(September 2023)
Collapsible Index Wedding/Private Event Cancellation Insurance Property
Coverage Wedding/Private Event Cancellation Insurance Liability
Coverage |
Wedding Insurance is a form of special event coverage. The
trend has, for many years, been that of increasing wedding costs. As of 2022,
average national costs are around $30,000.
Related Article: Weddings and Pandemic Impact
A study from “Bridal Guide” provides the following breakdown
of average wedding costs in the Northeast of the U.S.:
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Wedding insurance is not standardized. Typically, the form
used by the company issuing coverage is a proprietary form. Therefore, it can
be a challenge comparing programs and it would be dangerous to make assumptions
about coverages, conditions, exclusions, etc.
This section is an attempt to discuss items that may be
found in a form offering wedding coverage. It illustrates what may be found
when dealing with this niche market. A comparison chart is available that could
help you in evaluating differences between carriers.
Related article: Wedding Insurance Policy Comparison
Chart
An insuring agreement represents the overarching obligation
of the insurance company issuing the policy, obligating the insurer to respond
to losses that qualify for coverage under the policy. That obligation is
subject to various provisions found in the form. Further, it is subject to the
insured paying the required premium. Also, any coverage hinges upon the
accuracy of the information supplied by insured (via the application).
Typically, information given by an insured is treated as a warranty. Significant
inaccuracies (particularly when intentional) may allow the insurer to void
coverage.
Different insurers will use their own set of defined terms.
Below are various terms observed in different policy forms.
Active Participant
Besides the bride and groom, it also refers to persons
attending to the bride and groom (wedding party) and others who play a
significant role in the covered (described) special event.
Bodily injury
Actual or physical harm to a person. Harm includes sickness,
disease, or death (when the death is a consequence of the injury or disease).
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Example: A
wedding guest comes onto the reception dance floor to line dance. She loses
her balance. She stops herself from striking a food table, but not before getting
her face covered in potato salad. The guests laugh and tease her for the rest
of the reception. While the guest is extremely embarrassed and
inconvenienced, she did not suffer bodily injury. |
Declarations
The form lists the insured, the insurer, policy dates, the
subject (event) being covered, the coverage limit, the deductible (if
applicable) and any additional coverages and amounts.
Related Article: Wedding Insurance Coverage
Declarations
Destination Reception
Refers to the celebratory gathering that supplements the
covered event (wedding) but is located at a considerable geographic distance
from the wedding location that may require access via air, boat, or rail
travel. The location usually appears in the declarations and the term typically
includes the distance between the wedding location and the destination
reception.
Example: Jodi
and Jersey’s wedding invitation included information on the reception as
well: Scenario 1: Their wedding is to take place in Indianapolis
and the reception is in Fishers, a nearby suburb. This is not a destination
reception Scenario 2: Their wedding is to take place in Indianapolis
and the reception is on a boat on Lake Michigan. This is considered a
destination reception. |
Event
Usually, a broader term for a wedding that includes preceding
and succeeding, related events (rehearsal dinners and receptions).
Event Photographs
Photos of the event that are taken by a professional.
Event Videos
Video footage taken of the event by a professional photographer/videographer.
Being realistic, if no footage was paid for, what loss
has occurred?
Extreme Weather Conditions
Refers to any hazardous climatic event that also includes
the potential for causing widespread damage. Such conditions include floods,
volcanic activity, hurricanes (typhoons and cyclones), blizzards and similar,
major events.
Gifts
Refers to personal property that one party gives to the
persons who are the subjects of the policy coverage. Further, the item given
has to be connected to the special event being insured.
Example: Paula, who is engaged and whose special
day is protected by a Wedding Policy, receives an imported espresso machine
that is, shortly afterwards, stolen: Scenario 1: It was taken from
the gift table during her wedding reception – it qualifies as a “gift.” Scenario 2: It was taken from
her kitchen counter during her birthday party that took place two weeks after
the wedding reception – it does NOT qualify as a “gift.” |
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There are several classes of property
that are specifically excluded as gifts, such as aircraft, motor vehicles
(designed for public road use), cash (and cash equivalents), gold or silver
coinage, tickets, securities, passports, evidences of debt and similar
property.
Honoree
This is the party that is named in
the policy and who is the reason for the special event (wedding). In this case
it should be the bride and the groom.
Leave
Permission given to a bride or groom
to interrupt their military, civil forces, or emergency service duties in order
to participate in the insured, special event.
Medical Expense
The cost of assisting with treating
injuries, including medical/surgical procedures, dentistry, x-rays (likely
would apply to similar, scanning procedures), drugs, prosthetics, glasses,
hearing aids, ambulances, hospitalization, etc.
