Idaho Outlines Criteria for Virus/Communicable Disease/Pandemic Exclusions

Idaho Outlines Criteria for Virus/Communicable Disease/Pandemic Exclusions

 

On April 15, 2022, the Idaho Department of Insurance (DOI) issued Bulletin No. 22-03 outlining guidance for virus, communicable disease, or pandemic exclusions within property and casualty insurance policies. Idaho’s state of emergency, initially declared in March 2020 following the onset of the COVID-19 pandemic, officially expired on April 15, 2022. Therefore, the DOI has advised it will begin accepting filings with these policy exclusions if they meet certain criteria.

Specifically, in an effort to promote greater transparency for consumers, the DOI provided the following guidance as to what conditions must be met when filing virus/communicable disease/pandemic exclusions:

  • Exclusions of losses due to virus, communicable disease, or pandemic are to be no more limiting than those filed by the Insurance Service Office (ISO).
  • Losses due to the transmission of or injury from communicable diseases are not to be excluded as a “pollutant.” Any exclusion of loss due to communicable diseases or pandemics is to be separate and specific to such a loss.
  • Losses from alleged or actual injury from a vaccine are not a permissible exclusion.

Additionally, the DOI has requested carriers to review their policies with these exclusions that were in place prior to the pandemic as they intend to review all contracts against the aforementioned guidelines.

Requests for additional information or other inquiries regarding Idaho’s Bulletin No. 22-03 can be directed to Deputy Director Wes Trexler at 208-334-4214 or weston.trexler@doi.idaho.gov.  

 

Link to Bulletin No. 22-03