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Contractual Considerations in the Coronavirus Climate
Buchalter, April 2020

The COVID-19 outbreak has impacted the manufacturing, transportation and supple chains underpinning countless aspects of trade and commerce on a global basis. Additionally, the shelter-in-place orders have caused nonessential businesses to shut down, resulting in many of them being unable to meet their contractual obligation. Force Majeure Whether coronavirus can be considered a force majeure depends on the wording of the provision...

Insurance Recovery & The Corona Effect: Responding To Coverage Defenses For Business Interruption Claims
Haynes and Boone, LLP, April 2020

While the financial impact of quarantines and shelter-in-place orders will inevitably reach into every industry and every corner of the economy, companies in the hotel, restaurant, travel, retail and manufacturing sectors have already sustained significant business interruption losses. Much of the commentary from insurers and even some government agencies has been presumptively negative about the prospects for coverage...

Let's Talk About Insurance: Are we Covered in COVID-19 Situation?
Nestor Nestor Diculescu Kingston Petersen, April 2020

COVID-19 brought a tremendous disruption of normal daily life/business affecting personal life and businesses alike. People and companies/ institutions alike are in continuous assessment of solutions and compromises to mitigate the impact of the COVID – 19 pandemic. In the context of a continuously evolving environment, we all need to adapt and try to keep control on negative impact...

What Actions Should Companies Take to Secure Cyber Insurance Coverage for Losses Related to Cyber Incidents in the COVID-19 Landscape?
Lowenstein Sandler LLP, March 2020

As companies scramble to respond to the COVID-19 pandemic, one area that may not, but should, be on their radar is the terms and coverage provided by their cyber insurance policies. Certainly COVID-19 is not a computer virus, but it has drastically affected businesses’ reliance on technology to keep operating. With increased dependence, though, comes increased vulnerability...

Current Scope of COVID-19 in the Insurance Market
Carey, March 2020

From a commercial perspective, the main challenge for insurance companies and insureds has been to determine whether events such as pandemics, epidemics, economic losses due to quarantines, etc. in connection with Covid-19 are covered or not by their insurance policies...

How Insurance Companies Failure to Exclude Business Interruption Losses Caused by COVID-19 Impacts your Coverage
Waller, March 2020

Commentators and lawyers continue to make blanket statements regarding lack of business interruption coverage for losses caused by the novel coronavirus (COVID-19). They contend that coronavirus-related losses cannot satisfy the “direct physical loss of or damage to [covered] property” language contained in many policies to trigger coverage in the first place...

Coronavirus: Impact on Insurance
PLMJ, March 2020

The Coronavirus, COVID-19 has raised numerous important legal issues. However, one issue has assumed an even higher profile with the recent classification of the virus as a pandemic. This is the question of what claims can be made under the different insurance products on the market to cope with the losses, whether direct or indirect, that Portuguese businesses have been facing...

Group Health Plan and Cafeteria Plan Issues Related to COVID-19
Hanson Bridgett LLP, March 2020

As a growing number of the workforce is being affected by the COVID-19 pandemic, employers are raising several benefit related questions, particularly with respect to group health plans. The Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center...

COVID-19 Webinar Series: Insurance Coverage Steps to Take Now Webinar Recording
Bradley Arant Boult Cummings LLP, March 2020

Does your organization’s insurance program provide any protection from the economic disruption caused by the novel coronavirus pandemic? What steps should you take to assess and protect that insurance coverage? The Bradley Policyholder Insurance Coverage team has provided an informative webinar addressing insurance coverage and claims adjustment for event cancellation, business interruption, and third-party claims stemming from the pandemic...

Clearing Through the Smoke: Understanding the Short- and Long-Term Impact of COVID-19 on R&W Insurance
Haynes and Boone, LLP, March 2020

The impact of the novel coronavirus (COVID-19) across the globe remains a significant concern in every aspect of business – and the representation and warranty (R&W) insurance market is no different. The following Frequently Asked Questions are designed to address some of the more common questions that have arisen since the outbreak of the pandemic.As always, advice in this area is fact-sensitive...

Employee Benefits Questions and Answers Related to COVID-19
Hanson Bridgett LLP, March 2020

As a growing number of the workforce is being affected by the COVID-19 virus, employers are being asked to respond to benefit-related questions from employees. In the coming days, the Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center...

COVID-19 and Insurance Coverage Implications
Spilman Thomas & Battle, PLLC, March 2020

In this time of the COVID-19 pandemic, there are many questions about insurance coverage. Because each policy is different, it is very difficult to generalize about insurance coverage. However, one thing we know to be true is that policyholders or insureds will be advocating for losses, primarily business losses, to be covered, while the insurance companies will be arguing the insurance policies preclude coverage either due to policy definitions or due to policy exclusions...

