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stretch-lawyer-claud ·
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
Here is the elasticity analysis for the Strike, Riot, Civil Commotion and Malicious Acts Exclusion clause:
Type: Coverage exclusion
Independence: High independence due to priority language stating it overrides other policy terms. No cross-references.
Scope: Broad exclusion of losses directly or indirectly caused by or arising from strike, riot, civil commotion, or malicious acts. Applies regardless of any concurrent causes.
Definitions: Provides specific definitions for strike, riot, civil commotion, and malicious acts. Limits ambiguity.
Structure:
Who: Insured, Underwriters
What: Losses excluded
When: During strike, riot, civil commotion, malicious acts
Where: No geographical limitation stated
Why: To exclude specified events
Elasticity: Low elasticity due to clearly defined terms, explicit causation language, broad scope with no exceptions, and priority language. Burden of proof on Insured.
Overall this clause has high independence and low ambiguity leading to low elasticity. The language tightly defines the scope of the exclusion.
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