Nuclear Action
If nuclear reaction,
radiation, or radioactive contamination causes a loss, such loss is ineligible
for coverage, no matter how the nuclear reaction, radiation or radioactive contamination
is caused. Any loss that is a consequence of the above is also not covered.
Fire, explosion, and smoke often are part of a nuclear incident, but even if
these perils are covered under the policy, when they occur as part of a nuclear
reaction, radiation, or radioactive contamination loss, they are not covered.
There is one
exception. If there is a direct loss by fire that is a result of the nuclear
reaction, radiation, or radioactive contamination, it is covered.
Occurrence
Regarding the policy’s property coverage, it refers to
accidental damage or loss to property covered by the policy. With regard to liability
coverage, it refers to an accident which causes bodily injury or property
damage (suffered by third parties).
Note: Continuous or repeated events are treated as a
single occurrence under the liability portion of coverage.
Personal Injury
Harm (not including BI) caused by acts such as (but not limited to) false
(unauthorized) detaining or imprisoning of another party, trespass or unlawful
eviction, malicious prosecution, defamation, libel, slander, invasion of privacy.
Related Court Case: “Personal Injury Liability Coverage Held
Applicable to Claim for Damage to Reputation”
Photographs
Refers to pictures taken at the covered event by a
professional photographer. The term does not apply to footage (moving/serial)
images, regardless who takes them.
Policy Period
The period of time shown as the inception through expiration
dates appearing on the policy’s declarations.
Postponement
A delay in holding the scheduled, covered event.
Pre-existing Condition
This term applies to any medical condition that arises and
has been diagnosed, treated, or had medicine prescribed for it within 12 months
prior to the inception date of the coverage for the described wedding/special
event. It does not apply to conditions that are being treated with medication
and that are considered under control in the one or two months immediately
prior to the date of the event.
Note: This is
regards to key members of the special event whose absence due to a medical
condition would result in the applicable event’s postponement or cancellation.
Private Event
This term applies to the insured event (wedding) and related
activities that occur immediately before and after the event. The event must be
the item described in the declarations. Covered, related, activities include
those that are thrown for the benefit of the “Honoree.” It also applies to
related events thrown for persons who are relatives of the Honoree.
Property damage
Physical injury or destruction of tangible property, or the loss
of use of tangible property, whether or not it is physically damaged (in other
words, theft qualifies as property damage).
Reception
The post wedding event (including next
day breakfast) that is arranged according to the details that appear in the policy’s
schedule or elsewhere in the policy.
Note: This is an
event that is normally within close proximity of the wedding location. If it is
at a distance it is defined as a destination reception.
Rented Property
Personal property that is temporarily acquired to facilitate
throwing the covered, private event. The term only applies to such property
acquired by the insured or the honoree. Items commonly include chairs, tables,
stages, etc. However, certain items do not qualify as rented property, including
special clothing (i.e., tuxedoes, gowns), jewelry, precious stones, paintings, artwork,
and similar property.
Note: A policy may also exclude any type of rented
property that is either transported in a certain manner, such as by ship or may
exclude items shipped to certain locations, such as areas outside of the
Continental U.S.
Special Attire
Refers to clothing that is acquired (purchased, rented, or
borrowed) specifically for wearing at the insured event. It includes apparel
accessories. Such clothing qualifies for the definition when worn by the
insured, the honoree, and that person’s ceremonial attendants. However, the
term does not apply to watches, jewelry, or gemstones.
War
Besides war, this term includes undeclared wars and civil wars. Warlike
action taken by a military force also falls under this definition. Further, the
discharging of a nuclear war, intentional or accidental, also meets the
definition of war.
We, Us, And Our
The
insurance company providing coverage for the wedding (and
reception).
Wedding
See
Private Event.
Wedding Attire
See
Special Attire.
Wedding Party
Refers
to the bride, best man, flower girls, groom, the bride and groom’s families,
bridesmaids, groomsmen, ushers, maid/matron of honor, and ringbearer.
You and Your
The
person(s) who appear on the declarations as insured(s), typically the bride,
groom, parents, or guardians of either and/or any other individual identified
as the event’s (wedding/reception) organizer.
Note: There’s probably no other type of
coverage where insured status can change so significantly and quickly as
Wedding insurance.
Typically, the policy will respond to loss suffered by the
insured because the insured event (described in the policy) has to be cancelled
or postponed (beyond the event date that also appears in the policy). In order
to qualify for coverage, the described event’s cancellation or delay has to be
caused by an eligible source of loss/disruption. Items covered by the policy are
usually expenses that can’t be recovered (non-refundable). Eligible expenses often
include the following amounts:
Example: Regina is to be married in ten days. She
sends her sister to the dress shop to pick up the wedding gowns for the bride
and bridal party. Her sister returns, frantic. She found the dress shop
vacant with an “out of business” sign on the front door. She has no choice
but to postpone the wedding. The refunds and deposits lost due to the
decision are eligible for coverage. |
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Eligible expenses include those related to the honeymoon as
well as the wedding itself. Other expenses may be the deposits for other
services, such as florists, entertainers, etc. Naturally, payment of these
costs is subject to the policy’s limit.
