September 23, 2022
Freeman Mathis and Gary
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Monkeypox was declared a national health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time since 2009. As of September 20, 2022, the Centers for Disease Control and Prevention reported 24,203 confirmed cases nationwide. Leading in California (4,753) and New York (3,799). The immediate impact and possible long-term consequences of monkeypox on the commercial insurance industry are unknown for a number of reasons.
Some studies indicate that monkeypox requires prolonged, close, face-to-face or direct skin-to-skin contact to spread. This low risk of transmission raises the possibility of massive government shutdowns or stay-at-home orders, and officials claimed loss of property and business income in response to the COVID-19 pandemic.
While property insurance should not be affected by a monkeypox outbreak, liability insurance policies may not be immune. For example, schools, daycares, nursing homes, and other nursing homes may face lawsuits related to risk and transmission of monkeypox related to perceived inadequate safety protocols. As always, insurance industry professionals should be guided by certain policy language.
Still, such claims must be subject to the many general disclaimers, errors and omissions, or exclusions of communicable diseases found in homeowner’s (or even auto) policies. especially in Lambi against M. Familienkloster. Indian Navy ship. co, 498 F. App’x 655 (8th Circle 2013) (Applying Missouri Law) the court reviewed the conduct of two adults, one of whom allegedly transmitted a sexually transmitted disease to his partner. The insurer denied coverage under the homeowner’s policy because the policy’s definition of “bodily injury” includes “any of the following communicable diseases, bacteria, parasites, viruses, or other organisms that can be transmitted from one insured person to another.” will be sent to…” identityat 656. The Eighth Circuit ruled that the policy precludes actual or perceived transmission of a communicable disease, since contamination of another with the HIV virus clearly falls within the plain and sane sense of transmission of a communicable disease. identity, See everything Plaza against General Asur. co244 AD2d 238, 239 (NY App. Div. 1997) (applying the exclusion of communicable diseases to injuries caused by HIV transmission); Coogler vs. Liberty Mat. Indian Navy Ship. co623 F. Sup. 2d 481, 484-85 (SDNY 2009) (The exclusion of infectious diseases would prevent coverage for the policyholder who had transmitted HPV and shingles; there was a timely disclaimer as the exclusion was clear).
Places where employees may come into contact with data subjects as a result of their job duties, such as Additionally, daycares and schools, where children may be in close physical contact for extended periods of time, may see some claims to the extent that a student allegedly contracted monkeypox on campus.
In the meantime, we look at the number of monkeypox cases and analyze the political language that may be implied.
The content of this article is intended to provide a general guide to the topic. Professional advice should be sought in relation to your specific circumstances.
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