Are pandemics an “Act of God”?
There’s renewed debate on the topic as COVID-19 swelled from an epidemic to a pandemic if it qualifies under force majeur — literally, higher power — provisions under contract law. These provisions apply when there is an event that could not possibly be foreseen or prepared for which impedes a party’s ability to fulfill a contract, be it a supply contract, an insurance contract, a lease or a mortgage payment.
Act of God clauses, as they are known stateside, are often viewed by the public as excuses to wriggle out of obligations. That’s not only inaccurate; it’s almost diametrically opposed to how these clauses are applied in the real world. In fact, in some insurance contracts, such as flood or crop insurance, these events are the central risk the provider is taking on.
In Canada, the insurance industry refers to Acts of God as “perils.” It’s important to understand what the verbiage means, and how it affects your home insurance.
According to the Insurance Bureau of Canada (IBC), a peril is a chance event that is unexpected and accidental. For example, if a garage door is spray painted with graffiti and must be cleaned, the damage is due to the peril of vandalism. The gradual deterioration of shingle roofing or the rotting of wooden fencing is natural and expected, and therefore, not an insured peril. A home insurance policy is not a maintenance contract.
The IBC lists four broad categories of perils coverage among policies:
It’s important to review your perils coverage as circumstances evolve. For example, if water levels are trending higher, it would be wise to ensure that’s a named peril in your basic coverage. Likewise, a rash of neighbourhood burglaries should tempt you to make sure theft is a named peril in your broad-form policy.
It’s hard to picture COVID-19 causing property damage, unless frustration from self-isolation causes you to go on a furniture-breaking rampage. But there are several ways in which this pandemic can affect your insurance and finances:
Currently, the pandemic situation in Canada is still fluid, with significant changes unfolding every day. Stay home, stay safe, and keep an eye out for information on the evolving world of insurance and personal finances.