Could you please provide various examples of the application of the Loss Determination clause for Business Income under (a)(2) of CP 0030 10 12? If the examples are applicable to the hotel industry, that would be even better.

Puerto Rico Subscriber

Section a. (2) of the loss determination section pays for what would have been regular income had the loss not happened. The confusing section is that it does not include income that would have been earned as an increase in business due to damage to other businesses. For example, a tornado comes through an area and damages hotels on the beach severely, leaving The Oceanfront Hotel damaged but still usable. The Oceanfront Hotel would have received the guests from the other hotels due to the storm, which would have increased its revenue. However, the Oceanfront Hotel can only collect business income loss of its normal revenue, not the increased revenue it would have received from the other hotels.

In June, the Oceanfront Hotel normally brings in $300,000, and not all rooms are full as other hotels have their share of guests. The tornado comes through, and Oceanfront Hotel, being the only hotel open, would have had its revenues increase to $600,000 for June. Oceanfront can only collect the loss of business income for $300,000 and not $600,000. Business income coverage is for the insured's normal standard of business, and not taking advantage of the misfortunes of others.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis