There are many exclusionary elements contained within the mentioned Covid-related exclusions which are common across multiple markets.
There are many exclusionary elements contained within the mentioned Covid-related exclusions which are common across multiple markets:
Transmission exclusion (e.g. failure to prevent transmission) is probably the most common theme, present in most exclusions.
Failure to follow (or the violation of) varying guidelines or laws, including the failure to report Covid-19.
Exclusion specific to the rationing or withholding of care.
Environmental exclusionary language referencing: remediating, removing, abating, neutralizing etc.
Exclusions specific to unlicensed, not credentialed or privileged providers.
Less common, but still present, is language that precludes coverage for liability arising out of:
The inability to procure PPE/supplies etc.
Vicarious liability for any other entity that has been granted immunity (via state immunities or PREP Act).
Given the variance in Covid-19 language that we have seen in the marketplace to date, there may be more shifts in position, language and appetites to come.
If consensus exists, it is only that markets are concerned about Covid-19; in most other areas the market response is still fairly fluid (and expected to be for some time).