Our insured, an auto dealership has business income coverage under ISO form CP 00 32 04 02. In March, a severe snow storm struck the area, dumping up to two feet of snow. Wind gusts caused drifting to such an extent that roads became impassable, and most businesses and government offices were shut down. Because there was no access to the dealership, it was forced to close even though it sustained no actual physical damage to buildings or contents. Normal operations resumed when snow was removed from roads, drives and parking lots.

The insured has made a claim for loss of business income based on the accumulation of snow rendering the dealership useless until access was restored.

We have denied the claim because there was no direct physical loss to the property; however, since this question has arisen several times, we now wonder if we were correct. What is your opinion?

Texas Subscriber

You are correct. The policy "…will pay for the actual loss of Business Income you sustain due to the necessary 'suspension' of your 'operations' during the 'period of restoration'. The 'suspension' must be caused by direct physical loss of or damage to at the premises… described in the Declarations."

However, if the insured's suspension of operations was due to "…action of civil authority that prohibits access due to direct physical loss of or damage to property, other than at the described premises…" coverage would be available, beginning 72 hours after the time of that action.

In either case, the suspension of operations must be as a result of a direct physical loss of or damage to property, whether on the insured premises or not. There appears to be no loss of or damage to property, so there would be no coverage.

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