Legal Alerts

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. 

With many regions now in Phase 3 of New York’s reopening plan, employers should be aware of potential claims they may not immediately view as COVID-19 related.

Erie County Clerk Michael P. Kearns has issued a directive opening the Erie County Clerk’s Office to title companies ONLY starting this coming Monday, June 15, 2020.

With the New York lawmakers returning to work, the NYS Legislature has been working to address a number of timely issues, including the (until recently) quickly dwindling CVA lookback window and a multi-bill package intended to reform New York's various law enforcement agencies. 

New York State Workers' Compensation Board (WCB) recently published a fact sheet—entitled COVID-19 & Workers’ Compensation Q&A—which suggests that many COVID-19 claims are likely to be approved.  The key take-aways from the fact sheet and best practices for employers are summarized in this alert.

As of June 4, 2020, outdoor and patio dining have re-opened in WNY as part of Phase 2 of the State’s re-opening plan. How should employers go about re-opening their outdoor dining spaces, and what should they know about the NYS Department of Labor Interim Guidance on outdoor dining? 

The rules for how an IRA account balance is treated upon the death of the account owner have changed significantly, and those changes could impact many families.

More than 350 Business Interruption lawsuits have been filed by policy holders against insurers in response to the pandemic. Attorneys Lee S. Siegel and Ryan P. Maxwell talked to Buffalo Business First in the June 5, 2020 edition on what could happen next.

Hurwitz & Fine Insurance Coverage Attorneys Dan D. Kohane, Steven E. Peiper, Agnieszka E. Wilewicz and Charles J. Englert III were featured in the American Bar Association's Tort Trial and Insurance Practice Section Spring 2020 newsletter for their excess insurance case summaries.

The Paycheck Protection Program Flexibility Act of 2020 was signed into law on June 5th, making the program's lending terms more favorable to small businesses.

This alert summarizes some of the key issues that businesses must consider as they make plans to reopen, including putting together a workplace safety plan.

Private business and store owners/operators now can use the “no mask-no entry” rule to deny individuals entry into their businesses if they have no mask on or refuse to wear a mask or other face-covering.

The Wage and Hour Division of the United States Department of Labor has issued a non-COVID-19-related final rule that service and retail industry employers should not overlook.

Hurwitz & Fine announces attorney promotions of Marc A. Schulz and Amber E. Storr.

Lani J. Brandon has joined Hurwitz & Fine as an associate in the firm’s Litigation Department, where she handles matters involving automobile liability and premises liability. 

On May 19, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it is increasing in-person inspections at all types of workplaces, and it will now enforce the recordkeeping requirements for employee coronavirus illnesses for all employers.