Legal Definitions - commotion

In a legal context, the term "commotion" generally refers to a significant public disturbance or disorder. While it can broadly describe any noisy or agitated activity, when encountered in legal documents, particularly when cross-referenced as in the source, it almost always refers specifically to a civil commotion.

A civil commotion is a public disturbance that is more widespread and serious than a simple riot but does not escalate to the level of an insurrection or civil war. It involves a substantial number of people acting together in a disorderly and tumultuous manner, often with the intent to disrupt public peace or achieve a specific objective. Such events can result in property damage, injury, or significant disruption to daily life and public services. Insurance policies frequently define and address losses caused by civil commotion, often treating it as a distinct category of risk.

• Example 1: Insurance Claim for Property Damage

  During a period of heightened social tension, a large, organized protest against a new local ordinance escalates. While not a full-scale rebellion, the protest involves widespread vandalism, including smashed windows and graffiti on numerous businesses, and several instances of looting in a specific commercial district over the course of an evening. A small electronics store owner finds their shop front extensively damaged and some inventory stolen.

  Explanation: The widespread vandalism, looting, and general breakdown of order by a substantial group of people, exceeding a localized brawl but not reaching civil war, constitutes a "civil commotion." The store owner's commercial property insurance policy might cover the damage and loss, depending on whether "civil commotion" is a covered peril or an exclusion, and how it is specifically defined within their policy.

• Example 2: Business Interruption Due to Public Disorder

  A major international summit is held in a capital city, leading to several days of large-scale, disruptive demonstrations by various activist groups. These demonstrations involve blocking major roads, occupying public squares, and occasional clashes with police, effectively paralyzing parts of the city center. A hotel located near the summit venue experiences numerous cancellations and a significant drop in new bookings because guests cannot access the area easily and fear for their safety.

  Explanation: The sustained, widespread public disorder and disruption caused by the demonstrations, which significantly impede normal business operations and public movement, could be classified as a "civil commotion." The hotel might seek to claim business interruption losses under its insurance policy if "civil commotion" is a covered event that prevents or severely restricts its operations.

• Example 3: Contractual Force Majeure Clause

  A company is contracted to deliver a large shipment of goods to a port by a specific date. However, widespread public unrest erupts in the region due to a controversial government decision. This leads to spontaneous but large-scale blockades of roads, strikes by port workers, and general chaos that prevents the company's trucks from reaching the port and ships from docking for over a week.

  Explanation: The extensive and disruptive public unrest, involving numerous individuals and causing significant operational paralysis beyond a simple strike, qualifies as a "civil commotion." The company might invoke a force majeure clause in its contract, which often includes "civil commotion" as an event that excuses delays or non-performance, arguing that these circumstances were beyond their reasonable control.