I 
116TH CONGRESS 
2D SESSION 
H. R. 6494 
To make available insurance coverage for business interruption losses due 
to viral pandemics, forced closures of businesses, mandatory evacuations, 
and public safety power shut-offs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 14, 2020 
Mr. THOMPSON of California (for himself, Mr. LARSON of Connecticut, Mr. 
HASTINGS, Mrs. NAPOLITANO, Mr. ROGERS of Alabama, Mr. MCNER-
NEY, Mr. CISNEROS, Mr. COX of California, Mr. GARAMENDI, and Mr. 
SOTO) introduced the following bill; which was referred to the Committee 
on Financial Services 
A BILL 
To make available insurance coverage for business interrup-
tion losses due to viral pandemics, forced closures of 
businesses, mandatory evacuations, and public safety 
power shut-offs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Business Interruption 
Insurance Coverage Act of 2020’’. 
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SEC. 2. BUSINESS INTERRUPTION COVERAGE REQUIRE-
MENTS. 
Effective upon the date of the enactment of this Act, 
each insurer that offers or makes available business inter-
ruption insurance coverage— 
(1) shall make available, in all of its policies 
providing business interruption insurance, coverage 
for losses resulting from— 
(A) any viral pandemic; 
(B) any forced closure of businesses, or 
mandatory evacuation, by law or order of any 
government or governmental officer or agency, 
including the Federal Government and State 
and local governments; or 
(C) any power shut-off conducted for pub-
lic safety purposes; and 
(2) shall make available business interruption 
insurance coverage for losses specified in paragraph 
(1) that does not differ materially from the terms, 
amounts, and other coverage limitations applicable 
to losses arising from events other than those speci-
fied in paragraph (1). 
SEC. 3. PREEMPTION AND NULLIFICATION OF PRE-EXIST-
ING EXCLUSIONS. 
(a) GENERAL NULLIFICATION.—Any exclusion in a 
contract for business interruption insurance that is in 
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force on the date of the enactment of this Act shall be 
void to the extent that it excludes losses specified in sec-
tion 2(1). 
(b) GENERAL PREEMPTION.—Any State approval of 
any exclusion of losses from a contract for business inter-
ruption insurance that is in force on the date of the enact-
ment of this Act shall be void to the extent that it excludes 
losses specified in section 2(1). 
(c) REINSTATEMENT
OF
EXCLUSIONS.—Notwith-
standing subsections (a) and (b) or any provision of State 
law, an insurer may reinstate a preexisting provision in 
a contract for business interruption insurance that is in 
force on the date of the enactment of this Act and that 
excludes coverage for losses specified in section 2(1) 
only— 
(1) if the insurer has received a written state-
ment from the insured that affirmatively authorizes 
such reinstatement; or 
(2) if— 
(A) the insured fails to pay any increased 
premium charged by the insurer for providing 
such business interruption coverage; and 
(B) the insurer provided notice, at least 30 
days before any such reinstatement, of— 
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(i) the increased premium for such 
business interruption coverage; and 
(ii) the rights of the insured with re-
spect to such coverage, including any date 
upon which the exclusion would be rein-
stated if no payment is received. 
SEC. 4. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) BUSINESS INTERRUPTION INSURANCE COV-
ERAGE.—The term ‘‘business interruption insurance 
coverage’’ means property and casualty insurance 
coverage provided or made available for losses result-
ing from periods of suspended business operations, 
whether provided under broader coverage or sepa-
rately. 
(2) INSURER.—The term ‘‘insurer’’ has the 
meaning given such term in section 102 of the Ter-
rorism Risk Insurance Act of 2002 (15 U.S.C. 6701 
note). 
Æ 
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