Business interruption (BI) claims stemming from the coronavirus pandemic have hit a new high.  A Florida federal court – see Urogynecology Specialist of Florida, LLC v. Sentinel Insurance Company, Ltd., No. 6:20-cv-1174-Orl-22EJK (M.D. Fla.) – recently determined that a “virus exclusion” does not prohibit a policyholder from pursuing insurance for COVID-related BI loss.  The policyholder sought to recover, under an “all risk” insurance policy, the losses resulting from its medical practice. The insurer moved to dismiss the lawsuit, arguing the policy expressly excludes losses caused by the virus.  The court sided with the policyholder and denied the insurer’s motion to dismiss.  

More than a year ago, the U.S. declared a national emergency in response to COVID-19.  States quickly followed with stay-at-home orders and lockdowns.  In March 2020, the governor of Florida issued an executive order declaring a state of emergency due to the pandemic, which forced policyholders to close their doors and cease normal business operations.

Due to the unprecedented COVID-19 pandemic, businesses suffered and continue to suffer substantial losses.  To recover for those losses, businesses have looked to their insurance policies.  Thousands of COVID-19 loss lawsuits are being heard in courts across the country, according to data from the University of Pennsylvania Law School.

Business Interruption (BI) Loss

BI coverage is a key source of protection for coronavirus-related business losses.  It reimburses policyholders for income lost as a result of “direct physical loss or damage to” covered property.  BI insurance, part of a property insurance policy, typically is triggered when property is damaged or unusable as a result of a natural disaster.  

Insurers may attempt to claim that policyholders are not entitled to BI coverage because the presence of the coronavirus on covered property does not constitute “direct physical loss or damage.”  Insurance companies want to reduce their liability exposure.  They are unconcerned with meeting their contractual obligations.  The stage is set for a battle between insurers and their policyholders over pandemic-related financial losses. 

Policyholders should closely examine with their attorney the specific language of coverages and exclusions and analyze how these provisions will be interpreted under the applicable law.  Even if a policy contains exclusions, policyholders should not accept insurers’ denials, delays or under-payment of pandemic-related claims at face value.  For your confidential case evaluation, contact Corless Barfield Trial Group at 813-258-4998.  

Court Rulings 

Recent decisions from Florida, Ohio, North Carolina, Oklahoma and Washington found coverage for BI losses arising out of COVID-19 even in the absence of changes to the physical structure of covered property.  The trend is for courts to interpret the relevant coverages broadly while construing related exclusions narrowly. 

In general, policyholders may receive more favorable rulings in state courts than in federal courts.   For example, several state courts in California have held that loss of property use could be enough to meet the physical loss or damage threshold.  Whereas in some federal courts, like Massachusetts and Arizona, federal judges found that a tangible property alteration was required, and that loss of use wasn’t enough.  

Different policies with different language, as well as factual differences and the dispute venue can result in a fragmented legal regime for these BI loss claims.  That is why you need an experienced insurance disputes attorney fighting aggressively for your rights.  

Solutions 

Business owners bleeding money during the coronavirus pandemic want their insurance to cover their losses.  That’s what they bargained for when signing a contract with their insurance company.  Insurance is there to help you prepare for the unknown.  But what happens when your insurance company doesn’t live up to their end of the bargain?  You hire Corless Barfield Trial Group. 

The insurance coverage landscape is changing on a daily basis as policyholders file new lawsuits to address business losses resulting from the pandemic.  For specific information on how your claim for insurance might proceed, how to assert property loss and damage, and insight into how different state and federal courts are ruling, call us today at 813-258-4998. 

As a nationally recognized insurance dispute and property damage trial law firm, we are known for securing record-breaking results for our clients.  Nevertheless,  the coronavirus crisis continues to impact Florida courts.  Most courts have not been allowed to move forward in their plans to reopen for in-person trials due to a rise in COVID-19 cases and more contagious strains of the virus.

Recently, some criminal trials have begun to take place but criminal cases take priority over civil lawsuits.  In fact, the Florida court system has asked civil trial judges to step in to assist with the backlog of criminal trials.  As a result, many civil cases must wait until courts have cleared the logjam of criminal cases.

Corless Barfield Trial Group is proud to participate in Florida’s first federal civil jury trial to take place entirely via Zoom in a case styled Cheryl Staple v. Northwestern Mutual Life Insurance Company.  However, trials in the era of COVID are the exception rather than the rule. 

