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Insurance In The Face Of COVID-19

While the world steps through the global pandemic, we know our clients are facing the same questions, concerns, and decisions that we are grappling with. The collective safety of our employees, families, clients, and your business interests weigh heavily on everyone’s mind. Disaster planning can only take you so far when experiencing anything of this magnitude.


How does insurance play into the events unfolding? Insurance policies address coverage in general terms. The specific circumstances around each loss or situation will determine whether or not coverage applies. However, in general terms, we’d like to share an overview of the potential claims issues in various lines of coverage and how those policies might respond.

FAQ Files: Contracts and Workers' Compensation

In most civil cases, courts are careful to ensure that plaintiffs cannot benefit from a double recovery.  That is to say, plaintiffs do not get to recover for the same injury twice.  The purpose of a negligence lawsuit is to restore a person to the state they were in prior to suffering their injuries by compensating them for those injuries.  This is one reason why insurance companies retain rights of subrogation.

Intentional Injuries And Workers' Compensation- Keep Safety A Priority

Workers compensation is often defined as an exclusive remedy for employees injured on the job.  Like with all laws however, there are exceptions.  Intentional injuries have long existed as one of those exceptions to the exclusive remedy rule for workers’ compensation.  Now, a recent ruling by the Supreme Court of Oklahoma has the potential to substantially expand that exception, leaving certain safety-indifferent employers facing greater exposure to lawsuits when an employee is injured.

When Employees Are Consumers Of Your Product: Dual Capacity Risks and Workers Comp

Workers compensation is supposed to protect employers from lawsuits brought by their employees.  In exchange for a system of a no fault liability for on the job injuries, employers secure freedom from negligence lawsuits brought by employees that might yield much higher payouts.  This protection, however, is not absolute.   Like with any rule, there are exceptions.

Language And Meaning In Your Policy Can Effect Workers' Compensation Coverage

Under a commercial insurance policy, there are several types of insured. Understanding the difference between these types of insureds can be crucial to understanding coverage. 

Business Insurance Concerns: Action Over Cases

Action over cases have become increasingly common over the past two decades. These cases involve employees collecting worker’s compensation from their employer, and then suing a third party that caused their injuries through negligence who had a contractual indemnity clause with the employer that covers the lawsuit.   The prevalence of these suits have led insurance companies to take action by issuing new endorsements aimed at protecting themselves.

Read This If Your Employees Drive On The Job

Lawsuits are expensive... and they only ever get more costly as time goes on. To reduce delays, state governments have searched for ways to fairly apportion damages for certain types of accidents without having injured parties resort to filing lawsuits for some time. Workers' Compensation is one example of a system that states have used to avoid and prevent lawsuits in the specific field of workplace injuries by eliminating any requirement for fault or negligence.

Why Is There Employer's Liability Within A Workers' Compensation Policy?

 

Workers compensation systems exist to take workplace injuries out of the courtroom and resolve those claims in a more cost effective way without worrying about fault.  Many employers purchase their workers compensation policies simply as a matter of necessity.  But these policies cover more than just the statutory workers compensation scheme.

Duties Your Business May Owe To The Employees Of Customers And Vendors

What duties does your business owe to the employee of a customer or vendor? This may not be a question many companies have considered. They have contractual relationships with their customers and vendors that spell out the duties each owes to the other.  Furthermore, that contract may require that each party obtain workers compensation insurance specifically to recompense any employee injured on the job.

Municipalities Sue Big Pharma For Opioid Crisis Damages

 

The opioid epidemic, besides its unfathomable human costs, has had large economic costs for businesses and governments who must manage workers compensation costs. Opioid prescriptions in the wake of workplace injuries have been linked to higher workers compensation payouts and longer layoffs before injured employees return to work. Facing the bill for these costs, government, citizens, and private entities have filed a veritable avalanche of lawsuits against pharmaceutical companies for their manufacture and marketing of opioid based painkillers.