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Fayette County sheriff, state’s attorney warn business owners that their state licenses could be at risk if they re-open
Monday, May 4, 2020 - Posted by Rich Miller * Fayette County Sheriff Chris Smith and Fayette County State’s Attorney Josh Morrison…
A list of state-regulated professions is here. I checked with the governor’s office about this very thing last week and was told revoking a state license could be a complicated process involving local boards of public health. We’ll see where this goes, if anywhere. But it’s still a good reminder, even if it looks a lot like a good cop, bad cop type of thing. Fayette County is in southern Illinois. Its county seat is Vandalia. * The sheriff and state’s attorney also had some guidance about masks…
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- Annonin - Monday, May 4, 20 @ 10:45 am:
Close friends report the Tazewell Co. sheriff also has a “do nothing” pose for the SAH order, but they mention the Sheriff seldom leaves Pekin office anyway so it will be hard to detect any change.
- TheInvisibleMan - Monday, May 4, 20 @ 10:45 am:
Not just that. On the private sector side, any business that opens in defiance of a state executive order is at risk of losing their insurance coverage.
In a worst case scenario, some might not realize it until an injury or claim happens at their establishment, and they are told by their insurance company their claim is denied.
Best case, large swaths of businesses are sent notice their policies have been cancelled.
You can ignore the law. Your local officials can refuse to enforce it. But you can not avoid the consequences from the rest of the world outside of the local bubble.
- Lynn S. - Monday, May 4, 20 @ 10:47 am:
Good for these gentleman (banned punctuation)
I’ll take this as proof a few intelligent people exist down there.
- Lynn S. - Monday, May 4, 20 @ 10:50 am:
Invisible Man, thanks for that information.
Sending you a virtual high five.
- walker - Monday, May 4, 20 @ 10:51 am:
massive-aggressive friendly warning
- efudd - Monday, May 4, 20 @ 10:58 am:
…And now a message from the adults in the room.
- Anyone Remember - Monday, May 4, 20 @ 11:00 am:
“… is at risk of losing their insurance coverage.”
Proof if the Bard of Avon was writing today, he’d argue for slaying insurance company executives? /s
- Flapdoodle - Monday, May 4, 20 @ 11:03 am:
Walker — “massive-aggressive” — that’s good
- Candy Dogood - Monday, May 4, 20 @ 11:15 am:
===I’ll take this as proof a few intelligent people exist down there===
You’re not reading between the lines well enough. Local officials are passing the buck and putting in writing that they are not going to be proactive about public safety as long as the threat is an invisible virus.
- tea_and_honey - Monday, May 4, 20 @ 11:17 am:
I’m in Woodford County (where the State’s Attorney said “open back up, I won’t prosecute) and the local bar was packed on Friday night. So obviously the threat of losing a liquor license isn’t enough for at least one bar owner.
- Stuff Happens - Monday, May 4, 20 @ 11:20 am:
I’m glad to see counties starting to make these things clear.
I made the mistake of asking about enforcement on a neighborhood mailing list in Champaign County. I’m amazed how many people don’t really know what the Executive Order says — some believe masks are always optional, others believe their rights have been taken away and they can’t go anywhere at all, and so on. This is a college town and these are highly educated people.
I feel like the word needs to get out more in a simple, bulleted list. Maybe put it at the top of the covid19.illinois.gov site, too.
A lot of people just don’t know what they’re expected to do. Between disinformation, misinformation, and a lack of consistency between press releases and executive orders, there’s a lot of noncompliance going on.
- Tynie - Monday, May 4, 20 @ 11:26 am:
I’m in Peoria, and I’m not sure how far the cops in my area will go to enforce the SAH.
They’ve had other, much more volatile things to deal with, especially this past weekend.
Here’s what I mean:
https://week.com/2020/05/03/woman-shot-in-the-arm-sunday-in-peoria/
https://week.com/2020/05/03/peoria-man-dies-in-overnight-double-shooting/
- Steve Rogers - Monday, May 4, 20 @ 11:29 am:
Fayette County. That’s Blaine Wilhour’s district, I wonder what his reaction is to common sense?
- Lynn S. - Monday, May 4, 20 @ 11:29 am:
@Candy DoGood,
I grew up in Southern Illinois.
Don’t know where you’re at, or what contacts/experiences you’ve had down there.
I’ve got lots of family down there, some of whom I am actively avoiding, because they are textbook Trump voters, and have been for almost 3 decades.
These two men reside not far from Darren Bailey. They’re going to have rough re-elections, because of this press release.
