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Vol. 3, Iss.3
February 12, 2014

 

 


February 2nd was not a good day for Denver Broncos’s bettors. Nor was it one for those beaten down by this brutal winter and hoping for an early Spring. On early Super Bowl Sunday morning word came out of Western Pennsylvania that Punxsutawney Phil, the world’s most famous weather predicting groundhog (yes, there are others), emerged from his burrow and saw his shadow. Translation - six more weeks of winter. This was not a surprise. Punxsutawney Phil has been making this annual prediction since 1887. Phil’s other possible prediction, an early spring, has now been made only 14% of the time (based on data for 118 years).

Of course, Phil’s weather forecast was more than just a weather forecast. It was given on Gobbler’s Knob, in Punxsutawney, Pennsylvania (65 miles from Pittsburgh), in front of an expected 20,000 screaming and adoring fans amidst a festival atmosphere. And Phil was not unmindful of the big football game that was scheduled for later in the day. His prediction came in the form of this verse:

A Super Bowl winner I will not predict,
But my weather forecast, you cannot contradict,
That’s not a football lying beside me
It’s my shadow you see
So, six more weeks of winter it shall be!

While Phil is his own man when it comes to predicting the weather, he does rely on others for his care and feeding. That task falls to the Inner Circle of the Punxsutawney Groundhog Club (est. 1887). The Inner Circle are those guys that you see, surrounding Phil, wearing top hats and tuxedos. They are a group of local dignitaries who, in addition to taking care of Phil, plan the events to ensure that the annual tradition of Groundhog’s Day continues.

The Punxsutawney Groundhog Club’s website is well worth the visit. You can learn about Phil, the history of Groundhog’s Day, the Club, its Inner Circle, events surrounding the holiday, visiting Punxsutawney and so much more.

The care of a groundhog, and throwing a party with 20,000 people, is not without its risks (especially when there is a bonfire involved and the people in attendance are referred to as “revelers” -- so you know what that probably means). Not to mention that Punxsutawney Phil is a bona fide celebrity. No doubt he has moments when the paparazzi have gotten the best of him or he has grown tired of people asking him for a weather forecast (and thinking that they are the first one to have thought of that). What’s more, as a celebrity, he probably thinks that the rules don’t apply to him and he can engage in whatever bad behavior he wants without consequence. He is probably the Justin Bieber of groundhogs.

And in our litigious society it is possible to imagine Phil being sued for consequential damages arising out of a wrong prediction. I can see Phil predicting an early Spring, he gets it wrong and is then sued by someone who planned an outdoor wedding in reliance on his forecast.

If you don’t think that there are risks associated with weather predicting groundhogs and its related holiday, consider that New York City Mayor Bill De Blasio celebrated Groundhog’s Day this year with Long Island Chuck. As the Mayor held Chuck, the groundhog squirmed out of his hands and plopped right to the ground (reportedly uninjured). And don’t forget that five years ago Chuck bit New York Mayor Michael Bloomberg.

To see how the Punxsutawney Groundhog Club handles the risks associated with Phil and its annual celebration I reached out to the Club and was provided with answers to my questions by past President Bill Cooper and now Wind Warden of the Inner Circle. Here is our email exchange:

How much life insurance does Phil have?
Phil is 128+ years old and shows no signs of aging and just like his human brothers just has not bothered with obtaining life insurance.

Does the Club maintain insurance in case Phil, perhaps in a bad mood, takes a little nip out of one of his admirers?
Oh yes! The Inner Circle is well covered if Phil would show a little bad behavior. We are very careful to avoid those opportunities.

Has Phil ever decided to see what one of his admirers tastes like?
Admirers no, but I cannot say the same about his Inner Circle members, we have the scars to prove it!

Has Phil ever brought legal action against any weather predicting groundhog imposters?
Everyone, or in this case every groundhog, is entitled to their opinion. We will let the people decide who they want to follow.

Is there homeowner’s insurance on Phil’s burrow?
No such coverage, however his zoo is fully insured.

How does the Club address insurance and risk issues for Gobbler’s Knob on the big day?
One of our Inner Circle members is an attorney and one owns an insurance agency. They make sure we our fully covered with the necessary liability insurance.

My thanks to Bill Cooper for taking the time to educate Coverage Opinions readers on groundhog risk management.

 
 
 
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