News

Update on Business Interruption Coverage in Pennsylvania

April 9, 2020

In order to mitigate the effects of the pandemic, the Pennsylvania House of Representatives introduced legislation which requires insurance companies to insure business interruption losses for small businesses due to COVID-19. The legislation follows on the heels of a growing number of states that have introduced similar legislation including New Jersey, New York, Ohio, Massachusetts and Louisiana.

The bill applies to small businesses with fewer than 100 employees. According to the prime sponsor, Representative Dermody of Allegheny and Westmoreland counties, the legislation will accomplish the following:

Clarify that business interruption policies in effect as of the date of the Governor’s disaster declaration (March 6, 2020) include coverage of perils related to COVID-19, whether or not the policy contains an express exclusion for virus or pandemic.
Allow insurers to receive reimbursement for business interruption insurance claims paid due to COVID-19.
Provide for a mechanism to make funds immediately available for such reimbursement.

In addition, a second piece of legislation was introduced in the state house known as the COVID-19 Disaster Emergency Business Interruption Grant Program. The Disaster Grant Program permits an eligible small business who was denied business interruption coverage to apply for an emergency grant to cover business interruption losses as a result of the pandemic. Either bill, if enacted, will provide significant assistance to small businesses to help them weather through this unsettling time.

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