That’s why I’m willing to give them credit for intelligence.
- Candy Dogood - Monday, May 4, 20 @ 11:31 am:
=== tea_and_honey - Monday, May 4, 20 @ 11:17 am:===
You should be a dear and let the IDPH know.
- Donnie Elgin - Monday, May 4, 20 @ 11:31 am:
Would IDFPR and The Illinois Liquor Control Commission need to monitor the website/social media of businesses in the county, or would they rely on snitches? Or is just posturing
- Lynn S. - Monday, May 4, 20 @ 11:32 am:
Stuff Happens,
Dare I ask what mailing list/internet group?
- Ken_in_Aurora - Monday, May 4, 20 @ 11:32 am:
===- TheInvisibleMan - Monday, May 4, 20 @ 10:45 am:===
I’m a commercial P&C underwriter, not a claims person. What are you basing this on, please? A quick review of ISO CGL, Property and BOP coverage forms doesn’t offer anything on point. Yes, a carrier can probably choose to nonrenew based on noncompliance with these governmental orders, but deny coverage? I’m having a hard time seeing that - but I could well be wrong. What am I missing?
- Candy Dogood - Monday, May 4, 20 @ 11:41 am:
===That’s why I’m willing to give them credit for intelligence. ===
I usually suspend benefit of the doubt when written statements come out in such a fashion that involve deferring all responsibility for their duties to the public onto state government and private businesses.
While it’s helpful they’re making those observations, every sizeable municipality I am aware of also has a variation of a business licenses or similar permit for operations. The ability to enforce the order doesn’t just fall to the state’s authorities, and they’re leaving out that it comes down to local authorities to enforce a revoked state license or permit as well.
I don’t see this statement as an indication of tacit support for the stay at home order — I see it as a wink, a nudge, and a shifting of blame onto other entities if the counties are forced to enforce them. It also places pressure on businesses to confirm with whatever attitude their customers have because the local authorities only have their back if they snitch.
I’ve been out to a few businesses this weekend — large corporate entities — where all of them had nice signs about masks, but only one of them was actively enforcing/forcing their customers and employees to wear a protective mask of some variety.
Given the nature of this virus — and just due to plain ignorant people — we’re going to be seeing an unprecedented public health crisis in several of our down state communities in 3 or 4 weeks on account of the same mentality that causes some folks to stand on their porch until they see the tornado bearing down on their home.
We can’t even get local authorities, local communities, and bars on board with the uniform acceptance of a smoking ban in down state and unfortunately more authorities give a thumbs up to law breaking than they should — instead of recognizing that a bar that allows in doors smoking is also breaking all of the other laws they find inconvenient or personally objectionable.
- Thomas Paine - Monday, May 4, 20 @ 11:48 am:
My grandparents marched through 12 years of the Great Depression followed by World War II.
Darren Bailey and his followers can’t stand three months without Dave & Buster’s.
I always knew the pandemic would be a test not of our science, but our personal fortitude. Everyone has their limits, but I am surprised to see so many in downstate crumble so quickly.
it does not bode well for the long road ahead, and suggests we can expect a strong second wave of infections.
- DrAntee - Monday, May 4, 20 @ 11:57 am:
It would be nice if more of these grandstanding local politicians trying to reopen their counties and cities would inform the businesses they claim to care so much about of the risks involved with ignoring the EO.
- TheInvisibleMan - Monday, May 4, 20 @ 12:11 pm:
===but deny coverage?===
The nuances would of course be different with the most likely outcome being a non-renewal of policy as you stated.
However, if you are breaking an order that specifically states your business is not to be open, that would easily fall into negligence category. Not just negligence, but knowingly going against the directive for your business would easily be determined to be gross negligence which then denies a payout.
From a purely book and numbers standpoint, any business that opens would be putting their policy at risk at a minimum. When the dust settles the most likely outcome would be that it would only impact a businesses who attempt to file a claim while they are open in defiance of a do-not-open order.
As you know, insurance companies are already denying loss of business claims from businesses being closed due to the order. I see no reason to think an underwriter would behave any differently with the additional condition of documented gross negligence by a business owner.
- Candy Dogood - Monday, May 4, 20 @ 12:12 pm:
===Lord Haw Haw - Monday, May 4, 20 @ 11:59 am:===
Someone thinks they’re wittier than they are.
- dbk - Monday, May 4, 20 @ 12:17 pm:
Downstate counties to State of Illinois: Check.
State of Illinois to downstate counties: Checkmate.
