H1N1 and your Business Insurance Policies, How will they respond?

The H1N1 flu has been the center of the news lately. The CDC is anticipating a large outbreak of the flu this winter season. What kind of risk will you have with the flu and your business? Though lawsuits against business owners for contaigon diseases being attributed to the business are rare, they do exist. Your business liability policy will respond if third party lawsuits are brought against you. Here is an example, If someone claims that your business caused them to contract the H1N1 and they lost income due to the illness, your business liability policy would defend you. The chances of you being found liable and triggereing coverage is rare. Your business liability policy would be your best source of protection from such lawsuits. Regarding work comp issues, an employee could claim that the H1N1 was an occupational disease which could trigger coverage for the employee is some States. Cases do exist that have created precedents. For example a case in California resulted in the Ca. Supreme Court awarding work comp benefits to workers that contracted conjunctivitis in the eye. The court ruled the breakout was an occupational disease thus triggered coverage under the work comp policy (Bethlehem Steel Co. v Industrial Accident Commission, 21 Cal.2d 742). Though future lawsuits from a potential H1N1 breakout against business owners is still a slim probability, your business liability policy and work comp policy will be there to defend you and to pay if you are found liable. Make sure you discuss your coverages with your business insurance agent or broker prior to the "flu season". Until next time Be careful out there, and remember you beat risk by understanding your risk!
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