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- PPP Loan Deadline May Be Extended as SBA Issues New Rules Relating to Loan Forgiveness and Eligibility
- California Looks to Pass Legislation Concerning Business Interruption Coverage Due to COVID-19
June 29, 2020
June 22, 2020
- PPP Loan Forgiveness Application Forms Updated and Streamlined
- Nevada Division of Insurance to Disallow Policy Exclusions Related to COVID-19
- CDI Announces New Order Regarding Workers’ Compensation Premium Savings for CA Businesses Affected by COVID-19
june 15, 2020
june 10, 2020
- Note to the SBA: Debtors in Bankruptcy Are Eligible for PPP Loans
- California Modifies the Tolling of Statutes of Limitations in Civil Cases
june 8, 2020
June 4, 2020
may 29, 2020
may 28, 2020
may 27, 2020
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may 15, 2020
may 14, 2020
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may 12, 2020
may 8, 2020
- Treasury and the SBA Issue Guidance Regarding the Employee Retention Credit
- Businesses Reopen in Los Angeles County as Stage 2 of California’s Statewide Plan Begins
- Update: Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. County Ordinance
may 6, 2020
- SBA Extends PPP Certification Safe Harbor to May 14
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may 5, 2020
- Update: PPP Guidance Issued by the SBA and U.S. Treasury at Odds With the CARES Act—Michelman & Robinson Files First-of-Its-Kind Lawsuit Challenging FAQs
- NAIC Issues Business Interruption Data Call in the Wake of COVID-19
may 4, 2020
may 1, 2020
april 29, 2020
- Planning for Your Employees' Return to the Workplace
- Los Angeles Hospitality Workers Among Those Thrown a Potential Lifeline
april 24, 2020
- Attention Cannabis Businesses: Hope May Be on the Horizon for Federal COVID-19-Related Relief
- California Department of Insurance Issues Notice Granting Tax-Filing Extension in Response to COVID-19
- SEC Approves Amendments to Nasdaq and NYSE Continued Listing Requirements Due to the COVID-19 Pandemic
April 23, 2020
april 21, 2020
- Additional Funding Is on the Way to Resurrect the PPP
- Certifying Your PPP Loan: Proceed With Caution
april 17, 2020
april 16, 2020
- Employment in the Wake of Coronavirus: EEOC and OSHA Guidance Allows Employers to Go Where They Could Not Go Before
- New Yorkers Ordered to Stay at Home Even Longer Amid the COVID-19 Crisis
- Paycheck Protection Program Funds Exhausted
april 15, 2020
April 14, 2020
- Insurance Companies Have Been Ordered to Provide COVID-19-Related Premium Relief to Businesses and Drivers in California
- What to Do If Your New York Business Has Been Deemed Non-Essential
APRIL 13, 2020
- IP Deadlines and Fees Extended Under the CARES Act
- Employment in the Wake of Coronavirus: Reintegrating Your Workforce in the New Normal
APRIL 10, 2020
- You Successfully Applied for and Received a PPP Loan Under the CARES Act: Now What?
