17 minute read
Canine Corner
By Patricia Hudson and
Sophia Hudson, the Rescue Yorkiepoo Canine Corner has taken on a different look this issue. We're featuring rescue dogs that have found their “furever families!” It was love at first sight when mom saw me on S.A.V.E. Rescue’s website. Here are some glamour shots of my friends.
Sophia
Fenton Uran, Abandoned Animal Rescue
Oreo Eugenio, adopted from Cypress Lucky Mutt
Stormie, Max, Felicity, and Charlotte Boutwell, All Texas Dachshund Rescue
Jacks Glass (rescued off the street)
UNDERSTANDING BUSINESS LOSS INSURANCE
What business owners should consider when they are told their losses are not covered
Being a business owner right now is difficult. Between Coronavirus damage and orders from state and local governments, most businesses have shut down. While businesses are closed, fixed expenses (e.g. rent, utilities, insurance) drain cash reserves. As commerce in many se ctors of our nation’s economy has ground to a halt, most businesses have been forced to close, and for some, the only option has been to furlough employees. Many business owners were diligent , purchased insurance, and paid premiums for years in order to have coverage for business losses. Often insurance agents and brokers promoted the insurance by describing the policy as a “safety net” in case there was a b usiness interruption. But now when the coverage is needed the most , insurance companies and agents are telling businesses that their losses are not covered. One thing is certain: when it comes to protecting policyholders against business losses associated with the Coronavirus Pandemic, business owners are finding out that the insurance industry is not a good neighbor and not on their side. Despite what businesses a re being told, there may be insurance coverage for losses associated with the Coronavirus Pandemic. Whether a business is covered for the current interruption in its activities is a question that requires an analysis of the specific language of the insurance policy including all exclusions, a review of the government order closing local businesses, and knowledge of the legal precedent interp reting insurance policies. When it c omes to insurance coverage, the specific language of the policy makes a difference. While some policies have formidable exclusions that arguably eliminate coverage, there are many variations in the policy language and some policies may not exclude coverage. In connection with most business loss claims associated with the Coronavirus Pandemic, three things that to look for in a commercial property insurance policy are (1) business interruption coverage, (2) civil authority coverage, and (3) microorganism coverage or exclusion.
Business Interruption Coverage
Business interruption coverage ensures a business for losses caused when its normal business operations are disrupted. This coverage is usually bundled with other types of coverage under a business owner’s policy, bu t some businesses may have separate policies that cover business-interruption losses. A feature of business interruption coverage you will want to be aware of is the standard policy language in most policies that limits coverage to losses caused by “direct physical loss of or damage to property.” Based on the claim denial letters business owners are receiving, it appears that the insurance industry is taki ng the position that a virus in a business that attaches to surfaces, lives for days, is highly contagious and potentially deadly does not constitute any damage to the business owner’s property. While no Court has yet ruled on whether the Coronavirus causes property loss or damage in a COVID -19 case, there are comparable situations where Courts have found the requisite property damage to invoke business interruption coverage. The language of the Harris County Judge’s Order that closed businesses should also be helpful to businesses when they challenge the denial of their insurance claims. Specifically, Harris County Judge Hidalgo’s Order states: Whereas the COVID-19 virus is contagious and spreads through person-to-person contact, especially in group settings; and Whereas the COVID-19 virus causes pro pert y loss or damage due to its ability to attach to surfaces for prolonged periods of time; Source: www.readyharris.org/Stay-Home Based on this declaration, it can be argued that all businesses that are normally open to the public have suffered the type of property loss or damage necessary to trigger coverage under standard business interruption policy language.
Civil Authority Coverage
Many businesses have insurance policies that include “civil authority ” coverage—a type of coverage for lost business income that should be available when your business is closed by order of a government entity. Seems clear. However, when it comes to insurance coverage issues, very little is black and white. Insurance companies and their armies of lawyers are very creative when it comes to finding ways to deny coverage to businesses and policyholders. For example, after September 11, 2001, airspace was closed by the government . Airlines, hotels, restaurants, and other hospitality businesses were devastated by the loss of business they suffered due to the lack of airline travelers. Even though these businesses had civil authority coverage, insurers denied their claims, arguing that the government orders did not order t hat those businesses close. The same thing happened to businesses in By Rob Ammons, The Ammons Law Firm
Louisiana after hurricane Katrina. In those cases, the Courts sided with the insurance company claiming that the businesses were never actually ordered to close. But Coronavirus is different. The position that the insurance companies took in the wake of these past disasters can be used against them now! The same court decisions that favored insurance carriers in these past di sasters can be used to make a strong case that civil authority coverage directly applies for business losses caused by government-ordered business closures due to the coronavirus.
