The economic impact of coronavirus disease 2019 (COVID-19)
is spreading like the virus itself. As the financial effects trickle down from
global organizations to regional and local businesses, many are asking whether
losses caused by COVID-19 are or will be covered by insurance. This isn’t an
easy question because standard commercial insurance policies are not generally
designed to protect against people getting sick. However, standard policies may
provide limited coverage under the right circumstances.
Scenario 1: Employee contracts COVID-19
Workers’ Compensation Insurance generally covers
occupational injuries and illnesses that arise out of work performed in the
course and scope of employment. Employees contracting COVID-19 may be covered
by workers’ compensation insurance if they were initially exposed to the virus
in the workplace or while working. But, an employee’s employment, and the
resulting exposure, must be the major contributing cause of contracting
COVID-19.
Workers’ compensation coverage would likely turn on whether
an employee could establish a causal link between their employment and their
exposure to COVID-19. This may be harder for some employees than others. Those
working in the healthcare industry, for example, may find it easier to
establish the causal link than those whose employment does not clearly subject
them to a greater risk of exposure than that to which the general public is
exposed.
Scenario 2: Business operations interrupted due to COVID-19
Closed manufacturing facilities, quarantined workers, travel
restrictions and the temporary suspension of imports and exports are just a few
ways that a pandemic can disrupt crucial supply chains. The resulting
disruption or interruption of operations poses perhaps the greatest financial
risk to many businesses. Business Interruption Insurance, which replaces lost
business income when a covered property loss causes a business to reduce or
suspend its operations, may sound like the perfect solution, but it really
isn’t.
Business interruption coverage is triggered when a covered
peril causes damage to covered property. The damage must be sufficient to
render the property unusable in its current state. A standard policy, for
example, would cover lost business income if operations are interrupted because
the manufacturing facility is destroyed by fire. Coronavirus-related claims are
unlikely to cause the property damage needed to trigger business interruption
coverage. Even if facilities (offices, warehouses) or inventory (raw materials,
fish, produce) are rendered unusable by COVID-19 contamination, business
interruption coverage would be unlikely because standard policies typically
contain exclusions for bacteria, viruses and other pollutants.
Supply Chain Insurance is an option for businesses wanting
broader business interruption coverage. Policies can be written to name
specific suppliers, manufacturers, etc. and to cover negotiated perils,
including pandemics. Unfortunately, the breadth of coverage provided by supply
chain insurance comes at a cost. Policy premiums are often cost prohibitive,
particularly for smaller businesses.
Scenario 3: Cancellation of business-related travel
Pandemics naturally stifle travel abroad, particularly to high-risk areas. Travel Insurance is designed to limit financial losses caused by various travel-related risks. Trip cancellation coverage, for example, reimburses pre-paid, non-refundable travel expenses if a trip is cancelled for a reason that is covered under the policy, such as an injury, illness or death involving you, a family member or a travel companion. Some insurers offer “cancel for any reason” coverage that should respond to pandemic-related cancellations. However, it’s important to note that travel insurance does not cover “disinclination to travel” cancellations caused by fear or concern over what might happen while travelling abroad.
Scenario 4: Cancellation of business function or special event
Event Cancellation Insurance, as its name implies, is
designed to cover circumstances beyond your control that necessitate the
interruption, abandonment or cancellation of a business-related function or
event. Unfortunately, it’s too late now to purchase coverage for cancellations
prompted by COVID-19. Policies issued prior to the outbreak, however, may cover
cancellations, at least for now. Insurers are expected to add exclusions for
pandemics and communicable disease as policies renew.
Scenario 5: Liability for negligently exposing others to COVID-19
Standard commercial general liability policies would likely
respond to third-party claims regarding negligent release of or exposure to
COVID-19.
Despite the potential for limited insurance coverage, it’s
worth noting that standard commercial insurance policies are not designed to
cover the spread of contagious diseases like COVID-19 or the flu. And,
depending on the severity and duration of the COVID-19 outbreak, insurance
companies are likely to add exclusions that eliminate the possibility of any
coverage for COVID-19 claims. As a result, most businesses will not be able to
rely on their standard insurance policies to adequately protect against
coronavirus-related losses.