News & Analysis as of

State Legislatures Business Interruption

White and Williams LLP

New Jersey Law Requires Insurers to State Whether Business Interruption Policies Cover Global Virus Transmission, Pandemic...

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On May 12, 2021, New Jersey Governor Phil Murphy signed into law a bill requiring insurers to go on record as to whether their policies, which provide coverage for the loss of use and occupancy and business interruption,...more

Locke Lord LLP

State Legislatures Seek to Protect Insureds from COVID-19 Business Interruption

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Legislatures in New York, Oregon, Pennsylvania, Rhode Island and Washington have all proposed legislation seeking to curb COVID-19’s impact on businesses in their state. Each state’s proposed legislation essentially prohibits...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

McDermott Will & Emery

New California Law (AB 685) Requires Employers to Provide Notice of COVID-19 Exposure in the Workplace, Empowers Cal/OSHA to Shut...

McDermott Will & Emery on

On September 17, 2020, California Governor Gavin Newsom signed AB 685 into law, which goes into effect on January 1, 2021. The law does two things: (1) it creates an enforceable statewide standard for how employers handle...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

Kelley Drye & Warren LLP

California Lawmakers Introduce Bill Aimed At Supporting Claims For Business Interruption Losses

Introduced earlier this month, California Amended Bill 1552 (“AB 1552”) is one of several attempts by state legislatures nationwide to bolster the insurance claims of businesses forced to close, or limit operations, under the...more

Jones Day

Proposed California Legislation Would Create Important Rebuttable Presumptions Supporting COVID-19 Business Interruption Coverage

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As the latest in a series of similar bills introduced by the legislatures of various states, California Assembly Bill 1552 would create important rebuttable presumptions affecting the burden of proof and supporting coverage...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 11

This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more

Lathrop GPM

[Webinar] Insurance Recovery Legislative Update - June 16th, 12:00 pm - 1:00 pm CDT

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Policyholders whose businesses have been interrupted as a result of the COVID-19 pandemic have made claims under their property insurance policies for loss of business income, but they are almost universally denied. As the...more

Hinshaw & Culbertson - Insights for Insurers

Proposed Illinois Bill Would Create a COVID-19 Business Interruption Insurance Task Force

On May 21, 2020, Illinois Representative Kelly M. Burke filed an amendment to Senate Bill 2135. Among other things, the proposal would amend the Administrative Code of Illinois to require the Illinois Department of Insurance...more

Snell & Wilmer

Legislative Proposals May Facilitate Insurance Coverage for Business Losses Due to the Coronavirus Pandemic

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Whether insurance coverage is available for coronavirus-related claims may often depend on the actions of lawmakers who are jumping into the fray with proposed changes to insurance coverage laws.  Businesses seeking coverage...more

Ward and Smith, P.A.

Is an NC Coronavirus Bail Out Coming? When & How We Expect the NCGA to Provide Relief to Businesses & Individuals

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As we find ourselves facing a massive global health crisis and sudden economic downturn, many North Carolinians are looking for relief from their government. Congress has acted. What about the North Carolina General...more

Rivkin Radler LLP

Proposed COVID-19 Bills Targeting Insurers: Do They Pass Constitutional Muster?

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COVID-19 has transformed the health and economy of our nation. Expectedly, the legislative response to this national emergency, at both the state and federal levels, has been swift and far-reaching. Some of these responses...more

Brownstein Hyatt Farber Schreck

Colorado Supreme Court Gives OK to Legislative Work Pause, Session is Officially on Hold

The Colorado Supreme Court provided much-needed clarification on the future of the state legislative session on Wednesday by ruling that, during a declared public health disaster emergency, it is permissible for the Colorado...more

Moore & Van Allen PLLC

State Legislators Seek to “Rewrite” Insurance Policies, Requiring Coverage of COVID-19 Business Interruption Losses

The Novel Coronavirus (COVID-19) pandemic has elicited extraordinary suppression and mitigation measures from all levels of government in the U.S. and around the world. It is difficult to fathom the extent to which the...more

Rivkin Radler LLP

State Governments Look to Property Insurers for Small Business Relief

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The economic realities brought on by the COVID-19 pandemic have forced our government at both the federal and state level to take unprecedented action. And, despite congressional passage of the Coronavirus Aid, Relief, and...more

White and Williams LLP

Massachusetts Joins the Fray, Introduces Bill Forcing Insurers to Pay for COVID-19-Related Business Interruption Losses

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Before the ink could even dry on our latest alert, regarding Ohio's proposed bill, we learned that Massachusetts legislators had introduced their own COVID-19 bill — making it the third such bill in the span of about two...more

Hinshaw & Culbertson - Insights for Insurers

Insurers Must Be Proactive to Comply With Federal, State, and Local COVID-19-Related Laws and Regulations to Limit Potential...

The coronavirus (COVID-19) pandemic continues to wreak havoc across the globe and in the United States, bringing with it panic, sickness, and mass mortality. The U.S. health care system is under strain and the situation is...more

Tarter Krinsky & Drogin LLP

Regulatory and Legislative Bodies Seek To Broaden Scope Of Business Interruption Insurance Coverage In Wake of COVID-19

The following regulatory and legislative developments have been announced in the wake of the novel Coronavirus (COVID-19). These developments appear to reflect the desire of legislative and regulatory bodies to make business...more

Hinshaw & Culbertson - Insights for Insurers

US Congress Members Call for Business Interruption Coverage for COVID-19 Losses

In a March 18, 2020 letter to insurance industry and broker associations, a bi-partisan group of United States Congress Members urged commercial property insurers to provide business interruption coverage for COVID-19-related...more

Hinshaw & Culbertson - Insights for Insurers

As COVID-19 Coverage Law Suits Are Filed, New Jersey Legislature Considers Mandated COVID-19 Business Interruption Coverage

The first COVID-19-related insurance coverage cases are now being filed. In Louisiana, a declaratory judgment action was brought against Certain Underwriters at Lloyd's, asking the court to rule that an all-risk policy...more

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