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
Construction Industry Task Force
Drew Eckl & Farnham's Construction Industry Team is comprised of attorneys from multiple practice areas that specialize in the construction industry. These attorneys are staying up to date on all matters related to COVID-19 and the legal implications for the construction industry. Specific Areas of Specialty: Response to OSHA demand letters and investigations.Analysis and defense of delay damages and force majeure provisions.Exposure from injuries covered under Workers’ Compensation specific to employees who have been laid offConsiderations for light duty programs after Workers' Compensation claims during COVID-19.Coordination between builders, owners, & lenders/insurance ... 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
COVID-19: Does the CARES Act have an impact?
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security ("CARES") Act was signed into law as a response to the COVID-19 pandemic in the United States. The CARES Act is an economic relief package that expands unemployment insurance benefits and other relief for individuals and small businesses affected by the economic downturn. One of the particular provisions of the CARES Act is the Federal Pandemic Unemployment Compensation ("FPUC") program. This program provides money to individuals who are unemployed. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was signed into law as a response to the COVID-19 pandemic in the United States. The ... 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
Virtual Mediations: Navigating COVID-19’s Uncharted Waters Without a Map
As one of the fast-rising stars for Alternative Dispute Resolution (ADR) in Georgia, mediations have become a popular practice for issue resolution and settlement in cases ranging from multimillion-dollar contract disputes to custody determinations. However, with many courts, law firms, and several other legal entities facing strict restrictions and closures due to COVID-19, no one could have predicted the call to action placed on mediators to revive cases that otherwise would face indeterminable delays in a time of normalized social-distancing and postponed court dates. As one of the fast-rising stars for Alternative Dispute Resolution (ADR) in Georgia, mediations have become a popular ... Continue Reading
Finding the Usual Suspects – Death Benefits Stemming from Third Party Criminal Action Against Employee
When employers are faced with the unexpected death of an employee, they may be held liable under the Georgia Workers Compensation Act. However, for this to occur, the employee's death must result from an accident "arising out of and in the course of employment." Although the claimant bears the burden of proof to establish that the employee for whom they are claiming benefits did in fact die in the course of his or her employment, there exists a presumption that the death meets the criteria for coverage under workers compensation, if the death is unexplained and if the employee is found in a place where he might reasonably have been expected to be in the performance of his duties. Code, § ... Continue Reading
COURT ISSUES FIRST RULING IN A COVID-19 RELATED FIRST PARTY PROPERTY CLAIM
On July 1, 2020, Michigan Circuit Court Judge Joyce Draganchuk issued what it appears to be to be the first U.S. court decision in an insured’s first party property lawsuit against an insurance carrier seeking business interruption coverage as a result of a governor’s shelter-in-place order. See Gavrilides Management Company v. Michigan Insurance Company. The insurer filed a motion for summary disposition asking the Michigan Court to rule as a matter of law that its policy did not provide coverage for business interruption losses caused by COVID-19 shelter-in-place order. Judge Draganchuk agreed with the insurer. The hearing on the motion is posted on You Tube. Michigan ... Continue Reading