( A ONE MINUTE READ THAT COULD SAVE YOU FROM BEING OUT OF POCKET)
We all know how difficult it is to claim on Insurance policy.
Anthropogenic climate change is rapidly blurring what used to be a factually and rationally supportable distinction between “natural” and “man-made” weather events.
While people have been naming major storms for hundreds of years to days STORMS ARE NOT JUST NAMED TO FACILITATE WEATHER FORECASTERS BUT TO ALLOW INSURANCE COMPANIES TO DEFAULT ON PAYMENTS.
It makes little legal or logical sense to attribute costly and otherwise detrimental weather events to “superior forces” or “God” to which we now know that we mankind have contributed to a very large extent.
The interface between weather problems and contract law, currently established law is not good law. It is becoming archaic and does not match on-the-ground reality.
Everyone including contracting parties must pay heed in order to better protect themselves both practically and legally from the realities of an increasingly volatile climate.
“Extreme” weather has become the new normal.
Previously considered to be inexplicable and unpredictable “acts of God,” such weather can no longer reasonably be said to be so. The use of such phrases as “act of God” or “force majeure” in boilerplate or closely drafted agreements is not and should not be dispositive.
So if God is not in control who is?
Many insurers use this term in their buildings and contents insurance clauses. It refers to an unpredictable, large-scale event that couldn’t have been planned for – such as lightning, a tornado, an earthquake etc.
Severe weather events have vast financial implications for private parties and government entities alike. Thus, the time has come to rethink the doctrine of
impracticability in contract law in relation to weather-related problems.
The insurance sector are paying heed to the effects of climate change and extreme weather on their business performances, by introducing deductible clauses in insurance policies related to Named Storms.
As insurance policies may vary, please check your own policy for language specific to your covered property.
“We will not pay for loss, damage or expense caused directly or indirectly by or resulting from a named tropical storm or hurricane to a property located in a county listed above. Such loss, damage and expense are excluded regardless of any other cause or event that contributes to or aggravates the loss, damage or expense, whether concurrently or in any sequence to the loss.”
An insurer can charge a higher deductible than normal once a weather event becomes a named storm. There is no “usual” anymore when it comes to assessing the risks associated with “extreme”weather events.
If you are in an area where your property policy excludes coverage for Named Storm, your agent can typically either add Named Storm coverage or may set up a separate policy specifically for that peril.
This naming of storms does not just apply to Home Insurance.
Depending on the type of coverage you want, once a storm has been named you’ll be limited to the types of plans and the protection offered, especially plans with cancellation coverage.
Climate change is real and is already affecting humankind as well as our natural surroundings.
They are acts of man.
According to the World Meteorological Organization (WMO), it is easier for people to remember names than numbers and technical terms.
This is not as straightforward as you think.
Ironically if the storm is not named defining a storm can be difficult.
Your insurer will want to see that a storm actually damaged your property and also whether the weather conditions constituted a storm.
Get clued in, not rip off. Get named Storm cover.