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Law Offices of Scott Glovsky

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Call Us
  • Home
  • About
    • About Our Firm
    • About Scott Glovsky
    • How Our Firm Has Changed Lives
    • How We Operate
  • Practice Areas
        • Health Insurance Denials
          • Insurance Bad Faith
          • Health Insurance Claim Denials
          • Medical Necessity Denials
          • Experimental/Investigational Denials
          • Out-of-Network Denials
          • Insurance Policy Rescission
          • Health Insurance Denials Public Employees
          • Medicare Advantage Health Insurance Denial
          • We Fight All Health Insurance Companies, Including:
            • Aetna Denial
            • Anthem Blue Cross Denial
            • Blue Shield of California Denial
            • Cigna Denial
            • Health Net Denial
            • Kaiser Permanente Denial
            • OSCAR Health Plan Denial
            • Magellan Healthcare Denial
            • Molina Healthcare Denial
            • Regal Medical Group Denial
            • UnitedHealthcare Denial
        • Medications
          • Prescription Denial
          • Gene Therapy
          • Cancer Treatment
            • Proton Radiation Therapy
          • New Cancer Drugs
          • Expensive Drugs
          • Biologic Drugs
          • Cosentyx
          • Dupixent
          • Enbrel
          • Entyvio
          • Euflexxa
          • Harvoni
          • Humira
          • Intravenous Immunoglobulin (IVIG)
          • Ketamine
          • Leqembi™
          • Monovisc
          • Mounjaro
          • Orthovisc
          • Ozempic
          • POLIVY
          • Radicava
          • Remicade
          • Saxenda
          • Synvisc
          • Spinraza
          • SpaceOAR Hydrogel
          • Stelara
          • Wegovy
          • Xeljanz
          • Xifaxan
          • Zolgensma
        • Injuries & Surgeries
          • Spinal Cord Injury
          • Brain Injury
          • Surgery
          • Back Surgery
          • Ablation Surgery
          • Prosthetic Limb
          • Respite Care
          • Pain Treatment
          • Partial Hospitalization
          • Magnetic Resonance Imaging (MRI)
          • Radiofrequency Ablation (RFA)
        • Health Conditions
          • ALS
          • Alzheimer’s Disease and Dementia
          • Autism
          • Autoimmune Disorders
            • Ankylosing Spondylitis
            • Crohn’s Disease
            • Fibromyalgia
            • Lupus
            • Multiple Sclerosis
          • Blood Disorder
          • Cancer
            • Breast Cancer
            • Prostate Cancer
          • Cerebral Palsy
          • COVID-19
          • Counseling
          • Diabetes
          • Eating Disorder
          • Gastrointestinal Disorders
          • Genetic Testing
          • Genomic Testing
          • Heart Condition
          • Hydrocephalus
          • Intensive Outpatient Program
          • Mental Health
            • Anxiety
            • Bipolar Disorder
            • Depression
            • PTSD
          • Migraine
          • Musculoskeletal Treatment
          • Obesity
          • Osteoarthritis
          • Parkinson's Disease
          • Postural Orthostatic Tachycardia Syndrome
          • Residential Treatment Center (RTC)
          • Retinal Disorders
          • Rheumatoid Arthritis
          • Skin Treatment
          • Spinal Muscular Atrophy
          • Substance Use Disorders & Addiction
          • Ulcerative Colitis
        • Personal Injury
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            • Bicycle Accidents
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Communicable Disease and Bacteria and Virus Exclusions May Detrimentally Affect Business Interruption Insurance Coverage

Home » Our Blog » Communicable Disease and Bacteria and Virus Exclusions May Detrimentally Affect Business Interruption Insurance Coverage

Communicable Disease and Bacteria and Virus Exclusions May Detrimentally Affect Business Interruption Insurance Coverage

By Scott Glovsky on April 1st, 2020 in Coronavirus Resources, Insurance

The coronavirus outbreak and the necessary response to it has put an incredible strain on small businesses and has already caused substantial unforeseen loss. The risk of unforeseen loss is what encourages the purchase of and reliance on insurance. In this case, many individuals will look to the business interruption provisions in their business property insurance policies. Such provisions can in some circumstances provide coverage for business income loss. (For more information about business interruption provisions, go here and here.) There are two important exclusions that could detrimentally affect the possibility of coverage in many different types of policies for many different types of coverage including business interruption, general liability, professional liability, and others. These two exclusions are the Communicable Disease exclusion and the Bacteria and Virus Exclusion.

Communicable Disease Exclusion

The Communicable Disease Exclusion is found in some policies or could have been added as an endorsement to others and generally excludes bodily injury, property damage, and personal and advertising injury arising out of the actual or alleged transmission of a communicable disease.

Bacteria and Virus Exclusion

The Bacteria and Virus Exclusion generally excludes coverage for damage caused by the transmission of bacteria or viruses. There are many different variations of this exclusion. Some exclude coverage for both damage caused by or threat of the transmission. Others exclude coverage specifically for damage caused by bacteria only or viruses only. Some are also specific as to what type of damage caused by bacteria or viruses is excluded. For example, some might exclude coverage for business income lost or property damage explicitly.

State Actions Addressing These Insurance Exclusions

It is possible based upon the language of a particular policy that the exclusions do not extend to business interruption coverage. However, it is likely that many small businesses will not be able to receive coverage for their lost income as a result of these exclusions. It is for this reason that some states are taking action to address these exclusions. For example, a bill is being developed in New Jersey, NJ Draft Bill A-3844, which would require insurers to provide coverage for loss or damage to property, including business interruption coverage, which results from COVID-19, essentially voiding any virus exclusions. The bill is currently being drafted to be applicable retroactively to policies in force on March 9, 2020. This is a small business centric bill because it would only apply to policies issued to businesses with less than 100 full-time employees.

