The insurance company is really walking a bullshit line here by saying that, although the theatres were closed by order of the Governor, that access to them is not actually prohibited, evidenced by the fact that Jujamcyn has been able to check in that the buildings are okay. They are saying that, because security can access the buildings, somehow that means that Jujamcyn could be using them for business purposes, but is not.
The precedent being cited here is when the Roundabout sued their insurance company over the incident with the collapsed construction crane in Times Square in 1998 that blocked access to Henry Miller's Theatre, where the revival of CABARET had been running. In that case, because Henry Miller's itself was not damaged, the insurance company wasn't going to pay out because a clause in the Roundabout's policy said that damage to the building itself had to have occurred.
So, although the theatres are closed by order of the Governor, the insurance company must think that Jujamcyn should have defied the order and opened their theatres anyway. I assume that, had Jujamcyn done so, there would have been arrests due to defying the close order.
It's pretty insane. |
