The National

steve B · #1 03-30-2020, 10:52 PM

Quote:

Originally Posted by Exhibitman

Everyone who thought private insurance was going to bridge the gap for them and who ended up with a typical ISO-drafted policy is in for a very rude awakening. That said, every policy has tweaks and modifications, so the only way to see what the insurer will do is to make a claim and see what happens. I also hear that some states are considering regulations that invalidate the exclusion for this pandemic. You need to run your policy past your lawyer in your state to get a specific answer.

Just curious, if someone files a claim now and it gets denied, then their state invalidates the exclusion... Could the ins co still deny it because the claim was put in before the exclusion was invalidated?

Also, it seems pretty slimy for insurance to exclude losses because of a global pandemic. Losses if one individual gets sick, I can see not covering that, but when it's a major problem?
Seems like "we'll cover stuff, as long as it's not really all that bad. "

Exhibitman · #2 03-31-2020, 04:57 PM

Quote:

Originally Posted by steve B

Just curious, if someone files a claim now and it gets denied, then their state invalidates the exclusion... Could the ins co still deny it because the claim was put in before the exclusion was invalidated?

They'd have a fight under U. S. Const., Art. I, �10, cl. 1: “[n]o state shall . . . pass any . . . Law impairing the Obligation of Contracts.” The states might win under the two-part test the Supreme Court uses to evaluate those laws given the overriding public issues involved, but at the same time the magnitude of claims would swamp the insurance industry and send most business carriers into bankruptcy or into a Federal bail-out. It would probably be less disruptive for the Feds to simply provide BI-equivalent coverage directly, which is sort of what the CARES Act tries to do, just in the most bass-ackwards way imaginable.

But I digress.

The National is toast. They won't announce it until the last minute but there is no way that a makeshift hospital (the convention center) is going to be cleaned up in time to entice people to head there in July.

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