A Washington State Senate bill introduced last week, Senate Bill 5351, takes aim at insurers’ arguments that their policies do not cover losses caused by COVID-19 and/or related closure orders. According to insurers, their promise to pay for business income loss caused by “direct physical loss of or damage to” property is subject to unwritten requirements: that the insured property be “structurally altered” or have suffered “distinct, demonstrable, physical alteration.” The fact that these requirements do not actually exist in commercial property policies has not stopped insurers from denying almost every COVID-19 business income loss claim in the country on these grounds.
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