What Is Vis Major?
Vis major is a Latin term meaning “superior force,” describing an irresistible natural occurrence that causes damage or disruption and is neither caused nor preventable by humans, even when exercising the utmost skill, care, diligence, or prudence.
Examples of vis major include hurricanes, tornadoes, floods, and earthquakes. Synonymous terms include ‘act of God,’ natural disaster, and force majeure. In contractual contexts, these terms are often used to exclude liability for both parties when uncontrollable events occur.
It’s crucial to review the details of your insurance policies to understand what’s covered and what’s not regarding vis major.
Embrace Protection with Vis Major Clauses
Vis major or force majeure clauses are common in many contracts and exempt contracting parties from their obligations due to unforeseeable events beyond their control. This can cover scenarios such as supplier failure, wars, riots, or strikes. Whether human-caused events like wars are considered vis major may vary by legal jurisdiction, with contracts often carefully defining covered events to avoid ambiguity.
Typically, during a finite vis major event, obligations are only suspended and may resume post-event if the contractual ability remains unaffected.
Vis Major: What’s Not Covered
Since vis major pertains to unforeseen and uncontrollable events, it doesn’t cover negligence or malfeasance. It also excludes normal, expected natural phenomena like seasonal rainfall, focusing instead on unusual high-magnitude occurrences such as hurricanes. This exclusion often means policyholders must bear the replacement or repair costs directly, even with an insurance policy.
Identifying an event as vis major in legal contexts can exempt defendants from lawsuits resulting from liability claims.
Key Takeaways
- Vis major involves superior force occurrences causing uncontrollable damage or disruption.
- Events like hurricanes, tornadoes, and earthquakes qualify as vis major, being naturally irresistible and non-preventable.
- Insurance cover for vis major varies, necessitating thorough policy checks.
Securing Special Coverage for Vis Major
While vis major-related events are often excluded from standard insurance, additional coverage via a rider or customized policy can be secured at higher costs. Nonetheless, in low-likelihood areas for such events (e.g., floods, earthquakes), insurers may provide reasonable and affordable rates.
In vehicular insurance, comprehensive coverage typically includes acts of nature or animal-related incidents, ensuring repair or replacement unless specifically excluded in the policy.
Related Terms: force majeure, act of God, insurance policy, natural disasters.
