News & Insights
Recent Posts
Covid-19: Assessing the Legal Risk of Infectious Diseases
WSHB Employer Alert: FFCRA and DOL Regulations 4.2.20
Employment Practices Consultation & COVID-19
It’s a No-Win Situation: The Perils Facing Hospitals Due to the Coronavirus
COVID-19 Employer Alert: Summary of the CARES Act
COVID-19: New York Malpractice Law Alert
COVID-19 Employer Alert: Enactment of Families First Coronavirus Response Act (FFCRA)
WSHB Partner Robert Hellner Shares Mediation Tactics at CLM’s 2020 Annual Conference
Risk Transfer and Contractual Indemnification – Who Gets Left Holding the Bag?
Seven Habits that Define a Highly Effective Claims Team
Read the Room: Arguments that Work in Court but May Backfire at Mediation
WSHB Partner Kelly Waters Named to NJBIZ's 2020 Best Fifty Women in Business List
WSHB Names Andrew S. Kessler as Managing Partner of the Firm's Philadelphia Office
WSHB Employment Alert: California Law Banning Arbitration Agreements Temporarily on Hold
Sam McDermott on the Dos and Don’ts of Construction Project Termination
Full Disclosure! Insurer Beware: Colorado’s New Automobile Policy Disclosure Law Has Teeth!
Andrew S. Kessler Named Legal Counsel for Northeast Community Center for Behavioral Health
WSHB Elevates Ten Partners to Defined Equity Status
Eleven WSHB Attorneys Elected Into Partnership
Eighteen Attorneys Elected to WSHB Senior Counsel
Supreme Court Allows Suit Over Website Accessibility
Strategies for Defending Legionella and Mold Claims
Time Limit Demand Issues Arrive in North Carolina
WSHB Welcomes New Partner Julie A. Weerth to the Firm's New York Office
Temp Agency Absolved of Liability in Hotly Contested Action
Alternative Fee Agreements and Construction Issues: Oil and Water or Perfect Pairing!?
WSHB's Graham Miller Helps Demystify Construction Claims in the Pacific Northwest
WSHB Partner Janice Michaels Named to The Best Lawyers in America© 2020 List
One Bad Apple: Navigating through Sexual Battery and other Intentional Torts
Leading Construction Litigator Cynthia Tari Joins WSHB's Dallas Office
WSHB’s Philadelphia Partner Secures Summary Judgment in Catastrophic Premises Liability Matter
WSHB Welcomes New Partner Andrew Kessler
Renowned Litigator Jason Williams Joins WSHB's Nevada Office
Litigator Richard Young Joins WSHB's Nevada Office
17 WSHB Lawyers Honored as 2019's Rising Stars
WSHB’s Jason Klein Breaks Down the Good, the Sad and the Funny Sides of Claims
Girl on Fire: The Price of Pursuing the Truth in the #MeToo World
Pragmatic Issues on Settlement Versus Trial for Legal Malpractice Cases
The Natural Progression of Natural Disasters
Nevada’s Governor Signs Chapter 40 Reform Bill
WA Condo Law Changes Hope to Curtail Frivolous Defect Lawsuits and Stimulate Production
WSHB Co-Founder Stephen Henning Steps Into the Spotlight at this Year's West Coast Casualty Seminar
Professional Liability Expert Weighs In On Protecting Your Practice From Opioid Doc Arrest Fallout
Penalties, Punitives, and Granny Cams: The Escalating Lure of Elder Abuse Litigation
Are Structured Settlements Still Relevant
Game Changing Trends Affecting Construction
He's Not My Guy: The Joint-Employer Doctrine
WSHB Case Update: DOL Proposes Increase to Minimum Salary Threshold
WSHB and DWF Announce Exclusive Association
DOL Proposes Rule to Clarify Independent Contractor/Employee Test
California Jury Returns Defense Verdict in Employment Matter Following Trial During Covid Pandemic
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Covid-19 related restrictions have lifted across the United States (and in some instances then imposed again). With businesses reopening physical locations and the prospect of schools holding in-person classes this fall, owners, board members, executives and managers all must address potential coronavirus related liabilities. Any owner or operator of a facility where in-person contact occurs is at risk for civil suits and claims for potentially exposing employees, customers or other members of the public to the coronavirus. In response to these risks, businesses and other institutions have asked employees, customers, and patrons to sign liability waivers. Examples include President Trump’s reelection campaign asking supporters to execute liability waivers before attending rallies. This practice has gained significant media attention and has led many to wonder whether these waivers are enforceable....
Insurers investigating claims in Colorado should be aware of new limits on their ability to assert a failure-to-cooperate defense in litigation. Effective September 15, 2020, C.R.S. § 10-3-1118 imposes a number of hurdles on insurers seeking to argue that coverage is not available because an insured did not cooperate in the investigation of a claim. Before an insurer can assert a failure-to-cooperate defense in first-party actions, the statute requires compliance with several conditions. First, the insurer must request information from the insured or their representative in writing, via certified mail or electronic means, if the insured or their representative have consented to receive electronic documents from the insurer....
Newsroom
California Bill Seeks to Shift Burden of Proof to Carriers for COVID-19 Business Interruption Claims
On July 2, 2020, California Assembly Bill 1552 was amended and referred to the California Senate Insurance Committee. The bill is intended to regulate commercial business interruption coverage of insured businesses in light of the ongoing COVID-19 pandemic. The bill is an “urgency statute necessary for the immediate preservation of the public peace, health, or safety . . . and shall go into immediate effect.” The immediacy of the bill is intended “to protect the solvency of businesses that were forced to close their doors or limit business” due to the pandemic. The bill, if passed, would apply retroactively to all commercial insurance policies providing coverage for business interruption that were in full force and effect on and after March 4, 2020 (the date of the declared state of emergency)....