Law360 Publishes Selman Breitman Article Entitled "Should States Force Property Insurers to Cover Virus Losses?"
An article authored by Linda Wendell Hsu and Savannah Montanez of Selman Breitman's San Francisco office has been published by Law360.
The Covid-19 pandemic has raised a number of issues that may alter the way first party insurance coverage is applied for these particular losses. The article discusses the possibility that actions taken by state governments (including declaring a state of emergency and proposing new laws requiring coverage) could result in insurance policies effectively being retroactively rewritten, covering losses that would not otherwise be covered and overriding specific exclusions. The authors discuss how actions taken by the states to protect policyholders during the pandemic (a legitimate government interest) might impact insurers, and whether this result would withstand legal and constitutional scrutiny. And if states do have such power, should they use it?
A copy of the full article can be downloaded below. Please feel free to contact Linda at firstname.lastname@example.org with any questions or to discuss any coverage issues related to the Covid-19 pandemic. We hope that you and your families are safe and healthy.Download PDF