Note: Some policies
express maximum available coverage as 125% of the original costs of the
applicable services.
Several types of losses do not qualify for coverage.
Usually, a private event/wedding policy will NOT pay for the following:
1. Loss that is due to a set of
circumstances that the insured and/or the honoree were aware of when an
application was submitted.
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Example: The Gentler wedding
party turns in a claim because they have to postpone their wedding for two
months. Their insurer denies the claim. The postponement is due to a delay in
the major renovations of the chapel where the wedding was to take place. The
wedding couple was warned at the time that they set the date that the job may
not be done in time. However, they did not disclose this information to the
insurer. |
2. Loss due to insufficient funds.
Loss caused by the covered parties
lacking sufficient funds to pay for the covered event does not qualify for
protection.
Example: Frank
doesn’t know what to tell his fiancée. She was thrilled that they were able
to reserve the Fantasy Hall for their wedding reception. Unfortunately, a
freelance check that Frank was depending on was late and he was not able to
pay the hall’s required final deposit. He not only loses the reservation; the
initial $1,500 deposit is also lost. This is not eligible for reimbursement
under Frank’s wedding insurance policy. |
There is an important exception:
if the reason for insufficient funds is because of an (unanticipated and)
involuntary job loss, coverage still applies.
3. Loss caused by the application of a law or ordinance.
Example: Pete and Tessa are holding their
reception. Both are music company executives and, as part of the entertainment,
they arranged for several of their client bands to appear on several temporary
stages. Halfway through the festivities, the police come by and close things
down because of their breaking noise ordinances as well as zoning laws. The
non-refundable expenses due to the close-down are not eligible for coverage. |
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Example: Lisay and Niles’ wedding reception was
going extremely well until a group of uniformed persons burst into the
reception areas, destroying the event’s main tent as well as most of their
wedding gifts. Their insurer gives them worse news…they won’t cover the loss.
The uninvited “guests” were police officers. They raided the reception due to
reports of a large supply of illegal fireworks. The evening’s planned
highlight was to be a huge fireworks display. Unknown to anyone connected to
the wedding party, the use of fireworks is banned in the area. The
authorities ended the reception and barricaded it for additional searches.
The loss is ineligible for coverage. |
4. Loss due to strikes or lockouts.
5. Loss due to actions of suppliers.
However, exceptions are made for
failure to perform by persons hired to preside at a ceremony, to provide
facilities, or to provide food/drink IF the insured and honoree have done their
best to find other supply sources.
6. Loss due to Riots or Unrest.
However, there is an exception. If
either the event or the length of the event is affected by civil authorities
blocking access or evacuating the event site, coverage may still apply if the
insured or honoree has made reasonable efforts to find an alternative site.
7. Loss due to Weather Conditions.
This exclusion applies to normal
situations that terminate an event. Coverage still applies to postponement or
cancellation due to the defined, extreme weather conditions.
Note: Adverse or extreme weather conditions refers to events so severe
that they prevent attendance to the special event by
the majority of attendees and/or they damage the event venue(s).
8. Loss due to Failure to Notify.
The policy will NOT reimburse any
deposit, fee or expense created by the honoree’s or covered person’s oversight
to contact a vendor and tell them of the event’s postponement or cancellation.
9. Loss due to an Honoree’s Decision.
When the covered event is
terminated by the honoree, any and all event expenses are no longer eligible for
coverage.
Example: Frank and Irmalue
were scheduled to be married on July 6. On July 3, during a crazy-wild
bachelor’s party, Frank’s best friend lets it slip that he was recently
intimate with Irmalue. Enraged, Frank cancels the wedding. The costs that
pile up after the cancellation are not covered by Irmalue’s wedding policy. |
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10. Loss due to Bodily Injury (Involving Hazardous Activities).
This source of loss that
causes an event cancellation or postponement is not covered if it involves
participation in hazardous activities (such as hunting, skiing, diving,
vehicular racing and similar events), alcoholic beverages, self-inflicted wounds,
military activities, and flying aircraft.
Example: The
Adventursums file a claim. They lost all of their deposits because the groom,
three weeks before the wedding, was in an accident. While taking deep sea
scuba lessons, he was attacked by a shark. The recovery will take months.
