OSF sues insurance company - News - DailyTidings.com - Ashland, OR

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2015-10-19

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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation  |  Register x Forgot Password | Need an Account? subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED   » NEWS NOW   Chris Honoré: 'Black Lives Matter' — the context       ...       Darkly comedic 'Divine Lunacy' gives insight into mental illness       ...       60-second stories sort through tragedies       ...       Chris Honoré: 'Black Lives Matter' — the context       ...       Darkly comedic 'Divine Lunacy' gives insight into mental illness       ...       60-second stories sort through tragedies       ...           OSF sues insurance company Comment By Nick Morgan For the Tidings DailyTidings.com By Nick Morgan For the Tidings Posted Oct. 18, 2015 at 2:22 PM By Nick Morgan For the Tidings Posted Oct. 18, 2015 at 2:22 PM »  Social News The Oregon Shakespeare Festival is suing its insurance carrier for denying a claim for lost patronage because of wildfire smoke in 2013. In a civil complaint filed Oct. 12 in U.S. District Court, the Oregon Shakespeare Festival Association is suing Great American Insurance Company for $381,121. The bulk of that figure represents a claim of $373,470 for canceled performances at OSF's Elizabethan Theatre between July 30 and Aug. 7, 2013, because of hazardous air quality. The complaint cites a passage from OSF's "BusinessPro" insurance policy issued by GAIC that includes coverage for the actual loss of business income and the suspension of operations during a period of restoration. Throughout Southern Oregon, multiple outdoor concerts, performances and sporting events were canceled the first week of August 2013 because of hazardous levels of smoke and particulate matter in the air from five concurrent lighting-caused wildfires that started between July 26 and July 29. According to the complaint, the insurance company first denied OSF's claims in October 2013. The festival requested that the insurance company reconsider on April 28, 2014, on the grounds that the smoke, soot and ash resulted in physical loss and damage to the Elizabethan Theatre. The insurance company said it would not reconsider on May 13 of that year. On Aug. 8, 2014, OSF asked the insurance company to again reconsider, and submitted a separate "extra expense claim" of $7,651 relating to assorted performance, cleaning and repair costs that the organization says it wouldn't have incurred had the hazardous air quality incident not occurred. The extra expense claim included damage to OSF's heating and cooling system, performance equipment that needed additional cleaning and repair and costs relating to substitute performances. The insurance company denied the extra expense claim Aug. 18, 2014, and stated again it would not reconsider the business income claim. OSF argues it is eligible for punitive damages because the insurance company made "repeated requests for information regarding those claims" on Oct. 15, Nov. 11 and Dec. 17, 2014, and Feb. 23, May 7 and May 27, 2015. Fourteen OSF employees were examined under oath at the request of the insurance company between June 23 and 25, 2015. The insurance company again denied OSF's two claims on Aug. 28 of this year. "In committing these acts, GAIC acted intentionally, oppressively, maliciously and fraudulently, with a conscious disregard of OSF's rights," the complaint says. Reach newsroom assistant Nick Morgan at 541-776-4477 or [email protected]. By Nick Morgan For the Tidings DailyTidings.com By Nick Morgan For the Tidings Posted Oct. 18, 2015 at 2:22 PM » Comment or view comments   Reader Reaction »  STAY INFORMED   Email NewsLetter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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