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Business Interruption Insurance and

COVID-19: Federal Legislative Initiatives



May 11, 2020
Many businesses across all sectors are experiencing disruption and incurring losses from the Coronavirus
Disease 2019 (COVID-19) pandemic. The pandemic has stirred a debate among insurers, policyholders,
and other stakeholders about who will be responsible for the losses that companies face from widespread
shutdowns. This Insight will focus on efforts at the federal level to address business interruption (BI)
insurance coverage for COVID-related shutdown losses. Insurance is primarily regulated at the state
level, and there are efforts in a number of states providing for coverage of BI claims on a retrospective
basis, which are addressed in CRS Insight IN 11382, Business Interruption Insurance and COVID-19:
State Legislative Initiatives. More detail on BI insurance itself can be found in CRS Insight IN 11295,
Business Interruption Insurance and COVID-19.
Many policyholders who purchased BI are submitting claims to their insurers. However, insurers are
largely reluctant to cover COVID-related losses. Both individual insurance carriers and the industry as a
whole have asserted that BI claims related to COVID-19 are not covered, particularly as many BI policies
expressly exclude coverage for viruses. The disputes largely center on the extent to which COVID-related
impacts are covered by BI policies. Most disputes are not likely to be resolved quickly, leading to calls for
a legislative response. For example, the Business Intermption Group, a new non-profit organization
representing the restaurant industry, presented their case to the Prcsident, and he expressed support for
businesses in their claims against insurers at the White House coronavirus briefing on April 10. The
insurance industry has expressed the view that forcing insurers to cover such claims would potentially
redistribute billions of dollars of economic losses caused by COVID-19, and would put too much
financial strain on insurers that did not price premiums to reflect virus-related losses since they were
excluded from policies. They argue that any attempt retroactively to cover BI policies could make it
impossible for insurors to provide affordabic coverage in the future.


Federal Actions Related to Business Interruption

Insurance

Abipartisan group of18 House Mernlbers sent a letr on March 18, 2020, to CEOs of the four major
insurance trade organizations, calling upon them to cover BI losses due to COVID-19. Those
                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                      IN11383

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