COVID-19

The COVID-19 team defends businesses and insurers facing lawsuits from COVID related exposures. On March 29, 2021, Governor Ron DeSantis signed S.B. 72 into law, which enacts Sections 768.38 and 768.381, Florida Statutes. Section 768.38 provides liability protections for claims against individuals, businesses, and other entities, and section 768.381 provides liability protections for claims against health care providers. Read our Law Alert: Florida Enacts New Law to Limit Civil Liability for COVID-19 Cases.

The COVID related claims may include failures to safeguard premises and work zones, professional negligence, errors and omissions, agents, business interruption, business operations, injuries, coverage and workers’ compensation claims arising from COVID-19. Our team is able to assist and provide claims handling guidance and services in each specialty area:

Coverage and Business Interruption

Coverage isn’t always black and white. Historical case law has shown us that sometimes necessity is the mother of creative judicial interpretations of coverage. The COVID coverage team focuses on developing case law surrounding the ISO form CP Exclusion for Loss Due to Virus, exclusion for loss to business income and business interruption, as well as Direct Physical Loss evaluations on manuscript policies. Led by Boca Raton Senior Partner Jack T. Frost, Esq., our team is equipped to provide any level of service, from a coverage analysis, a reservation of rights letter, claim handling guidance or filing an appropriate judicial action or response to the Department of Insurance. For assistance, contact attorneys, Laurette Balinsky, Lauren Wages and Jack Frost.

COVID Labor and Employment Claims

A variety of new claims are emerging as a result of shutdown orders and mass layoffs. Our team can guide you through claims that involve allegations of retaliatory or unlawful discharge both under existing Federal law and COVID related bills, such as the Families First Coronavirus Response Act. For assistance, contact attorney Valerie Edwards.

Agents and Professional Liability COVID Claims

The team has extensive experience defending a diverse group of business professionals and health care providers in suits alleging errors and omissions, malpractice and professional negligence who are facing liability and potential licensing risks. Led by Miami Partner Stuart Cohen, Esq., the team has represented Insurer’s and Insurance agents and professionals for business interruption claims and matters involving business operating policies (“BOP”). The team can also assist Insurance agents, brokers, and underwriters with allegations of failure to warn customers that policies did not include Pandemic or “Government Shutdown” coverage and E&O claims alleging adequate coverage for policyholders was not obtained. The team can provide agents with guidance in safeguarding the professional, documenting files, and advising their E&O insurers. For assistance, contact attorneys Stuart Cohen and Valerie Edwards.

Health Care | Long Term Care Facilities COVID Exposures

The team can advise on the legal implications of outbreaks in Long Term Care Facilities and exposures arising from standard of care violations. Our team can also assist on best practices to reduce exposure to these claims. For assistance, contact attorneys Michael Schwartz and John Bringardner.

COVID related Construction Delay and Force Majeure Defenses

The construction delay team will analyze and provide counsel and defense on these claims asserting Force Majeure and other defenses available to our clients. The team also provides a detailed forensic capability on these claims to dispute loss of revenues or profits in a COVID era. For assistance, contact attorney Valerie Edwards.

Workers’ Compensation COVID Compensability Issues

The team is focusing on two emerging issues in this area; first, preparation for the return to work for millions that have been working remotely; and second, the emergence of compensable claims that seek compensation for alleged workplace exposures. Our team specializes in handling F.S. 440.151 occupational diseases and is led by Miami Partner Reinaldo Alvarez, Esq. Though some workers may be eligible for workers’ compensation, most will not. Nonetheless, many affected employees will try to relate the exposure to work and trigger compensability. We will help determine which employees are eligible and which are not and if needed, litigate the case to trial. We can help Employer/Carriers navigate the return to work and claim issues they face. For assistance, please contact Workers' Compensation Partner Reinaldo (Rey) Alvarez.

Daubert COVID Strategies for Causation and Forensics

Liability, Causation and Damages claims relating to COVID exposures and shudder orders will require a sophisticated strategy to relate and verify such claims. As for causation, the incubation period for COVID-19 is believed to be in the 5-7 day average range, known as the pre-symptomatic period. This is the time infected persons can be contagious. Additionally, there can by asymptomatic transmissions of the virus by infected persons that exhibit no outward signs of infection. As such, causally connecting a transmission to any particular activity will be the challenge and key strategies defending these claims. As for shudder order damages, our forensic accounting team is adept at analyzing the pre- and post-COVID interruptions. For assistance, Contact Daniel Santaniello.

To learn more, click here to see our people who specialize in this practice area.