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?

This past weekend I was asked the question above. This is what I found in Louisiana. On March 26, 2020, by Proclamation No. JBE 2020-37, Louisiana Governor John Bel Edwards transferred certain insurance matters to Commissioner of Insurance James J. Donelon. Commissioner Donelon quickly instituted reasonable emergency measures to address the growing concerns of Louisiana’s residents through Emergency Rule 40 – Moratorium on Policy Cancellations and Non-Renewals for Policyholders in Louisiana during the Outbreak of Coronavirus Disease (COVID-19) (“Rule 40”).1
Continue Reading Louisiana–COVID-19 Pandemic Relief: My Mortgage is Deferred, What about My Insurance Premiums?

Why sue one at a time when you can sue by the bushel full? Billy Goat Taverns are ganging up against their mutual insurance company, Society National, in a federal class action lawsuit. This lawsuit is seeking damages and a declaration of coverage due to their closure from the coronavirus. This class action lawsuit was filed by a personal injury attorney.
Continue Reading Coronavirus Insurance Update April 3—A Class of Billy Goats Joins the Fray Along With Advertising Attorneys While The ISO Says No, No, No

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

La Gobernadora de Puerto Rico decretó una Orden de Cierre el pasado 16 de marzo de 2020, como medida de prevención para evitar contagios por el Coronavirus. Muchos negocios y empresas público/ privadas con excepción de aquellas ya señalados por la Gobernadora se verán afectadas.
Continue Reading ¿Cómo Afectará La Orden De Cierre En Puerto Rico Mi Reclamación Al Seguro?

The Governor of Puerto Rico decreed a “Closure Order” or lockdown beginning on March 16, 2020, as a preventive measure to avoid contagions by the coronavirus. Many businesses and public/private companies, with the exception of those already indicated by the Governor, will be affected.
Continue Reading How Will The Lockdown Order In Puerto Rico Affect My Insurance Claim?

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