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Jason Schupp is the founder and managing member of the Centers for Better Insurance. CBI is an independent organization making available unbiased analysis and insights about key regulatory issues facing the industry for use by insurance professionals, regulators and policymakers.
Outlook for Business Interruption Litigation
The first COVID-19 business interruption claim met defeat in a Michigan courtroom three months ago. Since then, courts throughout the country have wrestled with similar motions to dismiss filed by insurance companies. As summarized in the attached chart, 11 courts have ordered a dismissal. while four court orders have denied the insurance company’s motion and […]
Optimizing Insurance’s Role in the Pandemic
The nature and scale of the risk of future pandemics far outstrips the insurance industry’s capabilities, so any public-private partnership must make the most of them. COVID-19 has revealed the expansive landscape of pandemic risk. The federal government has already committed $2.2 trillion to fund pandemic relief programs for individuals, businesses and state and local governments, […]
BCPP Proposal: Summary, Key Risks
On May 21, the National Association of Mutual Insurance Companies (NAMIC), the American Property Casualty Insurance Association (APCIA) and the Independent Insurance Agents & Brokers of America (Big “I”) released their proposal to address future pandemics: the Business Continuity Protection Program (BCPP). The attached document summarizes this proposal and identifies several key risks to consider as this […]
COVID: U.K. Financial Authority Response
SUMMARY In the U.K., separate regulatory bodies are accountable to supervise prudential matters (solvency) and consumer protection (conduct). The Financial Conduct Authority (FCA) recently took several actions with respect to consumer protection in the context of COVID-19 using different tools than those available to U.S. insurance regulators. Resolution of Business Income Coverage Disputes The FCA […]
PRIA: A Tale of 2 Policyholders
A discussion draft of the “Pandemic Risk Insurance Act” has circulated over recent weeks. Based on the Terrorism Risk Insurance Act, the text is an excellent jumping off point to think about what would work and what would not. The draft quickly forces to the surface an uncomfortable reality that a TRIA-style “make available” requirement […]
3 Challenges for Pandemic Coverage
The nation’s immediate strategy to support businesses affected by the COVID-19 pandemic has now formed around a portfolio of emergency federal loan and grant programs authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. As these programs become operational, policymakers are turning their attention to the risk of future pandemics. When confronting the […]
