I specialise in liability insurance and am confident that when this goes to court, the USA government wouldn't have a legal leg to stand on, you can't retrospectively pass law on insurance contracts. If it ever reaches the highest court, the whole process will take at least 10 years by which time, the initiators of this move would have abandoned the claim. Just all talk, political vote garnering. Insurance terms are set by world-wide players, with big reinsurers such as Munich Re, Swisse Re, etc - non-USA entities. Most current BI policies exclude pandemics, in some rare cases, some may currently have some limited cover which is why insurers say they will pay valid claims for covid 19. Moving forward it is possible that governments or businesses would push for pandemic cover, everything is possible but comes at the right price. Any cover would have lower sublimits and prescriptive terms. Insurers now have the benefit of hindsight on the true cost of pandemics, so any cover won't come cheap or affordable.
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