Insurance Considerations Amid COVID-19

On this episode, we discuss policy deadlines for COVID-19 property/business interruption claims that may lapse one year after the start of loss under some polices. Also, we are joined by our colleague, Alexander Canizares, who represents government contractors and other companies in litigation, investigations, and regulatory matters involving federal departments and agencies. We ask him about federal investigations and enforcement involving the Paycheck Protection Program (PPP) based on a recent civil settlement. As a former trial attorney with the U.S. Department of Justice’s (DOJ) Civil Division, Alex provides important insight into the expected avalanche of such PPP-related actions, including tips for businesses facing these claims. At the same time, we provide thoughts on how D&O coverage should respond to PPP claims.

On this episode, we are joined by Deborah White, president of the Retail Litigation Center (RLC) and senior executive vice president and general counsel of the Retail Industry Leaders Association (RILA). Deborah provides insight and analysis regarding the retail industry’s varied and innovative response to the pandemic, including how large retailers deal with the patchwork of evolving state and local regulations and how they are innovating at breakneck speed to meet consumer demand while maintaining safety for employees, suppliers, and customers. Not surprisingly, we also talk about masks, how we all got our start in retail, and a little ... insurance.

On this episode, we are joined by Perkins Coie Partner David Neff, among the most experienced hotel bankruptcy and restructuring lawyers in the country. We discuss the ways COVID-19 causes financial distress to businesses, the parties involved, and why it may take some time before companies become distressed. We also will address new rules that streamline the bankruptcy process for smaller businesses to help them survive, and insurance coverage issues arising in these distressed situations.

Perkins Coie’s Insurance Recovery Partners Jim Davis and Norton Cutler interview special guest Doctor and Professor John Richard Corboy, M.D., who provides an overview of the scientific understanding of COVID-19, the ways it impacts human health, how it is transmitted, whether it causes property damage, if it is a microorganism, why we needed government orders to protect people and property, the long road of testing ahead, and, of course, insurance implications.

Perkins Coie’s Insurance Recovery Attorneys Jim Davis and Brad Dlatt interview special guest Perkins Coie Labor Partner Heather Sager, who is counseling companies operating during the Covid-19 pandemic. Topics include how businesses find out if they are allowed to re-open, what employers need to know about having employees return to work, the use of health screenings, privacy issues arising from new procedures, the implication for insurance, and a brief legislative update.

Jim Davis and Brad Dlatt interview special guest Brad Murlick, Managing Director in BDO USA’s Forensic Insurance and Recovery Practice, who is at the front lines of preparing COVID-19 business interruption insurance claims. Topics include what is happening on the ground, the use of the pollution exclusion to deny coverage for losses caused by COVID-19, real world claim preparation and management issues, and an update on pending legislation that may impact available insurance coverage.

On the second episode of our Covid-19 Insurance Podcast, Perkins Coie’s Insurance Recovery Partners Selena Linde and Vivek Chopra interview special guest Henry Daar, the Executive Vice President and Practice Leader for North American Property Claims at Willis Tower Watson. The speakers discuss Business Interruption and Civil Authority Claims for Covid-19 and specifically address tips for providing notice, the amount and types of claims policyholders are filing, intial reactions and requests for information from the insurance industry, similar historical events and the barrage of expected insurance litigation coming our way.

Jim Davis and Brad Dlatt along with special guest expert Ruth Kochenderfer of Marsh USA talk about the COVID-19 crisis, staying at home, the types of insurance impacted by the crisis, early lawsuits, tips for policyholders to preserve claims, the current trends in the insurance marketplace including renewals that just happened, and legislation in the works that might force insurers to provide business interruption coverage.