This loss is excluded. |
11. Loss due to AIDS.
Note: Some forms may
exclude other medical issues, such as sexually transmitted diseases.
12. Loss due to Medical Advice.
Typically, a policy will deny
coverage related to a covered event’s postponement/cancellation when bodily
injury occurs before the event and a medical professional advised against
participation in the covered event.
13. Loss due to Criminal Activity.
An honoree’s or attendant’s arrest
or imprisonment which creates a postponement or cancellation of the covered
event is not eligible for expense reimbursement or loss recovery.
14. Loss due to War and/or Nuclear Activity.
No coverage applies when
a covered event is pre-empted by any military or nuclear activity.
15. Loss due to unavailability of a Wedding Party member caused by
death, dismemberment, illness, injury or quarantine when the unavailability is
due to alcoholic beverage use, drug use, known pre-existing conditions,
pre-event pregnancy (though some policies may amend coverage to reflect this
issue), and self-inflicted injury (including suicide).
This coverage is similar to extra expense protection found
in other lines of coverage. Typically, subject to a separate limit, it pays for
added costs that are due to an insured or honoree making alternative arrangements
in order to proceed with the covered event.
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Example: The Chainderwalds’ daughter was scheduled
to have their reception at the town’s luxury hotel ballroom. Three days before
the wedding, the hotel suffers a fire and the ballroom is unavailable due to
damages. Joe Chainderwald scrambles and is able to rent a wedding tent and
the hotel granted permission to use its lawn. However, the tent company,
having to do it as an emergency, also insists on full payment and increased
set-up and breakdown fees. These extra costs are covered by the Chainderwalds’
Wedding Policy Additional Expense Coverage. |
This portion of the policy provides a
limited amount of protection for expenses related to a need to arrange for
alternative transportation. The need has to be due to the loss of pre-arranged
(contracted) services from the vehicle supplier or transport service because of
vehicle:
Example: The
Pledgelys weren’t happy about their reimbursement. They filed a $2,600 claim
due to the cost of their lost airline and hotel reservations. The newlyweds
didn’t make their flight because the only available vehicle from “Haphazard
Limos” was totaled in a crash minutes before it was supposed to take them to
the airport. Having their claim honored didn’t completely make up for their
ruined plans. |
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Event Cars and Transportation
Exclusions
No coverage is provided when vehicle unavailability does not
involve a pre-arranged service or to loss that occurs
after the wedding, reception or event has been completed.
This portion of the policy provides a
limited amount of protection for loss of wedding gifts. The total available
coverage is subject to the property category’s limit and individual gift
sub-limit. Coverage typically applies to any item given to the honoree, related
to celebrating the event. Gifts that are lost, damaged, or destroyed are settled
on a replacement cost basis (no consideration of depreciation). The gifts must
be located in the policy’s stated coverage territory and, if the item cannot be
replaced through practical means, settlement may occur by securing an item of
comparable kind and quality.
The most that will be paid for any
singular, lost item is ten percent of the limit that appears next to the
selection of Gift coverage.
Example: Gary’s Wedding
Insurance Policy had the following coverage: |
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|
Gift
Coverage Limit in Declarations |
Individual
Gift Coverage Limit |
|
$5,700 |
$570 |
|
$22,500 |
$2,250 |
|
$13,000 |
$1,300 |
Gift Coverage Exclusions
This coverage part does not apply to
losses involving ordinary wear/tear, action of insects/vermin, inherent vice,
temperature/humidity/extremes, or gradual deterioration.
When the damaged or lost property
qualifies as fine art, there is no coverage when the loss/damage is the result
of efforts to repair or restore
the property. For all other property, no coverage applies when loss/damage
occurs while the property is being repaired,
serviced, or maintained. Typically, there is an exception when the loss
is due to fire or explosion.
Example: As a
wedding gift, Lily’s grandmother gives her a valuable piece of sculpture. She
takes the piece to a college friend who is getting a degree in art curation. The
college friend, in an attempt to clean the piece, leaves a cleaning solution
on that was improperly mixed and it ends up corroding and ruining it. This
loss is ineligible for coverage under Lily’s wedding insurance policy. |
When the property consists of
statuary, marble, porcelain, glass, china, furniture and similar, fragile
items, there is no coverage for loss or damage resulting from scratching,
marring or breakage. However, such losses are covered if caused by the
following:
·
Aircraft, self-propelled missiles, falling objects
·
Building collapse
·
Earthquake
·
Flood
·
Fire (including smoke) or explosion
·
Lightning, wind, or hailstorms
·
Sprinkler damage (leaks)
·
Strikes, riots or civil disturbance
·
Theft
·
Vehicles
Other sources of loss or damage to
gifts that are ineligible for coverage include electrical currents (exception
for lightning or resulting fire), mechanical breakdown, theft from an unattended
(unlocked) vehicle, nuclear activity, or war.
