What Is Vis Major?

What Is Vis Major?

Let me explain vis major to you directly: it's a Latin term translating to 'superior force,' and it refers to an irresistible natural event that causes damage or disruption. This isn't something humans cause or can prevent, no matter how much skill, care, diligence, or prudence we apply.

You'll see examples like hurricanes, tornadoes, floods, and earthquakes. Terms like act of God, natural disaster, and force majeure mean the same thing. They're often in contracts to free one or both parties from liability or fulfilling obligations when these uncontrollable events hit.

If you own property with insurance, I recommend you review your policy thoroughly to know what's covered and what's not.

Understanding Vis Major

Vis major or force majeure clauses appear in many contracts, exempting parties from their obligations for unforeseeable reasons beyond their control. In commercial deals, this can extend to third-party actions, like a supplier failing to deliver, that neither contract party controls.

It might also cover events like war, riots, or strikes. Whether human-caused events qualify as vis major depends on the legal jurisdiction. That's why contracts, especially international ones, often spell out exactly what counts under a vis major clause to avoid disputes.

During a vis major event with a limited duration that doesn't permanently block contract fulfillment, parties typically just pause their obligations.

Events Vis Major Does Not Cover

Remember, vis major is for unforeseen and unpreventable events, so it excludes negligence or wrongdoing. It also doesn't apply to normal, expected natural occurrences—like seasonal rainfall wouldn't qualify, but a hurricane would.

In insurance, policies often don't cover vis major damages from things like tornadoes, hurricanes, earthquakes, or floods. That leaves you, the owner, responsible for repair or replacement costs without insurer help, even if you have a policy. A court finding of vis major can also shield a defendant from liability in lawsuits.

Special Coverage for Vis Major

You can sometimes insure against these events with a rider or a separate specialized policy. Some policies include clauses for vis major coverage, but it usually costs extra—often at high rates—that you pay as the property owner.

Insurers might offer coverage in low-risk areas for floods or earthquakes, keeping rates reasonable since payouts are unlikely.

For car owners with comprehensive coverage, you're typically protected from acts like fallen trees or collisions with large animals like deer or moose on the road. If you file a claim, the insurer pays for repairs or replacement, unless the policy states otherwise.