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Response to Siwsan (Original post)

Thu Jan 14, 2021, 02:08 PM

43. Does Invoking the 'Insurrection Act of 1807' Affect Property Coverage?

https://www.insurancejournal.com/blogs/big-i-insights/2020/06/05/571152.htm

Does Invoking the ‘Insurrection Act of 1807’ Affect Property Coverage?
By Christopher J. Boggs | June 5, 2020

Second, what is an insurrection and who qualifies as an insurrectionist?

Insurrection: A violent revolt against an oppressive authority, usually a government. “Insurrection is distinguished from rout, riot, and offense connected with mob violence by the fact that in insurrection there is an organized and armed uprising against authority or operations of government, while crimes growing out of mob violence, however serious they may be and however numerous the participants, are simply unlawful acts in disturbance of the peace which do not threaten the stability of the government or the existence of political society.” (Black’s Law Dictionary)

Insurrectionist: A person who takes part in an armed rebellion against the constituted authority (especially in the hope of improving conditions) freedom fighter, insurgent, rebel.

Based on the initial purpose of the protests that led to riots in some cases, they were not acts of insurrection, nor were the participants insurrectionists. These were not organized armed uprisings intent on overthrowing the government.

Lastly, where is the exclusion found? In nearly every case, the “insurrection exclusion” is found within a broader exclusion – either the “War” exclusion or the “War and Military Action” exclusion. The only exception is the Personal Auto Policy. Following is the relevant exclusionary wording from several policies:

Homeowners’ Policy Property Exclusion: War
War includes the following and any consequence of any of the following:
a. Undeclared war, civil war, insurrection, rebellion or revolution;

Commercial Property (CP 10 30) Exclusion: War And Military Action
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.

Business Auto Coverage (Physical Damage):
War Or Military Action
(3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these.

Personal Auto Policy (Physical Damage):Loss due to or as a consequence of:
a. Radioactive contamination;
b. Discharge of any nuclear weapon (even if accidental);
c. War (declared or undeclared);
d. Civil war;
e. Insurrection; or
f. Rebellion or revolution.


****************************************

Is the Exclusion Triggered?

Given the facts of the act and the exclusion, the “insurrection” exclusion does not appear to be triggered simply by the President’s invoking of the act. Further, even if a political figure or the media calls this an insurrection (towards a specific goal), the various protests do not pass the “insurrection” test.

Saying the grass is purple does not make it purple. There are certain facts that must be applied before ultimately declaring a condition or action to be something. It’s not insurrection just because the President or the news reports claims it is (generally for effect); what are the facts?

Overall, the activities of the protestors and rioters do not reach the level required to be considered an insurrection, nor does it appear the intent of the policy to exclude damage caused by insurrection applies to their actions. The exclusion does not apply.



[Full article at link above.]

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