An article written by Partner Karen Karabinos was featured in the Spring 2021 edition for DRI's In-House Defense Quarterly publication. The article, Landscape of COVID-19-Related Business Interruption Claims and Litigations: The Past, Present, and Future, highlights the issue of insurance coverage for business interruption losses related to COVID-19. See below to read the complete article. ... Continue Reading
LISTEN NOW: Drew Eckl & Farnham’s Special Podcast Episode on OSHA’s COVID-19 National Emphasis Program
Following the February 10th episode (linked below), attorney Neil Brunetz fills us in on the newly released National Emphasis Program and what it means for employers. LISTEN HERE Please reach out to Neil with any questions and check out our FAQ sheet. FEBRUARY 10TH PODCAST EPISODE FAQ SHEET ... Continue Reading
COVID-19 in the Workplace: Requiring Vaccinations and Making Exceptions
With COVID-19 vaccines now being made available for all adults, many employers are considering requiring employees to be fully vaccinated for COVID-19 before returning to the workplace. Can employers require their employees get vaccinated? When must employers make exceptions and accommodations for employees who have reasons NOT to receive the vaccine? Do employees need proof to be excused from receiving the vaccine? Attorney Meredith Riggs Guerrero has written a guide to understanding COVID-19 vaccination requirements and exceptions in the workplace. Check it out below. ... Continue Reading
LISTEN NOW: Drew Eckl & Farnham’s Podcast Episode on Depositions in Georgia in the Age of COVID-19
It's hard to imagine anything in today's world that has not been impacted by COVID-19. The legal profession is, of course, no exception. Lawyers must be prepared each day to respond and adjust to the shifting sets of challenges presented by the coronavirus pandemic. The goal for each attorney should be to provide excellent legal services while ensuring that everyone involved stays healthy and safe. SO WHAT DO WE DO ABOUT DEPOSITIONS DURING THIS TIME? Listen the Episode Now Do you have a topic you'd like to hear about? Click the link below and fill out the form to let us know. Submit Topic Suggestions ... Continue Reading
We are excited to announce the launch of our COVID-19 webinar series where our attorneys will discuss the legal impacts of COVID-19.
We are excited to announce the launch of our COVID-19 webinar series where our attorneys will discuss the legal impacts of COVID-19. In case you missed our first webinar on COVID-19 What Now? Preparing for COVID-19 First Party Property Claims, you are still able to watch the recording and receive CE credit if needed. Watch the webinar here. Do you have a topic you’d like to hear about? Click the link below to let us know! Topic Suggestions ... Continue Reading
Partner Karen Karabinos Quoted in the AJC
Karen Karabinos was quoted in Georgia Businesses Hope Lawsuits Will Trigger COVID Insurance Coverage, an article in the Atlanta Journal-Constitution. The article discusses the push from business owners who are attempting to collect pandemic related losses by filing property damage insurance claims. Karen cited Georgia's Case Law, as to why these filings aren't valid in Georgia. "These companies are saying they can't use their offices, but that wouldn't work under Georgia law." ... Continue Reading
IADC Features an Article by Karen Karabinos and Eric Mull
Partners Karen Karabinos and Eric Mull were featured the August edition of the IADC Committee Newsletter. Karen and Eric provide guidance on how insurance company can prepare and possibly avoid bad faith claims being filed against them in COVID-19 related first party property lawsuits. ... Continue Reading
District of Columbia Court Finds no “Direct Physical Loss” Arising out of D.C. Mayor’s Orders
On August 6, 2020, Associate Judge Kelly A. Higashi of the District of Columbia Circuit rejected efforts by Plaintiffs, owners and operators of prominent restaurants in the D.C. area, to recover business income losses from their insurance carrier Erie Insurance Exchange after the mayor declared a state of emergency and a public health emergency. In various orders, the mayor prohibited table seating at restaurants and bars, then prohibited standing customers at restaurants, bars and ultimately closed all non-essential businesses. Erie denied their claims, prompting Plaintiffs to file a declaratory judgment action requesting the D.C. Court to hold that their losses were covered by the policies ... Continue Reading
UPDATE: GOVERNOR KEMP SIGNS GEORGIA COVID-19 PANDEMIC BUSINESS SAFETY ACT
Late on August 5, 2020, Governor Kemp signed the Georgia COVID-19 Pandemic Business Safety Act (“GCPBSA”). As discussed in our July 7, 2020 article, the GCPBSA affords businesses in Georgia with liability protection against claims related to the contraction of COVID-19 that accrue before July 14, 2021. Importantly, the GCPBSA creates a rebuttable presumption of assumption of the risk except in cases of gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. Generally, assumption of the risk is a defense to liability that applies when a claimant has actual knowledge of the danger, understood and appreciated the risk ... Continue Reading
COVID-19 Forward Focused | What are the Legal Obligations of Returning to the Workplace?
Attorneys Dan Kniffen and Neil Brunetz participated in a webinar with Georgia Minority Supplier Development Counsil to explore safety precautions that need to be considered prior to reopening businesses during COVID-19. Dan and Neil address health and safety considerations, test screenings and privacy concerns. Watch the Webinar ... Continue Reading