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COVID-19 - Bills filed in the 2020 Regular Session

A number of bills filed in the Louisiana Legislature's 2020 regular session relate to matter important to CompQuantum subscribers. The bills are attached below. They include:

  • HB 805 - Prescription and Peremption
  • HB 826 - Limitations on Liability
  • HB 856 - Limitations on Liability
  • SB 475 - Workers’ Compensation
  • SB 477 - Business Interruption Insurance

Perhaps the most impactful, if actually enforceable, is SB 477 purporting to make the COVID-19 shut down a covered event for all business interruption policies in force on March 11, 2020. Generally, business interruption insurance covers only losses incurred as a direct result of damage to covered business premises. Morevoer, insurers added exclusions for toxic contaminants, such as mold, after insureds began arguing the presence of a contaminant was "damage" within the meaning of the policy. With the COVID-19 pandemic, it is entirely unclear, and presumably irrelevant, whether the virus was actually present in many workplaces. So, can the legislature retroactively change the terms of coverage to deem a loss covered?

Posted: April 16, 2020