This coverage (when a limit appears
for it on the declarations) covers jewelry acquired for the covered event and
which is worn by the insured and/or the honoree. Naturally, such coverage is
subject to the stated limit and applies to jewelry that the covered parties
either own or which is rented for the covered event.
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Example: Joshua and Typhania
file a claim with their wedding insurer. An emerald necklace was stolen from
Typhania when she left the bride’s dressing room for a few minutes. The
insurer declines the loss when they discover the brooch was borrowed from a
friend to wear at a parent’s anniversary party that took place two months
earlier. |
Losses are settled on a replacement
cost basis and the maximum payment is subject both to the value of the lost or
damaged property and the applicable insurance limit (whichever is the lower
amount). When damage or loss occurs to a piece of property that is part of a
pair or set, the insurer has the option to settle according to the property’s
pre-loss value, but the surviving property has to be surrendered to the
insurer.
Jewelry Exclusions
Sources of loss or damage to jewelry
that are not covered include theft from an unattended (unlocked) vehicle, wear
and tear, gradual deterioration/inherent vice, nuclear activity, or war.
This portion of the policy provides a limited amount of
protection for loss of wedding pictures and video footage. However, the
coverage only applies to photos and footage taken by professionals. Amateur
shots and videos do not qualify for protection. The available coverage is
subject to the insurance limit that appears on the policy’s declarations. In
the event of a number of circumstances, this coverage will pay to have pictures
or videos made of the special event. Coverage applies in the following instances:
Expenses eligible for coverage/reimburse include the cost to
rent the facility (as a setting) transportation, meal and lodging costs for
honorees, attendants and immediate family, cost to rent gowns, dresses,
tuxedos, reimbursement mileage for persons driving back for replacement
photo/video session, cost to buy or rent cake and flowers to re-stage the
event, costs to re-hire a photographer or videographer.
Note: Travel, meal and lodging costs are stated on a
per person basis.
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Example: Andy and Paula’s
wedding photographer calls several days after the wedding. He was in an auto accident
on the way back from their wedding and all of the pictures he took there were
destroyed. The couple rushes to gather everyone again to re-stage the wedding
in order to get new photos and film. The wedding policy purchased by Paula’s
parents listed the following (the column next to the limits are the actual
re-staging expenses): |
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Photographs
and Video Tape Coverage |
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Coverage |
Limit |
Actual
Loss |
Total Coverage Limit |
$15,000 |
$20,800 |
Special Attire Limit |
$300 per person/$5,000 max. |
Avg. $330 per person/$6,600 |
Meal/Lodging Limit |
$250 per person |
Avg. $210 per person/$5,200 |
Mileage/Travel Reimbursement |
.045 per mile/$500 per person max |
Avg. $375 per person/$9,000 |
Totals |
|
$15,000 Reimbursed |
In this case, the photo coverage
helped immensely, but Paula’s parents still suffered a large expense ($20,800
- $15,000 = $5,800) due to the policy’s sublimits and having a large number
of event participants who were at remote locations. |
Exclusions – Generally, the
coverage will not apply when photo and/or video loss is due to nuclear or
military activity, moisture/rot/mold, insects/animals/bugs, normal wear/tear,
confiscation of property or (for videos) when the audio quality is sub-standard.
Note: This coverage only
applies to pictures and footage taken by professionals. Loss of amateur
photography or footage (even if it is the only source of visual documentation
of the event) is NOT eligible for protection.
This portion of the policy provides a
limited amount of protection for loss of property that is rented by the insured
or the honoree when such property is in those parties’ care, custody, or control.
Further, the property must be related to facilitating the covered event. The
maximum coverage (either replacement or repair) for a single item of
high-valued property is $1,000. To qualify for additional coverage, such
high-priced items must be specifically described (scheduled) under this
coverage. Such items must also be accompanied by an assigned value.
Rented Property Exclusions
Sources of loss or damage to rented
property that are not covered include mechanical or electrical breakdown, theft
from an unattended (unlocked) vehicle, wear and tear, gradual deterioration/inherent
vice, third party loss of income, dish4onest acts (by insured or honoree),
mysterious disappearance, insured’s neglect, nuclear activity or war.
Note: For breakdown-related
losses, there is coverage if subsequent fire or explosion damage occurs.
This coverage responds to loss or
damage to clothing that the honoree and attendants acquire for wearing at the
covered event. Settlement is based on replacement cost of the property and, if
the same property is unavailable, the insurer can fulfill its obligation by
finding similar, comparable property.
