October 2005 Dec Page

Question of the Month

The insuring agreement of the business income coverage form declares that the insurer will pay for the actual loss of business income that the named insured sustains. Such coverage is aimed at allowing the insured to realize the net profit that would have been earned had the business interruption not occurred. However, what if the insured would not have had a net profit; that is, what if the expenses prior to the business interruption loss would not have been covered by earnings?

This would mean that the insured faced an operating loss. The definition of business income in the policy notes that such an operating loss should be considered as part of the definition. Does this mean that the negative number (the operating loss) is added to the continuing normal operating expenses to calculate the business income loss? Is the operating loss the insured would have suffered had no business interruption occurred subtracted from the actual operating expenses? Is the insured meant to be left with a deficit after the business income insurance reimbursement for continuing expenses? In other words, does the operating loss affect the overall business income insurance recovery of the insured?

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