Articles & Blogs

Underwriters at Lloyd's of London Found Not Liable in Million-Dollar Insurance Coverage Action

The Immunity Exception: Understanding What is Egregious Enough to Rise to the Level of Intentional Wrong

New Jersey

District of Columbia Court Rules as Other States Have: COVID-19 is Not a Covered Business Interruption Loss

Employers May Face Liability on Outstanding Medical Bills Even After a Compromise and Release Agreement

Pennsylvania

Businesses Would Like to Know: Will There Be a COVID- 19 Exception?

The Mask Question is Not a Question Anymore for Pennsylvania Businesses

Various Effects of Coronavirus on Florida Workers’ Compensation Matters

Coronavirus is affecting workers' compensation in a variety of ways.

Insurers Prevail in Alleged Business Interruption Coverage Matters, Perhaps Paving the Way for Future Rulings

Chartwell Law Partner Andrew Klaber Interviewed for The NEWS

Paycheck Protection Program and Business Interruption Legislation Expected to Have Large-Scale Consequences on the Insurance Industry

Attorney Fees in Pennsylvania Workers’ Compensation Cases Now Allowed

New York Insurance Regulation 64 Aims at Prompt and Fair Settlement of Claims Arising From a Riot or Civil Commotion

Regulation 64 sets forth the standards for insurers to settle claims promptly and fairly.

Rulings on Constitutional Challenges to COVID-19 Restrictions May Ultimately Impact Business Interruption Coverage Claims

Business closure and stay-at-home orders have faced legal challenges based on putative Constitutional claims across several states.

Pending PA Senate Bill 1127 Takes a New Approach to Business Interruption Coverage Claims But Provides a Basis for Insurers to Deny Coverage

Pennsylvania

As Lawsuits Ensue, Refunding Tuition May Be In Universities’ Best Interest

Boilerplate RORs Are Insufficient to Disclaim Coverage

An insurer’s reservation of rights letter must provide the insured both timely and specific notice of the basis for the reservation of rights.

COVID-19 Workers’ Compensation Presumptions

As states rapidly enact COVID-19 workers’ compensation presumptions some businesses are considering legal challenges to these new laws, others have already started and are winning.

Proposed Presumptive Workers’ Compensation Legislation Would Eliminate Burden of Proof on Essential Workers for COVID-19 Claims

The bill also provides that an essential employee's absence from work due to the virus cannot be considered "on-duty time."

UPDATE: King’s Bench Power – Authority Sought For COVID-19 Insurance Claims

Illinois Decision Rejects COVID-19 Workers’ Compensation Presumption

Challenge to COVID-19 workers' compensation presumption results in repeal of rule.

Legal Considerations for Small Businesses During and After the Covid-19 Crisis

Chartwell Law partner, Andrew Klaber, has assembled a high-level summary of issues that may exist or arise due to the Covid-19 pandemic.

UPDATE: New Hearing Procedures Before the Maryland Workers’ Compensation Commission

Effective April 23, 2020, the commission will allow the parties to request a video remote hearing.

COVID-19 and the Exclusivity Provisions of Workers' Compensation

New efforts are being taken by some to circumvent the exclusivity provisions of many states’ workers’ compensation laws.

New Jersey Appellate Court’s Icy Reaction to the “On-Going Storm” Defense Could Precipitate a Flurry of Lawsuits

Now is the time for commercial property owners to reevaluate their contracts for snow and ice removal.

Pennsylvania Senate Proposes Legislation That Would Leave Insurers Little to No Basis to Deny Coverage

Senate Bill 1114, the “COVID-19 Insurance Relief Act,” was introduced to the Banking and Insurance Committee on April 15, 2020.

Multidistrict Request Could Bring Flood of Federal Insurance Coverage Cases to Eastern District of PA

Preposterous Presumptions: COVID-19 Workers’ Comp Presumption Laws Trivialize Science, Accomplish Little for Workers, and Unnecessarily Burden Employers

COVID-19 – Pennsylvania Decision May Have Harsh Unintended Consequences for Insurance Industry

The PA Supreme Court has ruled COVID-19 qualifies as a natural disaster.

