As information related to COVID-19 changes minute by minute, we are doing our best to keep up with information that affects the industry. As insurance departments issue bulletins and change procedures, we will update this article as we hear about them. If you know of something we have missed, please let us know. We are republishing the article as changes come in; the date below the title lets you know when the last update was, and if this is at the top of the page you know this is the most recently published article.

In February, ISO issued optional advisory endorsements providing limited business interruption coverage for certain actions of civil authority related to the coronavirus outbreak. The premises must be scheduled on the forms and list a coverage period of days, months or weeks. Coverage is for the actual loss of business income incurred because a civil authority ordered the closing of premises or ordered all or parts of the premises under quarantine to prevent the spread of or infection by a coronavirus. Coverage applies even if the disease is not yet present. While ISO did not file these forms or add them to the library, the coverage provided would be incredibly helpful now that the world has been overtaken by COVID-19. The problem lies in the fact that even if carriers adopt the forms, will they add them to existing policies under quarantine? Will they develop a waiting period before coverage takes effect? The forms are here:

Georgia

The insurance commissioner of Georgia has stated that review of these ISO endorsements will be expedited for carriers that file them. The department wants to remove any barriers that would inhibit providing coverage to Georgia businesses. Georgia is also waiving agents' continuing education requirements for those renewing through April 30.

On March 20th, the Georgia commissioner directed all property & casualty carriers to refrain from cancelling any commercial policies, including business interruption/income coverages, for non-payment for the next 60 days. This may be extended depending on how the pandemic progresses. Health insurers are also told to refrain from cancelling those policies. All actions requiring in-person interaction are being suspended, such as on-site exams, audits, and licensing requirements.

Accommodations are being made for certain insurer filing requirements and deadlines. Non-federal filing deadlines are suspended, and late fees will be waived. This does not apply to product filings; for questions contact Steve Manders. As Pearson VUE has closed their Georgia center for the next 30 days, the department recommends those who have not taken the exams yet to compile all their paperwork and submit it to the department, which will process those applications rapidly once the center opens again for testing.

March 24 – The Commissioner is requesting that in light of the Department of Homeland Security's March 19th guidance that the financial services sector, which includes insurance, as an essential services, that counties and municipalities across Georgia determine that insurance is an essential business. The bulletin requests that local governments allow employees to work on-site who are fulfilling core functions such as providing IT support for remote employees, processing mail, adjusting, processing and paying claims, and security.

New Jersey

On a similar note, New Jersey has a bill that would require carriers to provide similar coverages to businesses with fewer than 100 employees that already have business interruption coverage on their policy, even though the policy excludes coverage for viruses. The bill passed in committee but has yet to move through the legislature.

On March 20 a bulletin was issued encouraging carriers to relax due dates for premium payments and loan payments, extend grace periods, waive late fees and penalties, allow payments plans, allow forbearance regarding cancellation/non-renewal of policies, extend timeframes to complete property and auto inspections or undergo medical exams, and assist policyholders to ensure that their policies do not lapse.

California

On March 18, the California Insurance Commissioner requested carriers to allow a 60-day grace period for premium payments in light of the COVID-19 emergency. The request applies to all lines of business. Agents, brokers and other licensees are requested to work with insureds to make payment of bills easy so that payments can be made on time while also keeping everyone safe. In another notice he requested carriers not use the expiration of drivers' licenses or vehicle registrations from March 16 for 60 days to affect rates, eligibility for coverage, eligibility for good driver discounts, or ability to obtain auto insurance. This will be reviewed at the end of 60 days in light of how the virus progresses.

New York

New York is instructing carriers to prepare explanations for insureds explaining their commercial property policies and what coverages may or may not provide coverage, as well as any applicable waiting periods. ISO had developed announcements carriers may choose to use. Important Information for New York Businessowners and Commercial Property Insurers. 

Florida

As of March 18, the Florida Insurance Department directed carriers to review and update their own business continuity plans. It is essential that carriers can service their insureds; if carriers discover deficiencies they must notify the department what operations are compromised.

Kansas

The Kansas Department of Insurance issued a bulletin announcing alternative work arrangements, possible delays in licensing and company applications and filings, and suspending all regulatory statutes in Chapter 40 that include a "deemed approved" clause. Forms and rates will not be deemed approved or used until such forms or rates receive affirmative approval from the department. All other clauses remaining intact, for example, regulations to pay claims promptly. If a carrier is having problems adhering to fair claims settlement regulations it is to notify the department.