- Safer at Home Order in L.A. Extended to May 15
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APRIL 9, 2020
april 8, 2020
- Congress Looks to Bolster the PPP With Another $250B in Funding
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- L.A. Mayor Amends COVID-19-Related Paid Sick Leave Ordinance
april 7, 2020
April 3, 2020
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March 31, 2020
march 30, 2020
- Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. Ordinance
- Insurance Coverage Potentially Triggered by COVID-19
- Attention Insurers: CDI Orders Mandatory Call for Business Interruption Coverage Information in the Wake of COVID-19
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March 27, 2020
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March 26, 2020
march 25, 2020
march 24, 2020
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- SEC Relaxes Federal Proxy Rules for Annual Meetings
march 23, 2020
- Federal Reserve Responds Boldly to Coronavirus-Related Economic Downturn
- The Number of Jurisdictions Implementing Stay-at-Home Orders Is Increasing Exponentially
- Michelman & Robinson’s Guide to Coronavirus-Related Paid Sick Leave and Unemployment Insurance Laws in the Tri-State Area
MARCH 21, 2020
MARCH 20, 2020
- New York Governor’s PAUSE Order
- Illinois Governor’s Statewide Stay-at-Home Order
- Force Majeure Clauses in Commercial Real Estate Contracts
MARCH 19, 2020
- SEC Provides Regulatory Relief for Public Reporting Companies
- Student Loan Borrowers Can Breathe a Sigh of Relief, At Least Temporarily
- California Governor's Statewide Stay-At-Home Order
MARCH 18, 2020
- "Shelter in Place" Orders
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MARCH 17, 2020
MARCH 16, 2020
MARCH 5, 2020
Nevada Division of Insurance to Disallow Policy Exclusions Related to COVID-19
DAVID HAUGE, SAMUEL LICKER
JUNE 22, 2020
The Nevada Division of Insurance (“NVDOI”) issued an important notice last week to all property and casualty insurers doing business in the state. Pursuant to the notice, the NVDOI will temporarily disallow the issuance of new business interruption policies—and those providing related coverage—if they contain exclusions specifically mentioning COVID-19, viruses, or pandemics. Michelman & Robinson answers some of the questions insurers and policyholders in Nevada may have about the notice.
Q. Who is impacted by the notice and what exactly does it restrict?
A. The notice is directed to all property and casualty insurers offering coverage for business interruption and related perils in Nevada, and it makes clear that the NVDOI will not approve any new policy or endorsement language containing exclusions of coverage that specifically mention COVID-19, viruses, or pandemics (at least temporarily).
It should be noted that the NVDOI emphasizes in the notice that the language of an insurance policy determines what perils are and are not covered. That being said, to the extent an insurer asserts that previous policy language already excludes coverage for COVID-19-related claims (e.g., a policy submitted, approved, and issued before the coronavirus crisis contains exclusions for viruses or pandemics), and now seeks to add a provision specifically excluding COVID-19, the NVDOI will not accept such an addition, even if its only purpose is to clarify that the policy excludes – and has always excluded – coverage for viruses and pandemics, including COVID-19.
Q. Does the notice affect policies that are already in place?
A. No, the notice does not retroactively affect policies that have already been submitted and received approval; however, the NVDOI has requested that insurers voluntarily remove the prohibited exclusionary language from policies submitted and approved on or after March 12, 2020.
Q. I am an insurer in Nevada. How do I withdraw the prohibited exclusionary language from my policy?
A. A voluntary withdrawal of exclusions specifically mentioning COVID-19, viruses, or pandemics may be made by way of a new filing submitted through the System for Electronic Rate and Form Filing (“SERFF”). In the new filing, you need to include only the forms to be withdrawn or amended to remove the exclusionary language.
Q. How long will the NVDOI continue to disallow policies that include the prohibited exclusions?
A. The NVDOI will continue to temporarily deny the exclusionary language related to COVID-19, viruses, or pandemics until Nevada Governor Steve Sisolak lifts the Declaration of Emergency now in place in the state.
Q. Where does the NVDOI’s authority to issue such a notice come from?
A. The NVDOI’s authority to temporarily disallow the COVID-19 and related exclusions stems from the State of Emergency that has been in effect in Nevada since March 12, 2020. With that power at hand, the division issued the notice to protect consumers against the narrowing of previously expected insurance coverage and ambiguity of interpretation of insurance policies during a time of uncertainty and financial strain resulting from the COVID-19 pandemic.
We are working diligently to keep our clients up to date on coronavirus-related developments. Nevertheless, these developments are changing daily and, in some cases even hourly, so it is important that you make sure you are dealing with the most current information. That being said, this alert is not offered, and should not be relied on, as legal advice. You should consult an attorney for guidance and counsel regarding any specific concern or situation.