Microorganisms
Since the outbreak of SARS in 2003, some insurance policies explicitly exclude damages caused by microorganisms. A standard insurance clause excludes payment “for loss or damage caused by or resulting from any vir us, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease.” Other policies, however, only exclude from coverage losses caused by bacteria, but not viruses like Coronavirus. Here again, a careful reading of the policy is crucial. Insurers will likely also argue that standard policy language that bars coverage for damages caused by “pollution” or oth er exclusionary language applies to business losses caused by Coronavirus, and different courts have interpreted these provisions differently. So it is important that the specific policy language be reviewed by a lawyer familiar with the court decisions interpreting these provisions of the business insurance policy. Finally, at least some policies that target the restaurant, gym, movie, healthcare, and s imilar industries industry explicitly provide coverage for losses caused by “communicable or infectious diseases,” without the need to show that the loss was the result of actual physical damage to property.
Conclusion
When business pay premiums for business interruption coverage, they expect to be covered if they are unable to continue normal operations. Business losses caused by Coronavirus are stagge ring. Business owners can expect the insurance industry to use every imaginable excuse to avoid covering these losses. A prudent business owner should not rely on an insurance company or anyone beholden to the insurance industry to interpret the policy language or to tell them whether their business loss claim is covered. At the same time, it makes little sense for struggling business owners to incur mor e expense paying lawyers hourly fees to review their insurance policy language. The Ammons Law Firm is currently reviewing business insurance policies under a contingency fee arrangement that requires payment only if a recovery is ultimately obtained for the business owner. This means that a business which has already lost revenue due to the shut down does not have to incur any out-of- pocket expense. Given the hefty premiums that business owners have paid for business loss insurance and the uniform way in which insurance companies are denying the claims, it cannot hurt to have a qualified lawyer review the policy language to determine whether payment may be owed for Coronavirus-related losses. Rob Ammons is a business owner and the Founder of The Ammons Law Firm. He has been representing business own ers and consumers in claims against insurance companies for over thirt y years.
Due to Stay Home/Stay Safe restrictions, need, and perhaps, boredom, many have turned to experimentation in the kitchen. What has been your most successful culinary creation during this time? Your epic fail? PinPointe Magazine readers want to know! Melanie Vargas: “I made Easter dinner with a perfectly cooked prime rib!”
Marcie Fischer-De Mesa:
”Homemade No-Bake Keto Cheesecake with almond flo ur/pecan crust; the fellow quarantinos kept inhaling them.” Ca rrie Kossoudji: “Banana Bread. I hadn’t made it in years. I made it as a request for a donation.” Alison Malone: “My epic fail was an Enchilada Pizza. I don’t know why I thought it was a good idea to put enchilada sauce on a pizza crust with chicken and cheese; it was horrible. Like the worst Mexican/Italian fusion ever. Even my kids wouldn't eat i t!” Jaime Connor Pierce: “I made my first Pavlova!” She ila Wyborny: “For the first time, I made my late mother-inlaw’s pineapple banana nut bread. My Cornbread Casserole has become a frequent go-to. One casserole dish lasts hubs and me four meals.” Marcus Wells Best: “Braised short ribs” Heather Baker LeDoux: “Homemade Alfredo Sauce. It was so easy and quick. Won't buy jar stuff again!” Kimberley Danforth: “For got to buy mayonnaise and made my own… so much better than store bought.” By Patricia Hudson
Covid-19 Cypress Cookin’ in the Kitchen
Melissa Durham: “I made an Italian style soup that included garbanzo beans. My 5-year-old HATED them (she’s overall a great eater).” Jeanne Torres, CFISD Culinary Arts Teacher: “I made Shrimp and Grits! Yum! When this whole thing started I started a website that features a baking/cooking challenge every week (while most of my students could care less there are the few that look forward to the challenge. This one was Shrimp and Grits.”) Chris Romani: “I made a pork loin in the crockpot with H-E-B creme of poblano soup; it was delicious.”