COVID-19 – Now Congress Chimes In

New proposed federal legislation, H.R. Bill 6494

COVID-19 – More Coverage Questions Than Answers?

Businesses’ concerns pivot from minimizing disruption to outright survival as they face the new reality of being unable to meet financial obligations.

Calculating Your University Refund After the COVID-19 Campus Shutdown

Universities have begun voluntarily offering a refund, rebate, or credit relative to student payments made for the spring semester of 2020, is it enough?

TOP 10 COVID-19 TIPS AND QUESTIONS FOR EMPLOYERS

The novel coronavirus (COVID-19) has impacted almost every facet of life and business.

Proposed Pennsylvania Bill Would Require Coverage For Business Interruption Losses From COVID-19--Is it Constitutional? Does it Create More Issues Than it Solves?

Pennsylvania has joined five other states in introducing legislation to force insurers to pay for COVID-19-related business interruption losses.

Guidance for Small Businesses on the CARES Act

Coronavirus Aid, Relief and Economic Security (CARES) created programs to assist certain businesses with COVID-19

The Impact Of COVID-19 On Workers’ Compensation Issues Involving Modified Duty And Alleged COVID-19 Claims

To our clients, partners, and friends . . .

Force Majeure and Business Contracts

At a high-level, a force majeure clause is a provision in a contract which may excuse a party from performing their obligations under a contract.

The Impact of Past Court Decisions Could Have on Insurance Coverage for Business Interruption Caused by the Coronavirus

Insurers must be proactive in reviewing policies to identify the potential exposure arising out of the COVID-19 outbreak

Experts Retained in Anticipation of Litigation Can Be Discoverable

Event Cancellations Caused by COVID-19 - Is the Force Majeure With you?

No March Madness? Postponement of the Olympics, NHL and NBA seasons? This would have been inconceivable three months ago but is the reality of today.

Important Update: New Jersey Workers’ Comp Courts to Open Telephonically

We will continue to keep you updated as more details of how the hearings will be conducted become available and we will continue our efforts at moving cases forward

Commercial General Liability Insurance Policies and Their Application to COVID-19 Bodily Injury Claims

To add insult to injury, a wave of litigation involving COVID-19 is undoubtedly expected

How Will COVID-19 Affect Massachusetts Workers' Compensation?

Who is eligible to receive workers' comp benefits in MA?

Assessing the New York Workers’ Compensation COVID-19 “Coronavirus” Claim

New York’s unfortunate emergence as the epicenter of the COVID-19 pandemic in the United States has raised an abundance of questions

UPDATE: Pennsylvania Workers' Compensation

Notes from a conference call with Joseph DeRita, Director of Workers' Compensation Office of Adjudication for the Pennsylvania Department of Labor and Industry.

Dormitory Parents are Getting Refunds, so What About my Children's Off-Campus Lease?

With colleges and universities making the decision to move to online learning in the midst of the Covid-19 Pandemic, families are left with a myriad of questions

New Procedures for Handling Pennsylvania Workers’ Compensation Hearings in Light of COVID-19

Pennsylvania’s Workers’ Compensation system continues to struggle with how to move matters along, considering that the ongoing COVID-19 crisis has rendered live hearings impossible

COVID-19 in the Workplace, a Maryland Perspective

A claimant alleging work-related COVID-19 would need to prove that there was an exposure at work that caused COVID-19 for an accidental injury.

New York: Workers’ Compensation Claims While Employees are Working From Home

Although recently expanded in response to COVID-19, work-from-home positions are not a unique concept

In the Face of the COVID-19 Pandemic's Impact on Business and Policyholders, the New York Department of Financial Services Sets Forth New Directives for Insurers

The World Health Organization’s (“WHO”) formal declaration that the spread of the novel coronavirus COVID-19 is now a pandemic.

How to Handle Issues for Workers in Florida on Modified Duty During the COVID-19 Crisis

Florida is one of the states with the highest count of COVID-19 cases, and the rate is increasing daily.