With the spread of COVID-19 in 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, we focus on a general discussion of bad faith claims in Georgia and recommendations for handling of Georgia COVID-19 claims to hopefully avoid a jury awarding bad faith damages to an ... Continue Reading
PREPARING FOR COVID-19 RELATED FIRST PARTY PROPERTY CLAIMS – GEORGIA: EDITION NO. 7
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 edition of this series. Today, we focus on a general discussion of suit limitation clauses, their treatment under Georgia law, and the impact COVID-19 will have on suit limitation clauses Under Georgia law, suit ... Continue Reading
PREPARING FOR COVID-19 RELATED FIRST PARTY PROPERTY CLAIMS – GEORGIA: EDITION 6
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
Preparing for COVID-19 Related First Party Property Claims – Georgia: Edition 5
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
UPDATE: Amicus Brief Filed in the Supreme Court of Georgia on the Constitutionality of Georgia’s Punitive Damages Statute
Elissa Haynes, Chair of the Georgia Defense Lawyers Association's ("GDLA") Amicus Curiae Committee, co-authored an amicus curiae brief filed in the Supreme Court of Georgia on behalf of the GDLA. The brief was filed in response to the Georgia Supreme Court's invitation to the GLDA and Attorney General's Office to express their views on the constitutionality of whether O.C.G.A. § 51-12-5.1, Georgia's punitive damages statute, violates the provision of the Georgia Constitution protecting the right to trial by jury and providing for the separation of powers. Chief Justice Harold D. Melton announced on March 27 that the Supreme Court of Georgia is gearing up to hold oral arguments ... Continue Reading
Preparing for COVID-19 Related First Party Property Claims – Georgia: Edition 4
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
COVID-19 and Georgia Workers’ Compensation
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. 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 ... Continue Reading
COVID-19 and Georgia Workers’ Compensation Webinar
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
Preparing for COVID-19 Related First Party Property Claims – Georgia: Edition 3
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
FFCRA – New DOL Guidance
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