With economic relief funding having been passed and signed by the President, a good deal of the focus in Congress is now shifting to questions surrounding insurance coverage and the exclusions found in many – if not most – policies relative to viruses, epidemics, pandemics and the like. Currently, there are no fewer than 4 separate bills being circulated on Capitol Hill that would address small business insurance needs in the case of pandemics, viruses or other forced shutdowns, albeit prospectively. With the Business Interruption Insurance Act (HR 6494) being the only bill filed to date, The Pandemic Risk Insurance Act of 2020 (PRIA), the COVID-19 Business and Employee Continuity and Recovery Fund, and the Never Again Small Business Protection Act are each on the drawing board in Congress. Although it is believed this issue could be addressed in another future version of economic recovery legislation, it may be that these discussions are coming too late? As we advised at the beginning of the month, Tom Keller and a host of other highly successful chefs have joined together to create the Business Insurance Group, a restaurant coalition pursuing insurance claims for business interruption. We learned last week of another suit filed in Chicago seeking legal redress after a business interruption claim was denied. Mailard Tavern LLC v. Society Insurance Inc. was filed in the Circuit Court of Cook County and in it, Mailard Tavern argues that since the coronavirus contaminates surfaces, it should qualify as a “physical loss” of property and further, that the government shutdown order is a “loss of access to the building”, both of which are covered under their current insurance policy. More to come on business interruption insurance, so stay tuned.