Legal Alerts

A second court has now found that a typical property insurance policy does not provide business interruption coverage for COVID-19 losses.

The Main Street Lending Program (“MSLP”) is the second COVID-19 loan program being offered to small- to medium-sized businesses that were in sound financial condition prior to the onset of the pandemic, but were either unable to take advantage of the SBA’s Paycheck Protection Program (“PPP”) or are in need of additional funding after already receiving a PPP loan.  There is one critical difference between the MSLP and PPP however; the MSLP loan is not forgivable and must be repaid.

Attorney V. Christopher Potenza was featured on the cover of the August 2020 edition of CLM Magazine providing insight on how the pandemic will impact the make-up and mindset of potential jurors.

As of August 3, 2020, Governor Andrew Cuomo has signed into legislation (S7082/A9036) extending the “look-back” period of the Child Victims Act, which was set to expire on August 14, 2020, to August 14, 2021.

Hurwitz & Fine’s Coverage Team has compiled a survey of known COVID-19 business interruption complaints filed to date.

According to the newspaper, Business First editors and reporters used their opinions and observations to rank 150 of the area's most influential women--explanding its previous list of 125. Business First describes this list as "a group whose talent and influence fuel economic, social and cultural growth."

The Women's Bar Association is the second largest Bar Association in the State of New York and a well-respected voice in Albany. 

The question “Who's on First” is a good one in determining who is responsible to an injured party in New York City and other areas of the state where liability for sidewalk accidents is placed by statute on the owner of an abutting property.

Hurwitz & Fine Commercial Real Estate, Development and Finance Attorney Evan Y. Bussiere was quoted in the July 14, 2020 Buffalo News article, "BUDC prepares Northland site for more redevelopment."

Well written risk transfer clauses are essential in the defense of a construction site accident and may mean the difference between the continuation or failure of an owner’s or general contractor’s family business.

New York Governor Cuomo recently issued Executive Order 205, which requires certain individuals to quarantine for 14 days upon arriving in New York if they are traveling from states with significant community spread of COVID-19

This alert summarizes some of the key differences between the office-based guidance issued on May 28 and the updated guidance on June 26.  Businesses should check the date at the top of the guidance to determine when it was last updated for their industry.

Attorney Katherine L. Wood was featured as a guest contributor to Step Out Buffalo Business's Business Blog on July 8, 2020.

Hurwitz & Fine's Insurance Coverage team was quoted in Claims Journal and Insurance Journal on July 7, 2020 for its analysis of the first COVID-19 decision last week by a trial court judge in Lansing, Michigan.

Attorney Lee S. Siegel was quoted in the Best's Insurance News & Analysis July 6, 2020 article.

The Hurwitz & Fine Coverage Team prepared a consolidated resource document comprised of legislative summaries for all proposed state and federal legislation to date concerning COVID-19 business interruption coverage.

The first substantive COVID-19 business interruption decision nationwide is a big win for insurance carriers. A Michigan state court holds that “direct physical loss of or damage to property” requires more than mere loss of use/access, and, as a bonus, that the virus exclusion unambiguously excludes coverage for the viral pandemic.

The leader who recognizes the importance of conflict resolution is a leader who understands the value of building strength from within, but to do so, one needs to be aware and mindful of the conflict and the need to resolve it.

Now more than ever, we urge our business friends and clients to take this time to reflect on how commercial activities were conducted before the pandemic in the hope of changing the way you effectively conduct business going forward, with the purpose of mitigating or at least reducing your legal risk of exposure.

In Part 2 of this series, we will focus on the new EEOC guidance related to age, sex, and pregnancy discrimination issues that may arise as the result of the pandemic.