Over the past several weeks as the COVID-19 pandemic has caused unprecedented economic disruption nationwide, insurance companies and many others in the insurance industry have repeated a steady refrain that commercial insurance will not cover the resulting business interruption losses. These statements may cause many policyholders to dismiss out of hand the possibility of making a claim. That would be a mistake for two reasons. First, it is impossible to determine what coverage actually may be available without carefully examining the specific policy language and facts at issue. Second, there are increasing legislative efforts seeking to compel insurance carriers to cover COVID-19 losses. Because insurance carriers often refuse to pay claims when notice was late, failing to notify insurance carriers of losses now could jeopardize a company’s ability to obtain insurance coverage that may become available as a result of such legislation.
Will Legislation Require Coverage for COVID-19 Business Interruption Losses?
