There has been significant state insurance regulatory activity related to the novel coronavirus (“COVID-19”) pandemic – which continues to evolve. State insurance regulatory authorities have issued emergency rules and regulations, notices and bulletins, containing both directives and guidance, as well as requesting information related to the COVID-19 outbreak. These regulatory actions vary from state to state, for example:

  • Some relate only to specific lines of insurance - such as health insurance, travel insurance and commercial property/casualty insurance - while some are broadly directed at all regulated insurance entities. 
  • Some require an affirmative response to a state insurance regulator before a specified date, while others simply provide guidance or clarify the insurance department’s position on issues related to the COVID-19 outbreak. 

This Legal Update provides a chart that summarizes the regulatory actions of US insurance regulatory authorities with respect to the COVID-19 outbreak, noting items that have been added since our last Update. 

The substance of these regulatory actions focuses on the following general areas: (1) policyholder/consumer protection, (2) business continuity, (3) flexibility/accommodations to the insurance industry, and (4) data calls. 

Notably, though this falls outside of state regulator activity, legislators in Massachusetts, New York, Ohio, Pennsylvania and South Dakota have introduced bills that, if enacted into law, would force insurers to pay out COVID-19-related business interruption insurance losses regardless of any policy exclusions.  Mayer Brown has published a Legal Update on the constitutional issues raised by such bills.

Any questions or comments with respect to the information contained in this survey should be directed to Kara Baysinger at or (415) 874-4256, Stephanie Duchene at or (213) 229-5176, Matthew Gaul at or (212) 506-2237, Larry Hamilton at or (312) 701-7055, Sanjiv Tata at or (212) 506-2205 or Philip Goldstein at or (212) 506-2693.

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