M ichele Haydel Buchholz:
TRY TO STAY AWAY FROM THINGS/PEOPLE THAT INCREASE YOUR ANXIETY. We all have our own way of dealing with a crisis, and some of us do better than others. If you have the emotional energy to give to others during this time I encourage you to do so. If you are feeling drained and are having a rough time it is OK to pull back from those that are adding to your stress level.
DON'T COMPARE YOUR QUARANTINE TO OTHERS. There are some people who are crushing the at home workout game. Some of us are crushing oreos. Some people have elaborate homeschool activities for their kids, and some of us are letting youtube teach them nothing. This is NOT a competition. We are all doing our best, and yes maybe it isn't our ACTUAL best. THAT IS OK.
WHAT CAN WE LEARN FROM ALL OF THIS? It is important that we walk away from all of this with something gained. Can we appreciate bumping into our regular friends at Starbucks? Do we appreciate our time with our families a little more? Have we learned to appreciate our alone time? Are we more aware of how much actual human connection means to us? Have we learned that The Tiger King makes our lives seem less insane? Try to do some reflection maybe e ven create a list of things that you appreciate more so when this is all over, we become better because of it.
Stay Fearless and hang in there! Aison
Cypress Area Seniors Share Their Plans For After Graduation
It’s been an atypical and tumultuous year for our community’s Bears in hibernation and Mustangs stuck in the stables. But the Class of 2020 is still looking ahead toward a bright future. The following Seniors have graciously shared their plans for the future with us.
Plans to study Medical Sciences.
CHASE ALLISON Bridgeland High School
Will be attending Sul Ross State (committed to play football). Majoring in Criminal Justice
CAMEON BALL Bridgeland High School
Will be attending Texas A&M studying Computer Science in the College of Engineering.
MATTHEW BARRY Bridgeland High School
Plans to study Elementary Education at Baylor University.
KELLY BRADFORD Cypress Ranch High School
Will start at Lone Star College and then plans to study Political Science or Pre-Law at the University of Houston.
BRADY BRECHTER Bridgeland High School
Plans to study psychology with a minor in Marriage and Family Studies at Brigham Young in Idaho.
KATE BRIGHT Bridgeland High School
Plans to study Microbiology at Sam Houston State University.
DILLON BROWN Bridgeland High School
Plans to study Health Science Studies, Pre-Physical Therapy at Baylor University.
LOGAN BURNS Cypress Ranch High School
Plans to play Baseball and study Astronomy.
BLAINE BURRIS Cypress Ranch High School
Plans to attend Lone Star College for a year then transfer to art school to study Graphic Design.
MEGAN CLARK Bridgeland High School
Plans to study Biomedical Sciences at Texas A&M.
CHRISTINA COE Cypress Ranch High School
Plans to study Automotive/Diesel and Industrial Technology at UTI.
JAVONNI CORDOVA Bridgeland High School
Plans to study Sports Management at LSU.
JADEN CRAIN Bridgeland High School
Plans to study Psychology at Arizona State University.
MACENNAH CRAWFORD Cypress Ranch High School
Plans on attending ULL or LSU.
BRYCE DOUCET Cypress Ranch High School
Will be attending High Point University, NC. Studying Sports Marketing and Management.
SEBBY GILIBERTO Bridgeland High School
Planning to major in BioMedical Sciences - Pre-Med at Tarleton State University.
SARAH GOLSCH Cypress Ranch High School
Accepted to Morehouse College and plans to major in Physics and Biology for a dual degree.
JOSHUA GRAVES Bridgeland High School
Plans to attend Texas A&M. To study business and become a member of the Corps.
CALLIE GUEST Bridgeland High School
Plans to attend American University in Washington DC and study Political Science with a Pre-Law track.
JOSHUA GUEST Bridgeland High School
Plans to study Agribusiness at Texas A&M.
TOM KIRKPATRICK Bridgeland High School
Plans to study Professional Aviation at CTC Texas A&M. BENJAMIN "TREY" KNIPPERS III
Cypress Ranch High School
Will study Writing and Rhetoric at The University of Texas.
LAUREN KOOPS Cypress Ranch High School
Will be attending Blinn Junior college before he transfers to Texas A&M to study Veterinary Medicine.
BRAYDEN KRUEGER Cypress Ranch High School
Will major in Economics and Computer Science, minor in Mandarin, and play D3 Lacrosse at Swarthmore College.
NATHAN LEE St. Thomas High School
Plans to pursue a Liberal Arts degree and achieve her dream of becoming an archaeologist.
