A Guide to Insurance Protections as Businesses Reopen


CLE credits earned: 1 General Credit (WA 1 Law and Legal)

The novel coronavirus has substantially disrupted American life, forcing widespread temporary closures of businesses and non-profits. Around the country, though, restrictions are lifting, and many entities are reopening or sharpening their plans to reopen. In retail, manufacturing, hospitality, education, professional services, and virtually every other sector, managers are contemplating new liability risks posed by the pandemic and pondering the same sorts of questions: What if visitors to our business, such as vendors or customers, contract the virus and allege that they were exposed while on our premises? What if our workers contract COVID-19 when they return to the office, the factory floor, or the classroom? And what if disputes emerge between us and our employees over such issues as leave, promotions, hours, and the like during this unsettling pandemic?

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

• This CLE discusses three types of liability insurance that many businesses and non-profits already have, and how they can help mitigate these new COVID-19-era risks.
• The presentation will cover General Liability (“GL”) insurance, which protects the insured against claims of bodily injury by third parties. We will discuss the basic coverage grant of the GL policy, and address its application to COVID-19-related injury claims. We will also examine and respond to certain common policy exclusions that insurers may try to invoke if faced with a claim of liability for COVID-19.
• The presentation will also discuss Workers Compensation and Employers Liability (“WC/EL”) insurance, which can help manage the risk of claims by employees who allege they contracted COVID-19 in the workplace. The presentation will address some of the uncertainties surrounding workers compensation for COVID-19 claims as well as certain legislative developments on this front.
• Finally, the presentation will discuss Employment Practices Liability (“EPL”) insurance, which protects an employer for claims of “workplace torts” such as discrimination, wrongful termination, wrongful failure to promote, retaliation, or the like. As the novel coronavirus pandemic increases tensions around employment, claims of this type are expected to proliferate, and EPL insurance can help mitigate the risk to employers from such claims.

Date / Time: October 1, 2020

•   2:00 pm – 3:00 pm Eastern
•   1:00 pm – 2:00 pm Central
•   12:00 pm – 1:00 pm Mountain
•   11:00 am – 12:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 24 hours after the original recording date and are view-able for up to one year.
Closed-captioning available upon request

Select your state to see if this class is approved for CLE credit.

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Original Broadcast Date: October 1, 2020

Seth A. Tucker | Partner, Covington & Burling LLP

Seth Tucker practices in the fields of litigation and insurance coverage. He litigates in state and federal courts around the country, advises clients in connection with purchasing new insurance policies, and assists clients in pursuing coverage claims outside of litigation. He has also served as an arbitrator. He has represented a diverse client base, including domestic and foreign corporations, religious institutions, educational institutions, non-profits, and individuals, and has litigated or advised clients concerning a wide array of insurance products, including general liability policies, umbrella and excess policies, directors and officers policies, cyber policies, errors and omissions policies, pollution policies, first-party property/business interruption policies, and employee fidelity policies, among others. He is a frequent writer and speaker on insurance.
Deanna M. Wilcox | Special Counsel, Covington & Burling LLP

Deanna Wilcox is a special counsel in the insurance practice group. Ms. Wilcox has extensive experience in advising business policyholders on insurance coverage matters and in pursuing claims for coverage under liability, first-party property and business interruption and other types of policies.

Jad H. Khazem | Associate, Covington & Burling LLP

Jad Khazem is a litigator who focuses on representing corporate policyholders in a wide range of industries in complex commercial coverage disputes. Mr. Khazem has helped policyholders recover approximately $500 million to date. Prior to joining the firm, Mr. Khazem clerked for Judge Henry F. Floyd on the U.S. Court of Appeals for the Fourth Circuit.

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