The current pandemic has raised many questions about public health and safety and will continue to be a topic of discussion and ongoing examination. As cases multiply, there will be other crucial areas for consideration. For instance, what are the larger claim implications for property & casualty insurers? To what extent will insurers cover businesses' losses and liabilities?
The primary concern of every business is the safety and well-being of its workers. Once that has been adequately addressed, then the "health and welfare" of the business itself must be evaluated, along with the various protections provided by policies. In a new article titled, "Insurance Coverage for Swine Flu Claims," three attorneys from Anderson Kill's insurance recovery group provide an overview of issues stemming from potential claims on business interruption, D&O, and worker's compensation policies.
Authors Diana Shafter Gliedman, Marshall Gilinsky, and Rhonda D. Orin discuss the availability and application of commercial general liability (CGL) coverage and whether afflicted workers are generally covered under state workers' compensation laws. According to the authors, workers' compensation coverage can depend on the distinction between an occupational and an infectious disease. They'll discuss when a flu outbreak constitutes an "occupational disease," and cite similar cases, including a California outbreak of keratoconjunctivitis -- a contagious eye disorder -- among employees at a steel company.
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