Bard on the Beach sues insurer for allegedly failing to provide adequate business interruption coverage during the COVID-19 pandemic.
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A company that produces Shakespearean plays in Vancouver every year is suing its insurer for allegedly failing to provide adequate coverage for business interruption during the COVID-19 pandemic.
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Bard on the Beach Theater Society, which presents plays in Vancouver’s Vanier Park and sees 100,000 people attend its performances annually, is suing Ecclesiastical Insurance Office PLC for losses suffered in 2020.
In the suit filed in BC Supreme Court, the society notes that in March 2020, due to the emergence of COVID-19 in the province, the provincial health officer issued an order prohibiting gatherings of more than 50 people.
The following month, in response to the health order and after weighing the risks and unpredictability of the pandemic, the society says it announced the cancellation of the 2020 season plays.
Bard says that in March 2020 he had notified the insurance company of the imminent cancellation of the season and that he would file a claim under his insurance policy.
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Then, in July 2020, Ecclesiastical informed Bard, through its insurance broker, that it would provide Bard with $100,000 prior to the determination of Bard’s claim, a move that resulted in Bard receiving the advance payment in August of that year. year, depending on the demand. .
In September 2020, the insurance company provided Bard with an assessment of his losses under the policy of $593,981, but without providing any explanation or coverage opinion to explain the policy basis for the calculation, the lawsuit says.
When Bard requested an explanation of the calculation, Ecclesiastical advised that it would only discuss the basis for the figure if Bard first agreed that it was correct, a request Bard denied, according to the brief.
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In March 2021, Bard provided Ecclesiastical with a copy of a report that estimated a total claim value of $1,705,690, after deduction of the retainer, in connection with the cancellation of the 2020 season, Bard says.
Ecclesiastical allegedly responded to Bard’s claim with a new estimate of Bard’s net loss of $52,815, not including the retainer.
In May of this year, Ecclesiastical informed Bard that it would pay him the additional $179,000 in partial settlement and cancellation of any claims, and Bard received the additional sum on June 29, reflecting total payments to date of $279,099, it says. the demand.
“To date, and despite lawsuits, Ecclesiastical has failed or refused to estimate the value of Bard’s claim in accordance with the policy,” the lawsuit says.
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Bard’s lawsuit alleges that the insurer has been treating her as an “adversary” in dealing with the claim and is seeking damages in the amount of insurance proceeds due and damages for breach of contract.
No response has yet been filed to the lawsuit, which contains allegations that have not been proven in court.
An Ecclesiastical spokesman said in an email that they were not in a position to comment on individual claims as all files are confidential.
On its website, Bard describes itself as Western Canada’s largest non-profit professional Shakespeare festival.
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