COVID-19, insurance, and liability: no concern if you’re following government orders

The B.C. Government has provided clarity on the insurance coverage of essential services during the pandemic.

Any service deemed essential cannot be held liable for damages caused by exposure to COVID-19 while continuing to operate, so long as orders from the Provincial Health Officer and other authorities are being followed.

The order is being introduced following insurance challenges faced by essential service businesses as a result of the pandemic.

For example, a child care provider will not be liable for a child in their care or family member being exposed to the virus, as long as they followed proper protocol on how to prevent the spread of the virus including proper handwashing, regular cleaning, and identifying children who are sick.

However, the order does not remove all responsibility as essential service providers who are not compliant with authorities or who are grossly negligent will not receive protection.

Finally, the order only applies to situations related to COVID-19 and will remain in effect for as long as the state of emergency remains in place.