Amidst the COVID-19 pandemic, the legislatures of Louisiana, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, and South Carolina are currently deliberating bills that would ensure corporate policyholders secure business-interruption coverage from their property & casualty policies. We expect other jurisdictions to join these states in the coming weeks and months. Just as surely, we expect insurers will fight the legislatures' measures, arguing their unconstitutionality. McKool Smith attorney Patrick Pijls recently co-published "Contracts Clause Unlikely To Impede Biz Interruption Laws" in Law360 to explain why one constitutional provision, the Contracts Clause, should not impede the legislatures' efforts. You can find the article here.