AUDRIANA LOPEZ Cypress Ranch High School
Attending Lone Star transferring the University of Texas San Antonio Studying Elementary Education.
ALEXIS MARBURGER Bridgeland High School
Accepted at both Baylor and
Texas State University. Plans to major in Business. JONATHON MARSHALL
Bridgeland High School
Will play Football and study Kinesiology at Blinn College in hopes to one day Coach Football.
LOGAN McDOUGALD Cypress Ranch High School
Will be attending Texas A&M. Plans on majoring in Engineering.
JARED MEYER Cypress Ranch High School
Plans to attend Texas State in the fall and study Education.
JESSICA MEZA Cypress Ranch High School
Plans to attend Baylor and major in Neuroscience.
MEAGAN MOTHERSHED Cypress Ranch High School
Will attend Texas State in the fall where she will be majoring in Elementary Education.
MADDIE MOTZNY Bridgeland High School
Attending Lone Star College in the fall then transferring to Stephen F. Austin to study Nursing.
SAMANTHA NEWTON Cypress Ranch High School
Attending Texas State University, majoring in Business and Marketing.
GUILLERMO OLVERA Bridgeland High School
Enlisting to the US Navy. ADRIAN XAVIER PATLAN
Bridgeland High School
Heading to Northern Arizona University on a D1 full athletic scholarship.
SHIRA CEMONE PATTON Cypress Ranch High School
Plans on attending Universal Technical Institute with a major in Ford Mechanics.
KYLE PETRY Bridgeland High School
Will be studying Music at University of Houston.
ISAIAH PHIPPS Cypress Ranch High School
Plans to earn her Business degree from Texas A&M.
KAMRYN POHLMEYER Bridgeland High School
Will be studying Pre-Medicine at Texas State.
ISABEL LEIVA POLANCO Cypress Ranch High School
Plans attend Blinn in the fall then Texas A&M to major in Agricultural Education/Animal Science.
AVERI RICE Cypress Ranch High School
Will attend Blinn College in Bryan.
KELDAN ROBISON Bridgeland High School
Plans on pursuing a degree in Engineering.
CHASE RUCKER Bridgeland High School
Plans to attend Blinn College.
KATRINA SIMPER Cypress Ranch High School
Plans to study Interdisciplinary Studies at Stephen F. Austin and become an elementary teacher.
PAYTON ROSE TARR Bridgeland High School
Will attend Lone Star College for Photography. ALEXANDRA NICOLE THOMPSON
Bridgeland High School
Plans to obtain his undergraduate in Business Finance at Prairie View A&M and obtain his MBA and Juris Doctor.
JARIUS TURNER Cypress Ranch High School
Plans to attend the Mays Business School at Texas A & M University. Photo by Caroline Petru Photography
KATE WALIGURA Cypress Ranch High School
Plans to study Biological Sciences at Rice. Her goal is to attend medical school and become a surgeon. CHRISTINA MARIE WALKER
Bridgeland High School
Plans to study Business at Abilene Christian University.
CAYLEA WARDEN Bridgeland High School
Will attend Texas A&M University in the fall to study Engineering.
WYATT WEBB Cypress Ranch High School
Will be attending Tufts pursing a 5 year dual degree studying Illustration and Math.
BRYNN WEST Cypress Ranch High School
Plans to study Chemical engineering at Texas Tech University.
CHASE ZITTERKOPF Cypress Ranch High School
Plans to attend The University of Texas at Austin and study Nursing.
ZACH ULANDAY Bridgeland High School
Plans to study Biomedical Engineering at OU.
ALEXIS VAN DUZER Cypress Ranch High School
Congratulations Class of 2020!
2020 GRADUATION SCHEDULE
Due to safety restrictions all ceremonies will be held outdoors at the Cy-Fair FCU Stadium at the Berry Center. Cypress Ranch High School Wednesday, June 3 at 8pm Bridgeland High School Saturday, June 6 at 8pm Each graduate limited to a maximum of four guests. Additional details will be communicated to graduates and their families. The approval these ceremonies is subject to c hange according to future orders from Governor Abbott. In the event the current executive order is modified and June graduations are prohibited, the previously communicated July or August alternative dates will be used.
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20607 S. BLUE HYACINTH DR. FAIRFIELD 14206 HOLFORD CT. LAKEWOOD FOREST
14211 AUTUMN MIST LONGWOOD
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