There is no current discussion of similar small business bills in California. However, if New Jersey passes its bill and is successful, other states may follow and do the same.

If the coronavirus outbreak has impacted your business, you should immediately review your business and/or property insurance policies to see what kind of coverage you have. The Law Offices of Scott Glovsky is happy to conduct a complimentary review of your business insurance policies to advise you about your business interruption coverage. Please call us at (626) 604-6973.

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  • Home
  • About
    ▼
    • About Our Firm
    • About Scott Glovsky
    • How Our Firm Has Changed Lives
    • How We Operate
  • Practice Areas
    ▼
    • Health Insurance Denials
      ▼
      • Insurance Bad Faith
      • Health Insurance Claim Denials
      • Medical Necessity Denials
      • Experimental/Investigational Denials
      • Out-of-Network Denials
      • Insurance Policy Rescission
      • Health Insurance Denials Public Employees
      • Medicare Advantage Health Insurance Denial
      • We Fight All Health Insurance Companies, Including:
        ▼
        • Aetna Denial
        • Anthem Blue Cross Denial
        • Blue Shield of California Denial
        • Cigna Denial
        • Health Net Denial
        • Kaiser Permanente Denial
        • OSCAR Health Plan Denial
        • Magellan Healthcare Denial
        • Molina Healthcare Denial
        • Regal Medical Group Denial
        • UnitedHealthcare Denial
    • Medications
      ▼
      • Prescription Denial
      • Gene Therapy
      • Cancer Treatment
        ▼
        • Proton Radiation Therapy
      • New Cancer Drugs
      • Expensive Drugs
      • Biologic Drugs
      • Cosentyx
      • Dupixent
      • Enbrel
      • Entyvio
      • Euflexxa
      • Harvoni
      • Humira
      • Intravenous Immunoglobulin (IVIG)
      • Ketamine
      • Leqembi™
      • Monovisc
      • Mounjaro
      • Orthovisc
      • Ozempic
      • POLIVY
      • Radicava
      • Remicade
      • Saxenda
      • Synvisc
      • Spinraza
      • SpaceOAR Hydrogel
      • Stelara
      • Wegovy
      • Xeljanz
      • Xifaxan
      • Zolgensma
    • Injuries & Surgeries
      ▼
      • Spinal Cord Injury
      • Brain Injury
      • Surgery
      • Back Surgery
      • Ablation Surgery
      • Prosthetic Limb
      • Respite Care
      • Pain Treatment
      • Partial Hospitalization
      • Magnetic Resonance Imaging (MRI)
      • Radiofrequency Ablation (RFA)
    • Health Conditions
      ▼
      • ALS
      • Alzheimer’s Disease and Dementia
      • Autism
      • Autoimmune Disorders
        ▼
        • Ankylosing Spondylitis
        • Crohn’s Disease
        • Fibromyalgia
        • Lupus
        • Multiple Sclerosis
      • Blood Disorder
      • Cancer
        ▼
        • Breast Cancer
        • Prostate Cancer
      • Cerebral Palsy
      • COVID-19
      • Counseling
      • Diabetes
      • Eating Disorder
      • Gastrointestinal Disorders
      • Genetic Testing
      • Genomic Testing
      • Heart Condition
      • Hydrocephalus
      • Intensive Outpatient Program
      • Mental Health
        ▼
        • Anxiety
        • Bipolar Disorder
        • Depression
        • PTSD
      • Migraine
      • Musculoskeletal Treatment
      • Obesity
      • Osteoarthritis
      • Parkinson’s Disease
      • Postural Orthostatic Tachycardia Syndrome
      • Residential Treatment Center (RTC)
      • Retinal Disorders
      • Rheumatoid Arthritis
      • Skin Treatment
      • Spinal Muscular Atrophy
      • Substance Use Disorders & Addiction
      • Ulcerative Colitis
    • Personal Injury
      ▼
      • Accidents
        ▼
        • Bicycle Accidents
        • Car Accidents
        • Motorcycle Accidents
        • Truck Accidents
      • Traumatic Brain Injury
      • Catastrophic Injury
      • Burn Injury
      • Wrongful Death
      • Premise Liability
      • Slip & Fall
      • Product Liability
      • Nursing Home Abuse
      • Elder Abuse
    • Sexual Abuse
      ▼
      • Types of Sexual Abuse
      • Child Sexual Abuse
      • Campus Abuse
      • Special Needs Abuse
      • Abuse at School
      • Abuse at Camp
      • Abuse by a Clergy Member
      • Abuse by Athletic Coaches
    • Business Issues
      ▼
      • Employment & Business Issues
      • Broker & Agent Negligence
      • Business Contingency Litigation
      • Unfair Business Practices
      • Workplace Harassment
      • Wrongful Termination
      • Whistleblower
        ▼
        • Qui-Tam
  • Results
    ▼
    • Testimonials
    • Case Results
  • In The Media
  • Resources
    ▼
    • Frequently Asked Questions
    • Trial Lawyer Talk Podcast
    • Fight Health Insurance Denials Book
    • Download Our eBook
    • Helpful Resources
    • Blog
    • Guides
    • Sign Up for Our Mailing List
    • Power of Resilience Scholarship
  • Contact