Tagged: COVID-19

Economic Loss Recovery/Minimization with State and Federal Programs

As it has successfully done for its clients in prior emergencies (e.g., Superstorm Sandy), a Gibbons interdisciplinary team will work with you to coordinate securing available assistance from state and federal sources. In doing so, Gibbons will also review with you any relevant insurance policies for coverage of any expenses or business income losses that may be sustained/incurred as a result of the COVID-19 national emergency. The Gibbons interdisciplinary team will advise you on the full range of state and federal programs being authorized by law, established, or expanded to assist businesses with losses related to the coronavirus (COVID-19) crisis. Working with clients’ senior management teams, Gibbons will provide strategic advice on the internal measures to be initiated immediately in order to qualify and begin preparing applications for financial assistance from government agencies, including: U.S. Small Business Administration (SBA) The federal government’s $8.3 billion Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020 includes certain provisions that allow the SBA to administer loans connected with this crisis. In addition, the SBA is authorized to offer an additional $50 billion in low-interest loans to address losses caused by the pandemic and the response thereto. A maximum of $2 million can be awarded for economic support to small businesses facing a temporary loss of revenue as a...

Insurance Coverage in the Age of COVID-19

As the coronavirus continues to dominate the news cycle, the actual (and anticipated) impact on business operations and business continuity has hijacked the attention of owners, managers, and C-suite executives at all levels and in all industries. Among the myriad issues to be resolved, one obvious question is the extent to which insurance coverage is available for business losses arising from this public health crisis, including reduction of business income, incurring of extra expenses, disruption of supply chains, event cancellations, and potential liability from stakeholder lawsuits. Some companies may have purchased specialized forms of insurance policies that are designed to provide specific coverage for losses suffered as a result of public health crises. However, the vast majority of companies will need to look to their traditional insurance policies – like property and directors and officers coverage – in order to obtain available insurance, if any, for these business related losses. As an initial matter, coverage for actual loss of business income and extra expense is typically part of a company’s property insurance policy and not separate, standalone coverage. Therefore, coverage for business income and related losses depends on demonstrating that these losses resulted from “physical loss” or “damage” to covered property. Coverage may also be available if civil authorities prohibit access to the Insured’s premises...