Why One Music Venue Is Taking Their Insurance Company to Court

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Owners of a small music venue near San Francisco tell us why they're taking their insurance company to court over COVID-19 claims

“We have not even paid ourselves and made sure that we have done all of the things that were needed of us to keep our business running and to feel safe,” Torres says. “So, when we needed [our insurance], it was just disheartening to find out that it wasn’t there. It’s tough… It’s already a hard business. Summer and I work at other venues to make sure this one runs. We’ve done everything we can and we’ve always paid our bills.

Garbing adds that “you pay your payments for business interruption in case something like this does happen where you’reto shut down by sheltering in place. And then you get a denial for your claim.” And as their complaint reads, “those denials are often made with little or no investigation and without due regard for the interests of insureds.”

The Bay Area became an early coronavirus hotspot and forced the venue to become one of the nation’s first to close their doors indefinitely in early March. Gerbing and Torres are now approaching their third month of no business. The 200-capacity venue typically has shows seven nights a week and the virus’s impact is emblematic of many clubs nationwide. “This impacts not only on us, but the employees, the fans, everyone who’s been affected by this little club,” Torres says.

Nestled in Berkeley’s famously artistic neighborhood near the University of California, the venue quickly became a hidden gem for underplays by major artists, practice gigs, and surprise shows by Jawbreaker, Meat Puppets and members of Green Day. Now, they say they’re worried about how long they can stay afloat.

They see The Ivy Room as a safe, creative space — the suffering of which is as much cultural as it is financial. “We started a, and that was hard, personally, to do something like that,” says Torres. “But the community has been super supportive and helpful. We’re applying for every loan and grant possible — even loans that don’t necessarily help our model. These small business loans are not one-size-fits-all.

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Read your contract. Sad but true.

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