Insurance and Reinsurance – Page 2 – Coronavirus (COVID-19)

May 18, 2020September 3, 2020 by Duane Morris

Insurance Industry Prevails in Decision on COVID Losses for Business Interruption Before the Pennsylvania Supreme Court

In the bellwether case of Joseph Tambellini, Inc. v. Erie Insurance Exchange, the Pennsylvania Supreme Court was petitioned under its King’s Bench powers to assume plenary jurisdiction of an insurance coverage dispute that had been filed in the Court of Common Pleas, Allegheny County, Pennsylvania. The high court was asked to decide critical legal issues that would have impacted thousands of other insurance claims that might arise in the future from the COVID-19 pandemic. Duane Morris was retained by insurer trade associations, including APCIA, NAMIC, PAMIC, and the Insurance Federation of Pennsylvania (the “Insurance Industry Amici”), to oppose this extraordinary petition.

To read the full text of this post by Duane Morris partner Damon Vocke, please visit the Duane Morris Insurance Law Blog.

May 13, 2020September 3, 2020 by Duane Morris

Congressional Efforts to Compel Coronavirus Business Interruption Insurance

We previously wrote about the growing number of lawsuits by insureds seeking business interruption insurance coverage for business losses in response to the novel coronavirus (here and here), and the constraints that state and federal governments should face were they to compel such coverage. We also previously detailed nationwide efforts aimed at enacting legislation compelling business interruption and contingent business interruption insurance for COVID-19 losses. As of the date of this update, eight states have proposed a number of bills relating to business interruption insurance, and Congress has also waded in.

To read the full text of this post by Duane Morris attorneys Dominica C. Anderson, Philip R. Matthews and Daniel B. Heidtke, please visit the Duane Morris Insurance Law Blog.

May 11, 2020September 3, 2020 by Duane Morris

Pennsylvania Insurance Department Warns of Risks Related to Non-Compliance of COVID-19 Business Closure Orders

On May 11, 2020, Pennsylvania Insurance Commissioner Jessica Altman reminded businesses of the importance of complying with Governor Tom Wolf and Department of Health Secretary Rachel Levine’s orders – for counties in both the red and yellow phases.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

May 7, 2020September 3, 2020 by Duane Morris

California Executive Order Presumes Employees Who Contract COVID-19 Are Eligible for Workers’ Compensation Benefits

By Brooke B. Tabshouri

On May 6, 2020, Governor Gavin Newsom issued Executive Order No. N-62-20. The order states that employees will be presumed to have contracted COVID-19 in the course and scope of employment for purposes of workers’ compensation benefits if all of the following conditions are satisfied:

The employee contracts it within 14 days of performing labor at the employer’s direction and at the employer’s worksite;
If such work occurred on or after March 19, 2020;
The worksite was not the employee’s home; and
The positive test is confirmed by a physician within 30 days.

Continue reading “California Executive Order Presumes Employees Who Contract COVID-19 Are Eligible for Workers’ Compensation Benefits”

May 4, 2020September 4, 2020 by Duane Morris

FAR 52.250-1 Indemnity for VA Contracts Responsive to COVID-19

On April 10, President Trump invoked his authority under 50 U.S.C. 1431 et seq. to authorize the VA to indemnify contractors “with regard to transactions directly responsive to the COVID-19 national emergency.” This statutory authority may provide FAR 52.250-1 contractual indemnity protection for VA contractors against insurance coverage gaps related to COVID-19.

To read the full text of this post by Duane Morris attorneys Matthew Freeman and Michael Schrier, please visit the Duane Morris Government Contracts and Litigation Blog.

April 21, 2020September 3, 2020 by Duane Morris

Class Action Suits Against Single Insurers at Start of Coronavirus Business Interruption Litigation

As the coronavirus cases start peaking in at least some parts of the United States, the American courts are beginning to experience mounting cases relating to claims against businesses for coronavirus infections and against insurers for alleged business interruption coverage. A few weeks ago, some well-known restaurants in the United States commenced litigation against their insurers over claims for insurance coverage stemming from business interruption. These individual cases will raise a number of issues whether there is direct physical loss to covered property and whether the virus exclusions in the policies bar coverage. As a host of other types of businesses have followed by filing a number of individual suits in several states against their insurers. Last week, however, a new form of litigation has been filed with multiple class action insurance coverage lawsuits being brought by alleged representatives against single insures who are claimed to have written business interruption policies to a number of businesses in given areas or nationwide.

To read the full text of this post by Duane Morris attorneys Dominica C. Anderson, Philip R. Matthews and Daniel B. Heidtke, please visit the Duane Morris Insurance Law Blog.

April 16, 2020September 3, 2020 by Duane Morris

Coronavirus Business Interruption Insurance Coverage Proposed by Congress

Legislators continue their efforts to address the enormous cost of business continuity losses. Most recently, Representative Mike Thompson of California, introduced H.R.6494, labeled the “Business Interruption Insurance Coverage Act of 2020”.

To read the full text of this post by Duane Morris attorney Daniel Heidtke, please visit the Duane Morris Insurance Law Blog.

April 16, 2020September 3, 2020 by Duane Morris

New Jersey Expands Paid Leave Relief Available to Employees in the Wake of COVID-19 Pandemic

Governor Phil Murphy signed into law Senate Bill 2304 (S2304), expanding leave rights and benefits available to workers under New Jersey’s Earned Sick Leave Law, Family Leave Act, Temporary Disability Benefits Law and Family Leave Insurance Program for absences attributed to COVID-19. This law took effect immediately as of March 25, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 14, 2020September 1, 2020 by Duane Morris

Efforts by Lawmakers Continuing to Compel Coronavirus Business Interruption Insurance

The potential cost of business continuity losses is enormous. The Congressional Research Service issued a report to Congress on the financial impact to insurers for the cost of covering business interruption claims. The report explains that some industry sources estimate that the cost of covering business interruption claims ranges from $110 billion to $290 billion per month. In a more recent letter, insurance industry leaders explained, “recent estimates show that business continuity losses just for small businesses of 100 or fewer employees could amount to between $220 billion to $383 billion per month. Meanwhile, the total surplus for all of the U.S. home, auto, and business insurers combined to pay all future losses is only $800 billion.”

To read the full text of this post by Dominica Anderson, Philip Matthews and Daniel Heidtke, please visit the Duane Morris Insurance Law Blog.

April 2, 2020September 3, 2020 by Duane Morris

Life-or-Death Hospital Decisions Come With Threat of Lawsuits

Doctors and hospitals overwhelmed in the pandemic will have to make their excruciating life-or-death decisions meticulously or they risk being second-guessed by a jury when the onslaught is over.

Lawyers who defend health care providers are already giving advice on how their clients can avoid liability if they’re forced to choose between patients. How they prepare for this battlefield triage now — and how they practice it in the chaos of peak infections — will determine whether negligence cases against them are dismissed or lead to trials or settlements over the death of a parent or spouse.

[…]

Hospitals and doctors are focused on care right now, as they should be, said Sean Zabaneh, a lawyer with Duane Morris LLP in Philadelphia who represents them in court.

Still, he said, they should be “making sure they have insurance coverage in place that is applicable to the new circumstances that are becoming more normal every day as a result of the pandemic, and staying up to date on the quickly evolving legal standards and legislation.” Lawmakers could pass legislation to protect health care providers that adhere to the standard of care, he added.

[…]

To read the full article, visit the Bloomberg website.