News

With the spread of COVID-19 to the U.S., many insurers are preparing for possible COVID-19 related first party property claims by reviewing what coverages and exclusions might be applicable to such claims.  While any claim is dependent on the specific terms of the policy issued to each insured, insurance companies should consider certain coverages and exclusions as a checklist. Partners Karen Karabinos and Eric Mull will address a coverage provision or exclusion each day.  Today’s focus is on force majeure. As we navigate through these uncertain times, with COVID-19 continuing to force event cancellations and business closures, many insureds are looking to the “Act of God” ... Continue Reading

With the spread of COVID-19 to the U.S., many insurers are preparing for possible COVID-19 related first party property claims by reviewing what coverages and exclusions might be applicable to such claims.  While any claim is dependent on the specific terms of the policy issued to each insured, insurance companies should consider certain coverages and exclusions as a checklist. Partners Karen Karabinos and Eric Mull will address a coverage provision or exclusion each day.  Today’s focus is on the Virus and Bacteria Exclusion. Property insurance policies contain exclusions precluding coverage under certain circumstances. One exclusion potentially relevant to COVID-19 claims is ... Continue Reading

Partners Karen Karabinos and Eric Mull continue their analysis of coverage provisions and exclusions that may be involved in COVID-19 related first party property claims.  Today’s focus is on coverage for extra expenses. COVERAGE PROVISION – EXTRA EXPENSES Commercial property insurance policies generally cover extra expenses incurred by the insured in connection with a covered loss. Extra expenses typically are associated with coverage for business interruption. But what are covered extra expenses? While it depends on the terms of each policy, two types of extra expense coverage are usually found. One provision provides coverage for costs the insured incurs to reduce or avoid a ... Continue Reading

Attorney Dan Kniffen recorded a webinar to assist clients through how COVID-19 is affecting Georgia Workers' Compensation. Dan covers how Workers' Compensation treats "injuries" different than "diseases" and explains how occupational "diseases" require five distinct elements of proof. "Neither the Workers' Compensation system nor any of the other laws that might come into play here, the FMLA, ADA, many other federal laws, none of them were ever drafted with something like a pandemic in mind." During these extraordinary times that we are living in, we are keeping our clients up-to-date with legal updates. Watch the Webinar ... Continue Reading

With the spread of COVID-19 to the U.S., many insurers are preparing for possible COVID-19 related first party property claims by reviewing what coverages and exclusions might be applicable to such claims.  While any claim is dependent on the specific terms of the policy issued to each insured, insurance companies should consider certain coverages and exclusions as a checklist. Partners Karen Karabinos and Eric Mull will address a coverage provision or exclusion each day.  Today’s focus is on Ingress/Egress Coverage. Coverage Provision – Ingress/Egress In response to the COVID-19 shelter-in-place orders issued by the state, city or county authorities, insureds may seek to recover a ... Continue Reading

Effective April 1, 2020, the Families First Coronavirus Response Act (FFCRA) will require private employers to provide emergency paid sick leave (EPSL) and expanded Family and Medical Leave Act (FMLA) coverage to their employees.  On March 26, 2020, the United States Department of Labor issued wide-reaching new guidance to assist employers seeking to comply with the FFCRA. View Here Highlights of the new guidance include: Probably No EPSL During Shelter-in-Place and Business Closure Orders Since the enactment of the FFCRA many employers have questioned whether a “shelter-in-place” or other similar order entitles an employee to receive EPSL if their workplace is required ... Continue Reading

Partner Barbara Marschalk was featured in the Daily Report about how she is staying sane during this time of isolation. Some local attorneys have created a Peloton "Bike Club." Marshalk's alias is GamecockBAM. This Peloton handle brings out Marschalk's love for her alma mater, University of South Carolina. It can bring you to a common ground. Even if we are arguing about some legal issue, at the end of the day we can get on the bike together and push each other to go harder and further. Barbara Marschalk is not only a part of this local lawyer's ride group, but also Peloton Law Mom group. Marschalk encourages others to join one or both groups to ride with them each day. These groups ... Continue Reading

On March 20, 2020, the Department of Homeland Security announced that, in light of the precautions being implemented by employers due to COVID-19, it will exercise discretion in enforcing the physical presence requirements associated with Form I-9.  DHS announced that it will not require employers with employees taking physical proximity precautions due to COVID-19 to review the employee’s original identity and employment authorization documents in the employee’s physical presence. Employers must still inspect the Section 2 documents, but may do so remotely (for example, over video link, fax, email, etc.). Employers must obtain, inspect, and retain copies of the documents within ... Continue Reading