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
COVERAGE ISSUES RELATED TO REMOTE ACCESS BREACHES- Part Three: What Damages Are Not Covered?
This article is the third of several articles addressing the various cyber insurance coverage issues that might arise in connection with a claim relating to data/security breaches. The focus of this article explores the types of damages that are not covered under the typical cyber insurance policy when there is a covered data/security breach. As highlighted in our previous articles, cyber insurance policies address both first-party and third-party claims that arise as a result of covered cyber events such as a data/security breach. First-party coverage addresses losses incurred directly by the insured, such as a business interruption loss, while third-party coverage addresses liability ... Continue Reading
DEF Highlighted in “Silver Linings: Managers See Upsides During the Pandemic”
DEF was featured in an article by SHRM, "Silver Linings: Managers See Upsides During the Pandemic," highlighting how our firm has focused on efficiency, collaboration and automation during the pandemic. Managing Partner Joe Chancey explained that as the spread of COVID-19 escalated and working remotely suddenly became necessary, the firm's Emergency Response Team worked quickly to update our business processes. "Since the law firm's employees were physically disconnected during the pandemic, the company's emergency response team had to find ways to help managers and staff communicate efficiently, stay coordinated and connected and eliminate the need to lay hands on paper in any aspect of ... Continue Reading
Coverage Issues Related To Remote Access Breaches – Part Two: What Damages Are Covered?
This article is the second of several articles addressing various cyber insurance issues that may arise in connection with a company's claim relating to data breaches. The focus of this article explores the type of damages covered under the typical cyber insurance policy when there is a covered data breach. ... Continue Reading
Coverage Issues Related To Remote Access Breaches- Part One: What Is A Covered Data Breach?
In light of the shelter-in-place orders issued by the state, counties and municipalities across the country, a significant number of businesses allowed most of their employees to work remotely. While working remotely has reduced the spread of COVID-19 in the workplace, employees may not be as diligent with cyber security while working from home. As a result, employers should be concerned that the increased remote access by employees may make their network ripe for cyber-attacks. According to a 2018 Security Tracker Study conducted by Shred-it, 86% of C-Suite executives and 60% of small business owners agree that the risk of a data breach is higher when employees work off-site than when ... Continue Reading
A CHECKLIST FOR EMPLOYERS ON POLICIES FOR RETURNING TO WORK
As businesses are reopening statewide, employee safety is top of mind for everyone. It’s crucial for businesses to have appropriate practices in place to help prevent employees from contracting COVID-19 at the workplace. Both OSHA and the CDC have provided guidance on how to approach returning to work but we know that putting guidelines into practice can be a challenge. Whether you have already re-opened your facility or if you are working on a plan for your employees to return, you should consider the items on this checklist. If you need help drafting, reviewing or implementing your policies, please contact Neil Brunetz. ☐ Who is going to come into the office and when? ☐ ... Continue Reading
Georgia Supreme Court to Reinstate Filing Deadlines
On May 21, the Georgia Supreme Court will begin issuing orders to reinstate filing deadlines that were previously tolled by Chief Justice Melton’s March 14th Order. If you have a case in front of the Georgia Supreme Court, you will want to read the notice and the forthcoming orders very carefully to ensure compliance. If you have questions or need guidance on your appeal, please contact Elissa Haynes (link to email with GA Supreme Court Deadlines as the subject). ... Continue Reading
SBA and the Department of Treasury Issue New Guidance Regarding Eligibility for Loans Under the Paycheck Protection Program
On April 29, 2020, the SBA and the Department of Treasury (DOT) published the additional guidance regarding the certification of “necessity” a company makes on its application for a loan under the Paycheck Protection Program (PPP) of the Cares Act. On its application, borrowers must certify in good faith that: “Current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”[1] After Congress passed the Paycheck Protection Program and Health Care Enhancement Act, which, among other things, increased PPP funding by $310 billion, and following public backlash in response to certain public companies receiving large PPP loans, the SBA and ... Continue Reading
DON’T TELECOMMUTE WITHOUT A NET: COVID-19 and the importance of a Telecommuting Policy
Even before the COVID-19 crisis, businesses were warming up to the benefits of remote working, or “telecommuting.” Allowing employees to telecommute can benefit the employer and the employee alike. Some of the benefits include: Lower rent and other overhead and operational costs.Broaden the geographic scope of hiring.Better work/life balance.Reduce commuting time and expense.Increase employee loyalty and morale. Many states offer incentives for employers to allow remote working. For example, Georgia employers can claim a state income tax credit of up to $1,200 per employee for eligible telework expenses, including costs for computers, computer related hardware and software, modems, ... Continue Reading