Coronavirus and Impact on Landlords and Tenants
4/1/20
By: Michael Bruyere,Ryan Greenspan and Ali Sabzevari Commercial and residential tenants, whether due to operational closures or loss of jobs or income, will face difficulties meeting their rent obligations, and some may even abandon their properties. Landlords may face both a loss of rents, as well as physical closures or abandonment of properties making sites…
More Restaurant Owners ask Courts to Find that COVID-19 Has Caused “Direct Physical Loss” Triggering Business Interruption Coverage
4/1/20
By: Renata Hoddinott and Isis Miranda Famed chef Thomas Keller’s restaurant groups sued two insurers in Napa County Superior Court last week, seeking a declaration that the policies cover business interruption losses incurred because of a Shelter-at-Home Order. In the lawsuit, two of the Keller group’s Yountville restaurants, The French Laundry, a Michelin three-star winner,…
Coalition of Insurance and Business Groups Propose the COVID-19 Business and Employee Continuity and Recovery Fund
4/1/20
By: Nicole L. Graham and Zachariah E. Moura A broad coalition has urged the federal government to create a recovery fund for businesses hit hard by the COVID-19 pandemic. Representatives of 36 trade groups from real estate, insurance, retail and other sectors issued a joint letter to the Trump Administration and Congress asking for rapid…
The CARES Act and What It Means for State and Local Governments
3/31/20
By: Jacob Daly Much of the focus on the Coronavirus Aid, Relief, and Economic Security (CARES) Act has been on the relief it provides for individuals and both large and small businesses, as well as the funding it provides for public health initiatives. Rightfully so. But the relief it provides for state and local governments…
More States are Following New Jersey’s Lead in Enacting Legislation to Require Insurers to Cover COVID-19 Losses
3/31/20
By: Erin Lamb and Ben Dunlap FMG reported extensively after New Jersey began debating a bill that would force insurers to cover Business Interruption losses arising from COVID-19. The New Jersey bill would require courts to ignore virus and bacteria exclusions, or other policy language that might exclude such losses. Now legislatures in other states…
Telemedicine in a Time of Crisis
3/31/20
By: Shaun Daugherty Social distancing has become a new phrase in our lexicon which has specific meaning and pervasive general understanding within the population. Telemedicine seems like the ideal format for delivery of certain medical services during the emergency period caused by COVID-19. However, pre-emergency regulations, restrictions and requirements for qualification and reimbursement to telehealth…
Practice of Medicine Without a License in Georgia Under COVID-19
3/30/20
By: Shaun Daugherty In the early evening hours of March 23, Georgia’s Governor Kemp signed an executive order addressing the current medical crisis that has developed due to the novel coronavirus, COVID-19. Under this executive order, any “administrative rules that prohibit the practice of medicine, surgery, osteopathic medicine and osteopathic surgery” without a current license…
Navigating Insurance Coverage Questions in the Age of COVID-19
3/30/20
By: Katie Cusack It is no secret that concerns about coronavirus and COVID-19 have impacted tens of thousands of businesses across the world. In many industries, its effects are novel, and many businesses are unsure of what their obligations are at this time and whether their insurance policies will cover any losses stemming from the…
U.S. Department of Education Announces Temporary Halting of Wage Garnishments
3/30/20
By: Jeffrey A. Hord On March 25, 2020, the Department of Education (DOE) announced that it will temporarily halt seizing wages and/or withholding tax refunds from borrowers who have defaulted on their student loans held by the federal government. As part of the Trump Administration’s multifaceted response to the COVID-19 national emergency, the DOE has…
The New CARES Act Allows Pandemic Victims to Borrow from Their 401(k)s and IRAs Without Penalty and Defer Required Minimum Distributions
3/30/20
By: Greg Fayard The federal Coronavirus Aid Relief and Economic Security (CARES) Act signed into law March 27, 2020, includes retirement tax relief for victims of the pandemic—namely victims’ 401(k)s and IRAs. Under section 2202 of the $2 Trillion law (which amends the IRS code), victims under 59 and a half may withdraw up to…
Local Governments Face First Amendment Challenges to Coronavirus Emergency Orders
3/27/20
By: Andy Treese Can the government ban public gatherings, church services, political rallies, or protests during a global pandemic? The question isn’t hypothetical. Federal, state and local officials across the United States are struggling to prepare appropriate emergency orders targeted at slowing the spread of coronavirus. Some jurisdictions have banned gatherings of various sizes altogether,…
Coverage for unclean hands? Plaintiffs Say Manufacturer Misrepresented Sanitizer’s Effect on Coronavirus
3/25/20
By: Renata Hoddinott and Barry Miller On March 23 FMG presented the webinar Navigating Coverage Issues Arising from COVID-19. Presenters Marc Shrake, Erin Lamb, and Barry Miller discussed four lawsuits that already have been filed alleging claims related to coronavirus. A few additional cases bear mentioning, and there will be many more to come. In…