COVID-19 Claims

These are trying times. Closures, social distancing and lay-offs have profoundly affected many businesses, large and small.   Whether the limits on your business were put in place by government restriction, or you have undertaken voluntary measures to slow the progression of the virus, we may be able to help.

In most business insurance policies, there are provisions for “business interruption.” Not all such clauses will apply to the COVID-19 pandemic, but many will.  Many times, the policies are written with confusing, and often, ambiguous language. When times are tough insurance companies will use this language to their advantage and try to limit the claims they must pay.  Therefore, it is important to contact an attorney to help you dissect these policies and protect your rights.

After carefully reviewing how courts have interpreted business loss insurance policy language and the common “direct physical loss” requirement, we are able to look at the exact language in your business’s insurance policy and give proper guidance as to whether filing a claim could be a viable option for you. The policy language, as well as how your company has been directly affected, are important factors in determining whether your insurance policy will provide coverage. Give us a chance to review your business policy and help you reconstruct the nature and extent of your business, financial losses. Contact us today for a free consultation.

Most insurance policies limit the coverage they pretend to provide through what are called “exclusions.” In such provisions, insurers take away some of the coverage the policy seemingly grants. Finding one’s way through these prickly provisions takes time, experience and a bit of imagination.

While many large business firms are entering this arena, some firms, like Monsees & Mayer, deal with the reading and interpretation of insurance policies every day. Our attorneys have been helping individuals and businesses with bad faith insurance issues for decades. Navigating the troubled waters of insurance coverage is one of our daily endeavors.

Ultimately, when dealing with a bad faith insurance claim, someone must sue his or her own insurance company. Here is why you need an attorney with insurance experience:

• Many policies impose conditions for making a claim, and they must be meticulously honored to preserve even a good claim;
• A policy is, generally, broken down between the “insurance clause” and the “exclusions.” They are not always in harmony. Sometimes one can be looked to in establishing ambiguities or confusing provisions in the policy;
• Special statutes may give you the opportunity to recover penalties and attorneys fees should the insurance company deny or limit your claim. Attorneys experienced in making “first party” claims are familiar with these statutes and how to build a case so that you can best take advantage of these statutes

Some of the most prominent news stories have related the suffering caused by cruise ship lines, nursing homes and governments that were slow to react to the crisis, resulting in, to date, thousands of infections and many resulting deaths.  Were all reasonable measures taken?  Your protection is at the very heart of allegations directed at these responsible parties.  There are legal complications—such as actually proving that a defendant’s failure to take precautions caused infection—defendants could be held liable if they negligently exposed people to coronavirus, resulting in personal injury or death.

• Princess Cruise Lines stands accused of “gross negligence” in multiple lawsuits. In one such lawsuit, passengers were confined to a cruise ship that had already identified one previous passenger. Numerous people were infected.  Princess continued to sale, even after knowing of the symptoms of infection.  The lawsuit claims the passengers never would have boarded the ship had they known of the risks before embarkation.  Another lawsuit brought on behalf of a Missouri couple cites the company’s “lackadaisical” approach to ensuring the safety of its passengers aboard a ship quarantined off the coast of California.
• Many cases are arising in nursing homes and extended care facilities. In one such case, a Seattle nursing home has experienced 63 confirmed coronavirus infections and 23 deaths.  Were appropriate steps taken to protect residents from COVID-19?
• Have private land owners and businesses taken proper precautions that may have exposed customers and patrons? Infected patrons may claim buildings or facilities were unclean, overcrowded, or had sick people in it, leading to coronavirus transmission.

Our office remains active and aggressive. During the COVID-19 virus and directives to socially distance, our attorneys and staff at Monsees & Mayer are trying to do our part. But, we continue to stand behind our clients, existing and those to come, to protect legal rights and to use all existing measures to conscientiously represent our clients during these trying times. Contact us today to see how we can help you.