Partner Melody Kiella will be participating in “Navigating Uncertainty Together: Practical Strategies for Cultivating Resilience in 2020 & Beyond” with Stacey Dougan. This session is part of the DRI Virtual Annual Conference and is available to watch at your convenience beginning October 21st at 4pm. Watch here ... Continue Reading
NEW COVID-19 RULING: FIRST GEORGIA RULING ON BUSINESS INCOME LOSS RELATED TO COVID-19
On October 6, 2020, a Georgia Federal Court issued the state’s first ruling addressing insureds’ business interruption claims related to COVID-19. Judge Thomas W. Thrash with the Northern District granted Allied Insurance Company’s motion to dismiss and denied plaintiffs’ motion to certify questions of law to the Georgia Supreme Court. The case is Henry’s Louisiana Grill, Inc. v. Allied Insurance Company of America, 1:20-cv-02939 (N.D. Ga. 10/6/20). Plaintiffs, Henry’s Louisiana Grill and Henry’s Uptown, are a restaurant and private party space, who ceased operations following the Executive Order declaring a “Public Health State of Emergency” issued by Georgia Governor Brian ... Continue Reading
Jeff Ward Quoted in Plaintiffs and Defense Bars Unite for Courthouse Mask Fundraiser by the Daily Report
Plaintiffs and Defense Bars Unite for Courthouse Mask Fundraiser discusses how Georgia Defense Lawyers Association and Georgia Trial Lawyers Association have partnered together for a fundraiser to ease the process of reopening the courts. President of GDLA, Jeff Ward explained that Funds raised through Mask Up for Justice! will be allocated towards providing masks and other PPE of those who will be using the courthouse, including jurors, courthouse employees and lawyers. “We’re trying to get us back to normal, whatever that looks like in the time of COVID and get the courts safely reopened.” Full Article ... Continue Reading
NEW COVID-19 RULING: TWO ADDITIONAL COURTS DENY INSURERS’ MOTIONS TO DISMISS
In the last week, two federal district courts have denied insurers’ motion to dismiss COVID-19 related lawsuits filed by insureds. The first court applied its previous definition of what constitutes a “physical loss” to hold the insureds stated a claim for relief while the other court found there was no binding state law case interpreting the policy’s Virus Exclusion allowing it to make a coverage decision on a motion to dismiss. The first opinion was issued on September 21, 2020 by a Missouri Federal District Court. Blue Springs Dental Care v. Owners Ins. Co., Case No.: 20-CV-00383-SRB (W.D. MO 9/21/20). The issue in Blue Springs was whether the insureds stated a claim that it suffered a ... 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
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