Example: Suellen
has a wedding policy which includes Special Attire coverage for $5,000. She
asks her kid brother to go pick up her bridal gown from a dressmaker. Her brother
does so, reluctantly. When he pulls into the driveway, he notices Suellen
screaming and then fainting. When he gets out of the car, he sees that half
of the gown had been hanging out of the door and was destroyed. The
dressmaker says that the dress was a custom design that she can’t replace in
time for the wedding that was to take place in a week. However, she does have
a similar design that she can alter for $3,900. Suellen’s policy will handle this
loss. |
Special Attire Exclusions
Sources of loss or damage to special
attire that are not covered include theft from an unattended (unlocked)
vehicle, wear and tear, gradual deterioration/inherent vice, nuclear activity,
or war.
The policy states that all payments
that qualify under the policy are subject to the applicable limits and, for a
given occurrence, the payment maximum is not affected by the fact that more
than one claimant, insured, losses or lawsuits are involved. Further, if
applicable, the losses paid under the policy during the stated policy period
are subject to the policy’s aggregate limit.
As applicable, loss payments are all
subject to any deductible that appears under any separate coverage provided by
the policy. If only one deductible is listed, that amount applies to payments
made separately under any applicable coverage.
When a coverage is subject to a
deductible that deductible is entered on the Declarations. Any applicable
deductible applies per occurrence. When multiple coverages apply to a single
event, all applicable deductibles also apply that event. Some policies may provide
a single occurrence deductible or a maximum occurrence deductible when multiple
coverages apply to a given postponement or cancellation.
The policy obligates the insured/honoree
to a number of conditions in order to handle an eligible loss. As is the case
with other lines of business, a failure to comply with requirements could
endanger the insured/honoree’s right to recovery. Typically, the
insured/honoree has to do the following:
1. Notification
and Duties – the insured or honoree must:
·
Quickly notify the insurer and, if appropriate,
legal authorities about a loss
·
Protect property from additional damage or loss
·
Put in a good faith effort to arrange for
alternate sources of goods/services if a provider fails to perform as
contracted
·
Put in a good faith effort to arrange for
alternate sites to host the covered event or related activity
·
Provide the insurer with a sworn loss statement
no later than 60 days from the date of loss, including inventory of property
involved in the claims, copies of documents that substantiate their value and
all relevant details about the loss circumstances
·
Put in a good faith effort to arrange for
alternate special attire to wear at a covered event
·
If bodily injury to a participant triggers a
need to postpone or cancel an event, the injured party must seek qualified
help, must adhere to instructions provided by medical personnel regarding
recuperation from the injury and must agree to the insurer’s reasonable request
to have separate examinations performed
·
If a loss or injury results in a fatality, the
insurer reserves the right to make a post-death examination
2. Loss Payment
This is an insurer
obligation. Once either the insurer has agreed with the applicable party
suffering the loss or an arbitration decision has been made (and filed),
payment must be made within 30 days. The insurer will handle payments according
to the insurable interest that is documented in the policy.
3. Appraisal
If the insurer and the named insured or honoree do not agree over the
value of the covered property or the amount of the loss, each party (after
receiving a written request from the other party) may select an appraiser. The
two appraisers will select an umpire.
If the two appraisers agree in writing, that
sets the amount of the loss. However, if they do not agree, the differences are
submitted to the umpire and then the written agreement of any two of the
parties sets the amount of loss. The decision is binding on all parties. Each
party will pay its appraiser and the two parties will share the cast of the
umpire and related expenses equally.
Note: An appraisal is
about the amount of an eligible loss, not whether or not coverage applies.
Also, there typically is no mention of time limits for completing the appraisal
process.
4. Right to
Settle
When lost or
damaged party involves property that is borrowed or rented from others
(including jewelry), the insurer has the right to settle the loss directly with
the property owner and such payment is deemed to satisfy its obligation to the
insured/honoree.
5. Abandonment
The insurer is not
obligated to accept custody of property that has been abandoned by an insured
or honoree.
When this coverage applies (as
indicated on the declarations), the insurer has the obligation to protect the
insured against losses or lawsuits that allege that the insured/honoree is
responsible for bodily injury, personal injury or property damage to a third
party. However, any claim must be due to an incident that occurs at the covered
event and within the applicable policy territory. The coverage obligation does
not only apply to losses, but also includes a duty to legally defend an insured/honoree
against claims/losses. Either a settlement or the exhaustion of the applicable
limit ends the insurer’s duty to provide a legal defense.
