Legal Definitions - civil-authority clause

A civil-authority clause is a provision found in certain insurance policies, typically property insurance, that provides coverage for damages to insured property resulting from actions taken by government or emergency authorities. These actions might include efforts by police, firefighters, or other official agencies to prevent further damage, contain a hazard, or maintain public safety during an emergency.

Here are some examples to illustrate how a civil-authority clause might apply:

• Example 1: Fire Containment

  A small business owner has a commercial property insurance policy. A large fire breaks out in the building adjacent to their business. To prevent the fire from spreading, firefighters strategically break windows and spray water into the business's interior, causing significant water damage and some structural issues, even though the business itself never caught fire.

  In this scenario, the civil-authority clause in the business owner's policy would likely cover the costs of repairing the water damage and structural issues. The damage was directly caused by the actions of the firefighters (a civil authority) in their efforts to contain a larger emergency, not by a fire originating within the insured property itself.

• Example 2: Public Safety Operation

  During a city-wide emergency, police establish a perimeter around a dangerous area where a hazardous material spill has occurred. To secure a critical vantage point and ensure public safety, officers are forced to break down the gate and a section of the fence of a nearby, otherwise undamaged, commercial property.

  If the property owner's insurance policy includes a civil-authority clause, it would typically cover the cost of repairing the damaged gate and fence. The damage was inflicted by the police (a civil authority) as part of an emergency response to protect the public from a hazardous situation, not due to a direct peril like theft or vandalism.

• Example 3: Natural Disaster Response

  Following a severe hurricane, a coastal town experiences widespread flooding. To facilitate emergency access for rescue operations and to clear debris, the municipal public works department uses heavy machinery to create a temporary access road through a private, undeveloped lot, damaging several trees and altering the landscape.

  If the lot owner has property insurance with a civil-authority clause, it could potentially cover the costs associated with the damage to the land and trees. The damage was a direct result of actions taken by a civil authority (the public works department) during an emergency response to a natural disaster, aimed at ensuring public safety and facilitating recovery efforts.