Texas Supreme Court Reaffirms Broad Construction of Eight-Corners Rule
Haynes and Boone, LLP, March 2020

In a unanimous decision, the Texas Supreme Court held on March 20, 2020 that an insurance policy’s omission of an express duty to defend “groundless, false or fraudulent” claims does not preclude application of the Eight-Corners Rule. InJanet Richards, et al. v. State Farm Lloyds, No. 19-0802, ___ S.W.3d ___ (Tex...

Business Interruption Insurance Coverage in Times of the Coronavirus
Waller, March 2020

Two schools of thought have emerged on business interruption insurance coverage for coronavirus, either (a) it is a total panacea that will shift the risk of coronavirus revenue losses to insurance carriers or (b) there is no possible coverage for losses caused by coronavirus. As with most things in life and insurance, the truth lies somewhere in between and will depend on the specific policy at issue and the jurisdiction interpreting the policy...

HIPAA Guidance During COVID-19
Haynes and Boone, LLP, March 2020

Amidst continuing COVID-19 concerns, regulators issued certain waivers of HIPAA requirements and penalties as well as additional guidance applicable during this public health emergency. HIPAA Enforcement Discretion for Telehealth...

Business Interruption Insurance May Cover Losses Related to Coronavirus
Hanson Bridgett LLP, March 2020

As each day that passes while COVID-19 spreads throughout the country, more businesses are closing their doors to protect their employees, customers, vendors, and other people with whom they come into contact. And many of them are wondering whether there is coverage for their business losses during this time. Business interruption or business income coverage is sometimes included in commercial property coverage...

COVID-19 Client Alert
Veirano Advogados, March 2020

The new virus COVID-19, also known as coronavirus, is spreading exponentially all over the world, also in Brazil. The outbreak is affecting the way in which our clients and their clients conduct their businesses, and the behavior of each and every one of us drastically. The virus is not only tragic for those, whose health is being affected, but also for large parts of the economy, such as the tourism industry, airlines and general retail (other than nutrition-related)...

Which Insurance Covers Corona Damages? What Do You Have to Do Not to Lose Coverage?
DORDA, March 2020

Insurance companies ensure uncertain risks of individuals that may arise in the future and cover such risks with the premiums of the insured community. Once the risk has already occurred or is about to occur immediately and one does not have taken out insurance already, it is not possible to get insurance cover anymore...

Additional Insights on Force Majeure Under Texas Law
Haynes and Boone, LLP, March 2020

As individuals, businesses, and governments continue to take actions to mitigate or contain the worldwide impact of the novel coronavirus (COVID-19), it is likely that performance of contracts agreed to long before the emergence of the pandemic will become difficult, if not entirely impossible...

High-Deductible Health Plans can Cover Coronavirus Costs
Verrill, March 2020

Recognizing the need to eliminate potential administrative and financial barriers to testing for and treatment of the 2019 Novel Coronavirus (COVID-19), in Notice 2020-15, posted today on IRS.gov, the IRS advised that high-deductible health plans (HDHPs) can pay for COVID-19-related testing and treatment, without jeopardizing their status. This also means that an individual with an HDHP that covers these costs may continue to contribute to a health savings account (HSA)...

HHS Waives Certain EMTALA Requirements, Medicare Conditions of Participation, and HIPAA Sanctions during the COVID-19 Pandemic
Dinsmore & Shohl LLP, March 2020

On Friday, March 13, 2020, the Department of Health and Human Services (HHS) announced several waivers of existing Centers for Medicare and Medicaid (CMS) regulations pursuant to Section 1135(b) of the Social Security Act, including the waiver of certain Emergency Medical Treatment and Active Labor Act (EMTALA) obligations and Medicare conditions of participation during the COVID-19 pandemic...

Chambers Global Practice Guide: Insurance and Reinsurance 2020, An Exclusive Indonesia Chapter
Makarim & Taira S., March 2020

Chambers & Partners published its Practice Guide on Insurance and Reinsurance 2020. This guide provides expert legal commentary on key issues for businesses, and covers the important developments in the most significant jurisdictions...

Business Interruption Insurance May Cover Losses Related to Coronavirus
Hanson Bridgett LLP, March 2020

As each day that passes while COVID-19 spreads throughout the country, more businesses are closing their doors to protect their employees, customers, vendors, and other people with whom they come into contact. And many of them are wondering whether there is coverage for their business losses during this time. Business interruption or business income coverage is sometimes included in commercial property coverage...

Coronavirus: Legal Update
ENSafrica, March 2020

In the context of the Coronavirus outbreak worldwide, business and entrepreneurs are busy developing strategies and practical ways to mitigate and manage the risks associated with disruptions that may be caused as a result of the outbreak...

COVID-19 and Ohio Workers' Compensation
Dinsmore & Shohl LLP, March 2020

  In the wake of the COVID-19 outbreak and the World Health Organization’s declaration of this coronavirus as a pandemic, employers of all sizes have serious, and somewhat unprecedented, issues to consider. Fortunately for most employers, workers’ compensation may not be one of them...

 

 

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