Example: The Brydals are
sued by a best man who was seriously injured when the nervous groom turned abruptly
to get the wedding ring and knocked the best man off a podium. |
|
Related Court Case: Business Pursuits Exclusion
Held Applicable to Wedding Reception Services
Personal Liability Exclusions
This portion of the policy does NOT
respond to losses that involve any of the following:
·
Aircraft, Watercraft or Vehicles (including
allegations of vicarious responsibility)
·
Injury suffered by the insured or honoree
Example: The wedding was
beautiful, but the reception left much to be desired. The bride’s parents
were sued by the groom’s best man. The best man attempted to escort a former
boyfriend of the bride (who crashed the event) from the reception. As he did
so, the best man tripped over some cables (used by the wedding band), fell,
and suffered broken facial bones. This was an eligible loss because the
wedding party made no arrangements to guard against crashers and the best man
was not an insured or honoree. |
·
Athletic Activities
|
Example: The Brydals are
having a bad day. After returning from their honeymoon, they get a notice of
a lawsuit in their mail. A friend was seriously injured during the pick-up
flag football game that was held during the wedding reception. This loss is
ineligible for coverage. |
·
Liquor Liability - however this only applies
when the insured/honoree are in the business of making, selling, distributing,
or furnishing liquor
·
Other premises than the covered event’s location
(unless the declarations lists the other premises such as a separate reception
location)
·
Nuclear Activity or War
·
Incidents either covered by or eligible for
Workers Compensation Coverage
·
Fines or Penalties
·
Property in the Care, Custody or Control of the
Honoree or Insured
Exceptions for
property damage typically applies to guest property (including their vehicles),
or to property belonging to the premises rented for the covered event. An
exception may also apply to non-owned, parked vehicles for which the honoree or
insured may have a legal obligation.
·
Property that is Sold or Rented by the Honoree or
the Insured, including jewelry, rented property and special attire.
·
Damage or Injury that an Insured/Honoree Expects
or Intends
Note: An
exception is granted for incidents involving protecting oneself, another person
or another person’s property from the deliberate actions of others.
·
False Statements Made with Insured/Honoree’s
Knowledge of Falsity
Example: The groom is guilty
of a silly act of revenge during his wedding reception speech. He tells a
former girlfriend and the rest of the attendees that “she probably regrets
that she let him get away because her current husband frequently cheats on
her.” He knows the statement is a lie. When he’s sued, his wedding policy will
not respond to the lawsuit. |
·
Statements Published Prior to the Policy’s
Inception
·
Deliberate Violation of Laws or Statutes
Applies to incidents
involving the insured or the honoree or to incidents done with the knowledge of
the insured or honoree.
This coverage applies to incidents of
bodily injury that occur to persons other than the insured or the honoree and
if they occur at the covered event. It pays for a wide variety of expenses connected
to treating an injury, such as the cost of providing first aid, x-rays (or other
scanning), transportation by ambulance, and similar expenses. However, besides
occurring at the described event, to qualify for coverage the incident has to
be reported within a year of the accident date and the injured person must
agree to the insurer’s reasonable requests to undergo physical examinations (by
physicians chosen by the insurer).
Example: Using a previous scenario shows how valuable Medical
Payments coverage can be. Again, the Brydals are, initially, threatened to be
sued by a best man who was seriously injured when the nervous groom turned
abruptly to get the wedding ring and knocked the best man off a podium. The
Brydals quickly call an ambulance and the best man is quickly and
successfully treated onsite. The best man cools down and does not sue. |
Typically, related to the policy’s
existing liability coverage, the form may also include the following protection
that does not affect what is available under the stated liability policy limit:
1. Settlement and Defense Costs –
covered expenses include post-judgment interest
2. Appeal and attachment bonds premiums
3. First aid expenses
4. Other reasonable expenses which the
insured or honoree pays at the request of the insurer
5. Loss of earnings due to trial
attendance or participation in other activities at the request of the insurer.
This coverage is limited to a specified, daily maximum that appears in the
policy.
The policy states that all payments
that qualify under the policy (bodily injury, property damage and personal
injury) are subject to the applicable liability limit and, for a given
occurrence, the payment maximum is not affected by the fact that more than one
claimant, insured, losses or lawsuits are involved. Further, any payments made
under the form’s medical payments provision are subject to the separate limit
that appears for that coverage.
The policy obligates the
insured/honoree to a number of conditions in order to handle an eligible loss.
As is the case with other lines of business, a failure to comply with
requirements could endanger the insured/honoree’s right to recovery. Typically,
the insured/honoree has to do the following:
·
Quickly notify the insurer in writing about a
loss which includes insured’s and honoree’s address and other identifying
information, complete date, time, location and loss circumstances, names and addresses
of all persons who may have a claim to make against the insured or honoree,
names and addresses of witnesses
·
Immediately forward all paperwork and materials
received in connection with a claim or lawsuit to the insurer
·
Fully cooperate with the insurer with all
matters connected with the claim or lawsuit, including pursuing rights of
recovery against other parties who may bear responsibility for the applicable
loss, attending trials and hearings, collecting evidence, giving testimony and
assisting with the attendance of witnesses
·
When applicable, the insured and involved parties
must agree to contact and cooperate with legal authorities
·
Other than providing first aid, neither the insured
nor the honoree should offer to voluntarily pay for losses claimed by other
parties unless they do so at their own expense
Note:
Insurers frown upon expenses made out-of-pocket by the insured because it could
prejudice the insurer’s right to determine liability (be construed as an
admission of liability).