Texas

On March 23 the department issued a bulletin suspending certain claim handling deadlines imposed by law. The COVID-19 pandemic has been declared a disaster, due to the disruption to carriers and their staff as well as insureds, and the expected volume of claims that will be generated. The claims handling deadline for prompt payment has been extended an additional 15 days and will continue until the Governor's suspension and Commissioner's declaration are lifted. Carriers are still expected to promptly handle, acknowledge, investigate, and assign claims.

Carriers are also to work with policyholders facing financial hardships and the administration encourages carriers to extend grace periods, suspension of premium payments, payment plans and other actions that will allow policyholders to maintain coverage.

March 24 – The Division of Workers Compensation issuing a bulletin stating the hours of operation of the Austin Metro lobby and carrier boxes as 8 a.m. to noon. Benefit review conferences are being held by telephone, and contested case hearings will also be held by telephone. Parties may exchange documents electronically. Most staff are working remotely and additional guidance is forthcoming.

As testing and fingerprinting facilities are closed, the department will issue temporary agent licenses without required tests or additional fees. Training can be completed online and fingerprints will be submitted later. Temporary applications should be submitted online, paper applications will not be accepted. Temporary licenses will remain active until further notice and the $100 fee for a temporary license will be waived. Only emergency adjuster licenses will be issued until testing and fingerprinting sites reopen.

For March or April renewals, the time to renew a license will be extended by 2 months and late fees will be waived. Extra time will be allowed to complete continuing education and fines will be waived. Licenses that expired on or before February 29 have until May 31 to renew, and licenses expiring between March 31 and April 30 renewals are extended to May 31 with a waiver of continuing education fines and late fees.

Hawaii  

New producer and surplus lines broker applicants may continue to submit applications and pay fees online via NIPR. Active licensees may continue to renew online at: https://www.ehawaii.gov/dcca/hils/renew/exe/insrenew.cgi

Due to Pearson VUE temporarily closing and suspension of testing due to the coronavirus workers compensation adjuster licenses due to renew on April 16, 2020 will be extended until examinations can be made available. Fees must be made timely with a written explanation that the exam has not been taken due to the unavailability of testing through Pearson VUE. The exam must be taken within 45 days of when testing is made available.

Maryland

On March 5 the Governor declared a State of Emergency because of the coronavirus. Citizens have been advised to not travel unless it is for essential purposes. It is recommended that those who must travel purchase trip cancellation coverage which will reimburse non-refundable costs if the trip is cancelled because of COVID-19. On March 20 the Insurance Administration is therefore requesting insurers that provide travel insurance provide an option to buy a cancel for any reason waiver when they buy a travel policy, or otherwise provide similar coverage so that the individual will be reimbursed for nonrefundable travel costs due to cancellation of a trip because of COVID-19.

Another bulletin on March 20 recommends to all insurers, both life and health and property and casualty to make reasonable accommodations to insureds so that insureds do not lose coverage due to non-payment of bills. Reasonable accommodations include suspensions of premiums due, extension of due dates, grace periods, and waiver of installment and late fees. Insurers are advised to encourage insureds to use online payment systems and other technology in order to get the bills paid.

In a bulletin March 23, the insurance commissioner encouraged all carriers to use remote claims handling technologies to the greatest extent possible. When on-site activity is necessary, employees, contractors, vendors, insureds and other parties must follow social distancing protocols as laid out by the CDC and the Maryland Department of Health as much as possible. Prompt payment of known claims should be a top priority. All are encouraged to monitor the administration's website for updates regarding COVID-19 related issues.

The administration recommended to carriers that since traffic has decreased as citizens work from home and remain home instead of going out, that carriers consider making rate filings to provide temporary relief to insureds. Filings could be for premium discounts for specific coverages or perils, or any other premium reduction commensurate with reduced loss exposure. The administration will waive filing fees and provide expedited review for those carriers filing such rate changes.

Oregon

On March 23 the Division of Financial Regulation issued a statement in response to the statement issued by the Department of Motor Vehicles in order to reduce people's need to visit the DMV offices. The Division bulletin states that insurers are expected to refrain from using the expiration of drivers licenses or vehicle registrations to affect eligibility for an insurance discount, decrease a driver's or business's ability to obtain coverage, or change rates charged to drivers or businesses.

