McCrystal Insurance Brokers Issue 5 | Page 25

Understanding Acts Of God Acts of God do not imply that no one is liable for damages. A natural disaster, such as a flood or an earthquake, usually isn’t foreseeable or preventable. However, the insured cannot use the event as an excuse for not taking reasonable care to try to prevent or protect against damages. Say a dilapidated warehouse collapses during an earthquake and injures bystanders. The owner claims an act of God caused the building to fall. However, the insurers will likely asses the claim, and there may be no recourse in court because the owner did not take reasonable care to maintain the structural integrity of the building. Likewise, governments also need to take reasonable care to prevent disasters. Say a state failed to maintain a dam that burst and caused major damage to a community. This is not an act of God. Intense rains may have caused bodies of water to swell, but the flooding was a direct result of the government’s lack of action to maintain water retention systems.