- Lynn S. - Monday, May 4, 20 @ 12:22 pm:
@ Donnie Elgin,
Several counties in Southern Illinois have populations below 100,000.
Many have populations below 30,000. At least one of them is clinging desperately to 5000 (I can’t remember which one, right now).
If anything’s open that shouldn’t be, I guarantee you that the local health department knows, probably within 2-4 hours.
Grapevine works real quick in a field that small.
- Zack Morris - Monday, May 4, 20 @ 12:35 pm:
If there was ever an example of willful and wanton conduct, this is it. You can disregard the orders all you want, but there are consequences for your actions.
- Ron Burgundy - Monday, May 4, 20 @ 12:48 pm:
Deny based on intentional act/violation of law, nonrenew based on unacceptable risk.
- Ken_in_Aurora - Monday, May 4, 20 @ 1:11 pm:
Re: the insurance issue. This is not a municipal code or state law being ignored, so I don’t think it would be a slam dunk denial. And this is totally separate from the Business Interruption denial issues, that is due to application of standardized forms like CP 01 40 and proprietary variations thereof.
Quite frankly, this feels like scaremongering. I fully support shelter in place for all sorts of reasons, but this is like telling the kids to stay in bed to avoid the monster in the closet.
- Lynn S. - Monday, May 4, 20 @ 1:25 pm:
@ Ken,
I had to go to Aurora a few weeks ago, to do some business stuff with my brother.
Aurora’s 200,000 people now.
Try going to a county below Champaign. (The Douglas County Sheriff got a few days of press when he went all “bad@$$” over his denunciation of the EO.
Try going to a county with a population below 100,000.
Public discourse about the EO in those places is not what it is in Aurora.
And they all think that because they are loyal, God-fearing American capitalists, they will not get ill from Covid-19.
And if they do, it won’t be worse than a seasonal flu.
And anyone who dies is old, with other health complications, and was going to die anyway.
It gets pretty jaw-dropping, at lightning speed, down this way. You almost have to experience it to believe it. Just a fair warning.
- JoanP - Monday, May 4, 20 @ 2:05 pm:
@Ken_in_Aurora -
If I am not mistaken, businesses operating in violation of the executive order are committing a Class A misdemeanor.
They might well be denied coverage if they are committing a crime.
- Candy Dogood - Monday, May 4, 20 @ 3:19 pm:
===so I don’t think it would be a slam dunk denial===
Lets say I provide dram shop coverage for a bar and those policies are purchased annually along with the approval of the liquor license. Let’s say someone decides to operate their bar when it is supposed to be closed and something regrettable occurs.
When my claims agent reviews the claim and discovers that the establishment wasn’t even supposed to be operating at the time the claim is being filed, you better believe that my company is not covering that claim.
Change “dram shop” to any other kind of operational liability insurance you can think of for any other kind of company or business. This EO isn’t going to impact personal home or auto policies, but it’s definitely going to cause some scrutiny for any claims made by or against a business during this time period.
“How exactly was it that Billy Joe got hurt at work at this non-essential retailer?”
- Blue Dog Dem - Monday, May 4, 20 @ 3:35 pm:
Candy. Great read. I assume the state will be issuing rebates to those businesses who purchase a year or multi year license. Gram shop included. It would only seem fair, if the govt is mandating closure.
- Ken_in_Aurora - Monday, May 4, 20 @ 3:58 pm:
I’m going to have to disagree with some of the insurance positions presented here. If an insured is operating within the boundaries of the rated class or classes, an insurer is going to have a very hard time denying coverage. I’m actually more concerned about (say) restaurants that are selling cook-at-home kits curbside - that could be considered a uncontemplated exposure. (And I would willingly, even eagerly participate in a beatdown of any claim rep that tried to deny coverage for a case arising out of that.)
As I said before, I’m not bringing this up out of any disagreement of mask requirements or shelter at home policies. It’s more calling out that I believe the risk of a carrier denying coverage to be overstated. That’s coming from almost 40 years industry experience including working with state insurance departments and rating bureaus. At least that’s underwriting intent - claims people sometimes seem to be taking orders from managers on acid.
- Fayette County - Monday, May 4, 20 @ 4:00 pm:
I live in Fayette and these two individuals are both elected Republicans. Surprisingly, the response has been either muted or positive for the most part. It seems that some are, at least on the fair and balanced Facebook, twisting the response into an anti Pritzker story. The claim is that the locals have to do this because Pritzker is holding “us” hostage to get money from Trump. Yes, the logic is hard to follow. I think both officials responded appropriately and did it in a good way.