Risk & Business Magazine JGS Insurance - Fall 2020 | Page 28

PANDEMIC UNCERTAINTY If anything has become certain during the pandemic, it may just be how uncertain everything is going to be from one day to the next. With the exact details of COVID-19 changing from month to month, certain areas being hit much harder than others, and guidance from local, state, and federal government sources not only changing on a weekly basis but also (often) seemingly contradicting themselves and medical sources, it is a time when uncertainty has become the norm. For many communities, this leaves a lot of questions on the table, many of them with answers so steeped in legalese that it would take months to decipher them. When it comes down to it, the goal of any community is to protect the residents of the community and the community itself. Consider some of the following: • Is reopening as soon as possible in the best interest of the community? Just because guidelines allow for a location to reopen does not necessarily mean it is a good idea to do so. In fact, as time has come to show, many areas that have reopened early are quickly walking those steps back in the other direction. • What is the interest of the community in opening? Costs? Budgetary reasons? • If the decision has been made to PANDEMIC, UNCERTAINTY, AND THE TREACHEROUS WATERS OF COMMUNITY LIVING reopen, a plan needs to be formed. Review all mandates and apply them to the governing documents of the community. Consult with legal counsel, vendors, and other relevant parties. Have a written plan of action that is to be implemented in a consistent and uniform manner. Of these three, budgetary reasons may be the largest driver to open back up, and it is also the most complex. For one thing, budgets are not a fly-by-night procedure. A budget for a community organization is often made months or years in advance, and the current situation has quite literally turned everything on its head. It is next to impossible to account for budgetary concerns when there is no clear path back to normalcy. From liability and risk management perspectives, brokers and agents meeting with their clients in these communities have a whole other set of issues. There are simply liabilities floating around out there which cannot be covered. The virus itself is the most obvious example. Following the same path, privacy issues stemming from misconfigured or misused communication apps can be a problem as well. Who is responsible for those? These issues are only the tip of the iceberg. Given the current state of things—that is, the current state of uncertainty—it makes more sense to simply stay closed and wait than to run the risk and try to open back up. What is your community doing to handle these issues? Have you tried to open back up? Do you have a plan in place for when you are able to? If not, we can help. + BY: ROSS E. RUTMAN, CLCS, CPIA ASSISTANT VICE PRESIDENT JGS INSURANCE Ross Rutman began his career in the property management industry 15 years ago. While working within various departments including operations, information technology, condominium management and insurance; Ross decided to pursue his passion and joined JGS Insurance. For the past three years Ross has represented the JGS marketing team by working alongside our sales, service and management side of our business. He strives to provide a consultative approach and proactive services to our clients. 28