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Community Responsibility for Operating & Opening Facilities

Communities are faced with many novel questions when creating operational procedures and cleaning policies during the COVID-19 pandemic.  What is the new normal for community association responsibility when operating and opening facilities during this crisis?

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General Liability & COVID-19

General Liability Insurance (aka GL or CGL) is often referred to as “third party” coverage.  A contract between you and your insurer to protect against certain claims brought by a person or entity outside of that relationship.  Your GL policy protects the insured from the risk that others bring suit or file certain claims against you seeking damages for which they allege you are legally liable.

The terms of the GL insuring document promise to pay for harm caused by an “occurrence”.  An occurrence is often defined as an accident, including the continuous or repeated exposure to substantially the same general harmful conditions.  Whether harm from the alleged failure to prevent exposure to COVID-19 is caused by an accident may depend on whether the insured party foresaw the claimant’s injury.

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