'Constitutional Questions Presented by Proposed State Legislation Requiring Retroactive Business Interruption Insurance Coverage for COVID-19 Related Claims'

[Editor's note: Sean Keely is Freeborn & Peters' New York Office Managing Partner, a member of the Firm's Executive Committee, the head of Freeborn’s Reinsurance Subgroup, and a Partner in the Litigation Practice Group. Matthew Connelly is an Associate in the Litigation Practice Group and a member of the Insurance and Reinsurance Team. Visit Freeborn’s COVID-19 webpage at https://www.freeborn.com/practice/covid-19 for more information as this situation develops.]

Recently, state legislatures in New Jersey, Ohio, Massachusetts, New York, and Louisiana have introduced bills seeking to require business interruption insurance policies to cover claims relating to the COVID-19 pandemic, even if those policies …