COVID-19: Diagnosing Liability: Recent Episodes

Expert Institute

An open dialogue between industry experts and litigators discussing what negligence looks like in the age of COVID-19, assessing liability across industries, and uncovering insights into the kinds of lawsuits that may be viable.

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A continuation of our previous episode on COVID-19 business interruption insurance coverage. In Part 2, our panelists tackle pending legislation regarding retroactive business interruption coverage during the pandemic, how it will impact future litigation, and the ethical implications of these decisions on future insurance contracts.

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Many businesses that have been unable to operate during the COVID-19 shutdown have sought financial relief from their insurance providers in the form of business interruption coverage. But many insurers are outright rejecting such claims, leading to an uptick in bad faith lawsuits across the country. In Part 1 of our business interruption coverage, we focus on the policy language and exemptions at the center of debates between insurers and policyholders and whether there might be a path for businesses to win these cases. 

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The nursing home and assisted living industry has absorbed the tip of the deadly coronavirus’ spear. Although it has been argued that the comorbidities among advanced-age residents made a high death rate inevitable, many are not convinced nursing home staff have done all they can to protect these vulnerable populations. As nursing homes in many states scramble for immunity protections, we explore how eldercare facilities responded to testing and PPE shortages, the role communication played in the viral spread, and whether ageism may have been at play.