Missouri 

In a bulletin issued March 24 the Department of Commerce and Insurance stated that annual statement supplemental filings due on April 1, 2020 will be considered officially filed when filed electronically with NAIC. For 2020, any requirements to send signed hard copies of annual statements is now optional. All other filings normally filed via mail, including dividend and surplus note payment requests, should be electronically filed with an electronic signature. These filings should be emailed to [email protected] with a read receipt request. The date of the read receipt is the officially filed date. While notarization is not required while this bulletin is in effect, documents that are normally notarized should be signed by the appropriate person, scanned and submitted electronically as a .pdf attachment.

Wisconsin

On March 20 the Insurance Commissioner asked insurers to work with policyholders having economic hardships during this time by offering non-cancellation periods and deferring premium payments.

On March 23 the Insurance Commissioner at the direction of the Governor ordered insurers operating in the state to assist restaurants who have been offering delivery service to provide coverage for said delivery service on personal auto policies and offer coverage for hired and non-owned automobiles as riders on the restaurants general liability policies. Many carriers had already started providing such coverage. Interested parties should contact their agents directly. Coverage will be effective on the date requested and last until the public health emergency has ended.

West Virginia

Has suspended normal time standards for claims handling of workers compensation claims and other regulated entities. Claims are to be handled as expeditiously as possible during the current emergency and companies should use all means necessary to work remote via telephone, facsimile, mobile applications and others to best serve insureds. Claims adjustment and resolution should be given priority so that high priority claims are addressed first.

Temporary total disability payments will not be suspended for failure to undergo examinations or needed treatment during this insurance emergency.

Massachusetts

Carriers have been ordered to provide employers and individuals with as much flexibility as possible during the pandemic in order to retain coverage despite concerns about paying premiums on time. Carriers should explore grace periods, streamlined paperwork, look at timing of payments to allow insureds the best possible chance to avoid cancellation for non-payment. Waiving late fees, non-sufficient fund fees, installment fees and penalties should be considered, as should payment plans.

Ohio

March 24 the Department of Insurance issued a bulletin requiring carriers to not cancel, non-renew, or refuse to issue an automobile policy or deny a claim solely because the driver or other family member has an expired license since the Governor's declaration of emergency on March 9. This declaration closed all but 5 Bureau of Motor Vehicles which are to processing commercial driver licenses. Since citizens cannot renew their licenses when due, insurers are not to punish them. Likewise, premium amounts for new or renewed policies must not be calculated in a way that will be detrimental to those unable to renew their licenses. Carriers do not have to submit filings in order to provide policyholders with this flexibility.

Washington

On March 24 the Insurance Commissioner issued an emergency order requiring carriers to provide grace periods for payment of insurance premiums and performance of other duties by insureds, as well as the temporary postponement of cancellations and non-renewals to last until May 23, 2020.

Arkansas

Issued a bulletin March 23 imposing a 60-day moratorium on cancellation or non-renewal of policies for nonpayment for those diagnosed with COVID-19. Policyholders must request the extension from their carriers, it is not automatic. For those with automatic bank drafts, those payments may be processed as usual.

Pennsylvania

A bulletin was issued March 20 encouraging insurers to be consistent with prudent insurance practices, relax due dates for premium payments, extend grace periods, waive late fees and penalties, and allow payment plans to avoid a lapse in coverage. Also, carriers should consider cancelling or non-renewing a policy only after exhausting all other methods to continue coverage.

Delaware

March 24 the Governor modified an earlier notice and states that no insurer, without a court order, may lapse, terminate or cause to be forfeited a covered insurance policy due to non-payments during the declared state of emergency.

South Carolina

March 25 the Insurance Department issued a bulletin stating that carriers are expected to work with individuals and businesses directly impacted by the COVID-19 state of emergency by various actions including but not limited to extending premium payment deadlines, additional time before cancellations/non-renewals become effective, extension of proof of loss deadlines, waivers of fees, penalties or other charges relating to an insured's temporary inability to pay on time. Any of these or other actions taken to provide relief to consumers will not be considered unfairly discriminatory if it is applied equally among all affected by the pandemic.

Christine G. Barlow, CPCU

Christine G. Barlow, CPCU

Christine G. Barlow, CPCU, is Executive Editor of FC&S Expert Coverage Interpretation, a division of National Underwriter Company and Arc Network. Christine has over thirty years’ experience in the insurance industry, beginning as a claims adjuster then working as an underwriter and underwriting supervisor handling personal lines. Christine regularly presents and moderates webinars on a variety of topics and is an experienced presenter.

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