New Jersey began the coronavirus enterprise insurance coverage laws, however similar to a virus, it’s spreading to different jurisdictions. Ohio and Massachusetts filed very related payments to what was filed within the New Jersey Meeting.
I blogged concerning the ex submit facto problems with this laws final night time in Coronavirus Insurance coverage Regulation Replace March 25—New Jersey Anti-Virus Invoice and Civil Ex Publish Facto Legal guidelines. In case you learn these legislative payments very fastidiously, one can discern the robust public security and public coverage causes for the laws and the necessity for a retroactive treatment.
I’m not a constitutional lawyer, however an insurance coverage lawyer I’ve loads of respect for is Barry Zalma. I didn’t get to see his scheduled presentation this week on the now-canceled First Get together Claims West Convention. Zalma made the next remark to my prior submit:
Don’t neglect the Fifth Modification, it is a taking with out compensation.
I’m not a Fifth Modification Constitutional skilled both.
Some insurance coverage firm attorneys will argue that that is extra akin to a Robin Hood situation. I get accused of performing like Robin Hood generally. However, I appropriate that as a result of Robin Hood had nothing to do with King Arthur, Noble Knights of The Spherical Desk, or a really particular wizard.