Shared conversation
stretch-lawyer-gpt4 ·
Strike, Riot, Civil Commotion and Malicious Acts Exclusion This Exclusion applies to all coverage grant(s) under the Policy, including extensions, additional coverages and exceptions to any exclusion. This Exclusion shall be paramount and shall override anything contained in the Policy inconsistent with it. In the event any part or term of this Exclusion is found to be invalid or unenforceable, the remainder shall remain in full force and effect. 1. The Policy does not insure any loss, damage, claim, cost, expense or other sum of whatsoever nature, directly or indirectly caused by, resulting from, arising out of or in connection with any Strike, Riot, Civil Commotion and/or Malicious Act, including any action taken by any person or authority in controlling, preventing or suppressing any Strike, Riot, Civil Commotion and/or Malicious Act. This Exclusion applies regardless of whether any loss, damage, claim, cost, expense or other sum of whatsoever nature is caused by, results from, arises out of or in connection with any other cause or event contributing concurrently or in any other sequence to it. 2. If Underwriters allege that by reason of this Exclusion, any loss, damage, claim, cost, expense or other sum of whatsoever nature is not covered, the burden of proving the contrary shall be upon the Insured. 3. Definitions For the purposes of this Exclusion, Strike, Riot, Civil Commotion and Malicious Act mean: Strike means a lockout or total or partial work stoppage to enforce demands made on an employer or to protest against an act or condition. Riot means a violent disturbance by a group of persons assembled together for a common purpose which threatens the public peace. Civil Commotion means a substantial violent disturbance by a large number of persons assembled together and acting with common purpose or intent. Malicious Act means deliberate act(s) causing loss of or damage to property during and/or following Strike, Riot or Civil Commotion, including but not limited to vandalism, looting, theft of or the taking of goods by force. Except as provided for in this Exclusion, all other terms, conditions and exclusions of the Policy remain the same and fully applicable. LMA 5553 05 August 2021
ELASTICITY CLAUSE ANALYSIS:
Type: Coverage related, Strike, Riot, Civil Commotion, and Malicious Acts Exclusion
Clause Independence: Yes, Priority Language “This Exclusion shall be paramount and shall override anything contained in the Policy inconsistent with it” present, no references present
Scope: "any loss, damage, claim, cost, expense or other sum of whatsoever nature, directly or indirectly caused by, resulting from, arising out of or in connection with any Strike, Riot, Civil Commotion and/or Malicious Act, including any action taken by any person or authority in controlling, preventing or suppressing any Strike, Riot, Civil Commotion and/or Malicious Act.”
Elasticity: Low, as the clause includes exhaustive definitions of key terms (Strike, Riot, Civil Commotion, and Malicious Act) and comprehensive language describing causation "directly or indirectly caused by, resulting from, arising out of or in connection with."
Others: The burden of proof is upon the Insured if Underwriters allege that a loss is not covered by this exclusion.
Elasticity score: 2
This clause demonstrates low elasticity due to its explicit definitions and broad scope of exclusion, reducing room for interpretation or expansion. The definitions provided for key terms such as Strike, Riot, Civil Commotion, and Malicious Act are comprehensive and specific. The causation language is also exhaustive, further reducing the clause's elasticity. The conditions for burden of proof are also carefully outlined. The elasticity score of 2 indicates a low level of elasticity and a high level of specificity.
Comparing to the Cyber Exclusion LMA 5458 clause, this clause seems to have comparable elasticity. Both clauses are exclusions with well-defined terms and comprehensive causation language. Neither clause contains carvebacks or exceptions that might increase their elasticity.
This conversation may have been edited by the sharer.