Age and Residency
Coverages under this form are valid only for weddings
involving a bride and groom who are both, at least, 18 years of age and who are
also permanent residents of the
Assignment of Policy
No insured or other party can sign this policy and its
coverages over for use by any other party unless, first, getting the insurance
company’s permission (in writing).
Bankruptcy
Bankruptcy or insolvency of an insured does not relieve the insurance
company of its obligations under this policy.
Cancellation
This policy may be canceled by the insured by returning the
policy to the insurance company or by giving the insurance company written
notice that states at what future date coverage is to stop. However, the cancel
request must occur before the applicable event’s scheduled date and without a
claim having occurred.
The insurance company providing coverage may cancel this
policy by written notice to the insured at the address shown on the
declarations. Proof of delivery or mailing is sufficient proof of notice.
The insurer may only cancel coverage for nonpayment of premium
or due to either the honoree or the insured having concealed or misrepresented
information regarding this coverage.
Important: In
certain instances, parts of this provision may be pre-empted by state law
regarding cancel reasons, amount of notice and proof of delivery.
If any return premium is owed, it will be refunded at the
time of the cancellation or as soon as is practical. Payment of the unearned
premium has no bearing on cancellation.
Note: Return premium may be based on how long the
cancel request precedes the covered event. A short rate return is likely if
requested more than 30 days before the event. No return is likely if the
request is sooner than 30 days before the event.
Concealment or Fraud
Any intentional concealment or misrepresentation on the part
of the insured or the honoree may void the policy’s coverage.
This provision supports the fact that an insurer should be
able to rely on the statements made by the insured (or honoree) in making its
decision to insure a person or property. If the statements are seriously in error,
the insurance contract has no right to exist and the company has no obligation
to honor it.
Conformity to State Statutes
Policy terms that conflict with the laws of the state in
which the event shown on the declarations is located, are changed to conform to
such laws. This provision is rarely relied upon since amendments or
endorsements are added to policies to match the state where the policy is used.
However, there are instances where the condition may be applicable.
Coverage Changes
Only the insurance company has the option of waiving or
changing this policy’s terms. In order for a waiver to be effective, it must be
in writing and attached (endorsed) to the policy.
Legal Action against Us
Neither the insured nor the honoree is permitted to file suit against
the insurer without the amount of the insured’s or honoree’s liability having
been determined by either of the following:
Note: No person has
a right under this policy to join the insurance company or to speak for the
insurance company in actions related to determining the amount of an insured’s
liability.
Other Insurance
Depending upon the source of coverage that is available (in addition to
this policy), the policy may respond to the loss on either a proportional or an
excess basis.
When there is other insurance that applies to the loss, the insurance
company providing coverage under this form is only obligated to pay its share
of the loss. This policy’s share is based upon the portion of coverage it
provides in relationship to the total amount of coverage available from all
sources of coverage, which apply to the loss.
Records
The insured must support applicable claims with documents, bills of
sales or receipts that help to establish the amount of a claimed, eligible
loss. The insurance company must be provided access to
any, relevant documents.
Transfer of Rights of Recovery against Others to Us
When an insurer pays damages, it may ask the insured and/or the honoree
to transfer his or her right to attempt to recover damages from another party.
The insured must agree to do so and to fully cooperate with the insured in
pursuing the recovery. This act of seeking payment from a party responsible for
a loss is called subrogation. This right is valuable to an insurer. In fact, if
an insured hampers this right to recover payment after a loss has occurred, the
insurer may no longer be obligated to pay for the loss.
Note: Unlike other lines of business, there does not appear to be the usual
option of permitting the insured to seek a written waiver.
The absence of this option appears logical when you consider the typical
number of persons and business entities that may bear significant fault for a
cancelled or ruined event. It is likely a high priority to maximize the ability
to recover amounts from other parties.
Some policies may include a provision concerning protecting
the wedding party’s privacy. Much of the information concerning the policy,
application and claims may be quite sensitive, such as financial agreements and
medical or health information. Under this provision, the insurer agrees to act
in a manner that respects confidentiality with regard to the information it
uses, accesses and, if necessary, discloses to other parties. You may recognize
how this might be particularly important for high-profile weddings.