and-pop diner that seats a dozen. The insurance industry is not,
    with very few exceptions, renewing policies for bars and restaurants,” he
    said.

    Allianz Global Corporate and Specialty Insurance told The Globe and Mail
    that, after a recent review, it discontinued underwriting policies for new
    business on certain products – including insurance for restaurant and
    hospitality establishments – as of July 31, 2020. A spokesperson for AGCS
    declined to comment on the reasons for the discontinuation.

    Danish Yusuf, chief executive of Zensurance, an insurance broker for small
    businesses across Canada, says increases in premiums for liability
    policies are becoming the norm for restaurants and bars. He’s also seen
    several insurance companies stop writing policies altogether for the
    hospitality sector, even before COVID-19.

    Specialty insurers such as Totten Group Insurance and Lloyd’s of London
    used to be “go-to” companies for restaurants and bars, Mr. Yusuf says, but
    even those companies are now starting to decline renewals or, in some “hit
    or miss” cases, they will increase premiums.

    John Sinopoli, co-owner and executive chef of the Ascari Hospitality Group
    – which runs three restaurants and a bar in Toronto – helped create a
    coalition of about 1,300 restaurants through a website,
    [78]Savehospitality.ca. Together, the coalition has a louder voice to talk
    to provincial governments, he says, which need to act immediately to
    prevent insurers from raising premiums to unsustainable levels before the
    industry collapses completely.

    After receiving the latest renewal quote for Ascari’s Hi-Lo Bar – an
    annual premium of $20,000, up from $6,000 last year – Mr. Sinopoli was
    given no reason for the increase, and was told by his broker that
    insurance companies are “moving away" from the hospitality sector.

    “We had zero claims in seven years and never missed a monthly payment,”
    Mr. Sinopoli said in an interview. “If we are required by our leases and
    by law to have insurance policies in order to be open, then insurance
    companies have an obligation to provide us with that service at reasonable
    market rates. This is a clear case of COVID-gouging.”

    Steve Kee, spokesperson for the Insurance Bureau of Canada – a national
    industry group with 74 insurance company members – said the association is
    aware of the cancellation of coverage for certain establishments in the
    hospitality sector, but urged commercial clients to “shop around,” as
    coverage is available.

    Vito Tomasicchio, who owns seven establishments throughout Toronto, says
    he was backed into a corner by his insurance company when it asked for
    seven months of upfront payments for his largest music venue. Despite the
    building not being open throughout the summer, and not generating any
    revenue, he was required to pay the lump sum or risk a lapse in coverage.

    On three of his restaurants, Mr. Tomasicchio says he was able to renew
    policies, but at higher premiums for less coverage, and with higher
    deductibles.

    “You buy these policies so that you can have peace of mind, but then you
    can’t even use them because you fear of being dropped or the deductibles
    are too high,” he said in an interview. “This is going to cripple the
    hospitality sector completely. We have no idea if we will have insurance
    when things do come back to normal."

  • #2
    It's going to be hard to discuss this without being political, but I will try to do so without expressing any partisan views.

    One of the reasons why attempts to pass a second federal stimulus bill ran aground here in the USA is that the Republicans wanted to include limited liability protection for businesses and some other organizations (notably schools), as a workaround for precisely this happening, which has been widely anticipated. It's not just coronavirus, either - some homeowners' insurers are threatening to pull out of the California market altogether if the state won't let them charge a lot more in high wildfire risk areas, or exclude fire coverage from policies by default (which at present, state law prohibits them from doing).

    Democrats oppose C19 liability protection, on the grounds that it would give businesses a carte blanche to act irresponsibly, and be unfair to plaintiffs who took a big financial hit from having contracted C19 through no fault of their own; especially low-paid employees of public-facing service sector businesses.

    Personally I think there has to be a workable compromise here, e.g. very specific and limited liability protection, that can only be invoked if the business being sued can prove that it complied fully with every applicable state, county and local hygiene regulation related to C19. Doing that would mean that a visitor to the business took primary assumption of the risk. Another option would be for the liability protection to apply only to customers, not employees.

    But so far at any rate, no such compromise has been reached. I'm sad, but not surprised that the insurance industry has responded the way it has in Canada. This problem will have to be solved if entertainment venues can reopen on a significant scale before a widely distributed and accepted vaccine is available.

    Comment


    • #3
      Since we've been at this for 6 months now, I wonder how much insurance companies have had to pay out for covid related claims. Further, I agree with Leo that it does seem to me that if a business meets some government set standard of care, the business should not be liable for damages. Insurance companies could also set their own standards with premiums varying with how stringent the standards are.

      Comment


      • #4
        Oh, they'll find us Frank. I always chuckle (darkly) about how people and politicians have this idea that insurers are benevolent entities that shouldn't be "gouging", they've always been pure money producers (rightly or wrongly). I have to think Leo makes a good point here, the only way the world doesn't eventually close everything is if laws are introduced with some sort of common sense to the effect that people choosing to walk in a room are responsible for assessing their own perceived risk. How the heck can you "prove" you got a flu virus down at the Sizzler? How long would that court case be? People are going to need to understand that insurance companies aren't in the business of paying out, and they exit any situations where they think it could happen, so we're going to need to return to some sort of sanity on the truly "frivolous and without merit" lawsuits. Our drive-in should make a nice mini-storage, lots of room for people's boats and trailers too (if they can get insurance).

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