In case you missed yesterday’s post and video, Breaking News—President Trump Demands Insurance Companies to Pay Up! Business Interruption Coverage, the trend is clear in the state and federal political arena—insurance companies should Pay Up!
Continue Reading Coronavirus Insurance Coverage Update for April 11—Are Trump Republicans and Other Politicians Going to Support Legislation Forcing Insurance Companies to Pay Pandemic Coverage?

NOTE: This guest blog post is by Holly Soffer, Esq., a policyholder attorney and General Counsel to the American Association of Public Insurance Adjusters.

Much has changed in the world since my blog on March 24th. Not only are there new phrases in our lexicon such as “Zoom happy hour,” but also the legislative response to COVID-19 Business Interruption claims has taken a new tone. At first, a few states1 offered bill similar to the New Jersey2 one, but then, as Chip has commented, the insurance industry has made its views known—as we knew they would.
Continue Reading Through the Rabbit Hole—Update on proposed COVID-19 Business Interruption Legislation

Pennsylvania has followed five other states to propose legislation eradicating the “virus” exclusion for small businesses having commercial business income policies. Insurance company lobbyists are fighting this legislation in numerous ways. One is the argument that such legislation, if passed, would be unconstitutional.
Continue Reading Coronavirus Insurance Coverage Update April 8—Pennsylvania Files Proposed Legislation, An Official “Trickle” of Lawsuits is Filed and Is There A Test That Finds Covid-19 on Property?

On March 31, 2020, six Northern California Bay Area counties significantly limited construction activity. These orders will result in thousands of construction projects shutting down until at least May 3, 2020. What impact does this have on existing property insurance claims? The answer: a lot, and they will probably result in significant legal disputes.
Continue Reading California Bay Area Shuts Down Construction – How Does This Affect an Ongoing Business Claim?

The National Association of Public Insurance Adjusters (NAPIA) has sent a notice to each Department of Insurance requesting that claims deadlines be extended as a result of the coronavirus pandemic.
Continue Reading Coronavirus Insurance Coverage Update April 2—National Association of Public Insurance Adjusters Asks For Claim Deadline Extensions And Florida Restaurant Lawsuit Filed

Louisiana is the newest state to introduce legislation which would mandate coronavirus business income coverage. No state legislature has taken a final vote on these bills. One has to wonder if these are made for political pressure or could simply be political opportunism.
Continue Reading Coronavirus Insurance Coverage Update April 1—Louisiana Introduces Legislation and An Optimistic Article Supporting Coverage

New York has joined New Jersey, Ohio, and Massachusetts with pending legislation regarding insurance coverage. At the same time, it is pretty obvious that the insurance industry is doing everything it can to explain how such legislation, if passed, would dwarf any ability to pay amounts claimed.
Continue Reading Coronavirus Insurance Coverage Update March 31—-New York Legislation, Chicago Restaurant and Theatre Lawsuit, and Insurance Industry Says Coverage Payments Would Dwarf Capacity to Pay

Reggie Whitten and Michael Burrage filed lawsuits on behalf of the Choctaw and Chickasaw Nations in Oklahoma state court.1 The actions are similar to the declaratory judgment actions filed by John Houghtaling in Louisiana and California. I do not see how the Oklahoma cases are going to be removed to federal court because they lack diversity of citizenship for such jurisdiction.
Continue Reading Coronavirus Insurance Coverage Update March 30—Choctaw and Chickasaw Nations File for Declaratory Relief in Oklahoma

The French Laundry coronavirus lawsuit was noted in yesterday’s post, Coronavirus Insurance Coverage Update March 27—The French Laundry Files Suit Against Its Insurer Over Coronavirus Business Closure Claim Denial. John Houghtaling was kind to provide me a copy of the filing for our readers.
Continue Reading Coronavirus Insurance Coverage Law Update March 28–The French Laundry Declaratory Judgment Lawsuit and Farmers “Contamination” Coverage for Restaurants