Judges state they do not expect civil trials to start back up in earnest until June 2021 at the earliest.  Courts are adapting their operations to establish a new normal, which includes very limited in-person hearings and remote jury trials.  As such, patience and perseverance must be practiced. 

If you have an insurance dispute or property damage claim, you should speak with a lawyer.  Any delay in seeking representation can lead to a loss of evidence and fewer opportunities to successfully resolve your claim.  If you are engaged in a dispute over the following, call 813-258-4998:

• Sinkhole Damage
• Flood Damage
• Fire Damage
• Wind Damage
• Hurricane/Storm Damage
• Life Insurance
• Construction Defects
• Mold Damage

Our goal is for your case to move forward in a timely manner.  Please be assured that we have a plan in place and that our firm will always work hard to ensure success.  We will make every effort to exceed client expectations during the coronavirus crisis. 

Above all, be safe and take care of yourselves and your families.  If you have any questions or concerns, please contact our office. 

Corless Barfield Trial Group continues its mission to actively give back to the Tampa, Florida community.  As part of our core values, we are devoted to various philanthropic missions and volunteer opportunities.  Recently, CBTG hosted a COVID-19 safe holiday meal for the residents of Rose Harbor Apartments located in the Citrus Park/Carrollwood area of Hillsborough County. 

“We looked outside our front door to see who could use our help.  There are opportunities everywhere in one’s community to do good and help others.  That’s a guiding principle at CBTG,” remarked Ted Corless, Founder and Partner of CBTG.  

In fact, it has been a year of giving for Team CBTG.  Once the coronavirus pandemic hit in March, CBTG donated more than 10,000 KN95 masks through our #MaskMission campaign to those in need.  CBTG’s North Star is to serve those underserved and underrepresented in Tampa and beyond. 

The coronavirus pandemic has impacted the elderly significantly.  On December 22, CBTG teamed with Carrabba’s Italian Grill to serve meals from Carrabba’s Italian Grill to the elderly residents of Rose Harbor Apartments. 

“In this time of need, we are proud to support the most vulnerable populations by safely delivering nourishing meals,” noted Mr. Corless.  “I was thrilled that the crew at Carrabba’s was as enthusiastic as they were about teaming up and taking care of these families in our shared community.”

An enormous debt of gratitude is owed to Carrabba’s Italian Grill (located at 11902 Sheldon Rd, Tampa, Florida) and Bloomin’ Brands, Inc. who worked with Team CBTG to prepare and deliver healthy, tasty, and hot meals to residents.  “We couldn’t have done it without them.  They made this meal mission a soaring success,” exclaimed Mr. Corless.  

The residents, most of them aged 70 and older, feasted on perfectly seasoned pasta, grilled chicken breast, Caesar salad, and assorted fresh vegetables.  “The residents were extremely happy and grateful to CBTG.  They asked, ‘Where can I send a thank you note?’” recounted Mr. Corless. “Comfort food always warms one’s heart and stomach.”

‘Tis the season for giving.  Take care of those in your community. “These people needed fresh, homemade, and nutritious meals.  We talked to the residents and asked them how they were doing.  I think we were able to make their holidays just a bit brighter,” enthused Mr. Corless.

Not only did Team CBTG deliver 100 meals to those most vulnerable individuals, but we were able to contribute to the restaurant industry that has been hit especially hard by the COVID-19 pandemic.  Restaurants have been forced to adapt to a takeout-only climate, with drive-thrus and curbside service.  Where and when you can, please support restaurants.  Tip generously, purchase gift cards, and order takeout or delivery. 

Corless Barfield Trial Group is a high-stakes insurance disputes trial law firm based in Tampa, Florida.  Stay tuned for more information in the coming weeks on the creative, charitable ways we’re giving back to the community. 

Take Me Out to the Ballgame 

All 30 MLB teams, the baseball commissioner’s office, MLB’s digital and streaming services, MLB Network, and Tickets.com have collectively sued their insurance providers, citing massive property damage and “time element” losses that the clubs and their affiliates have experienced due to the pandemic, according to the lawsuit filed in Alameda County, California. 

The lawsuit filed in October by MLB alleges that providers AIG, Factory Mutual, and Interstate Fire and Casualty Company have refused to pay claims made by MLB despite the league’s “all-risk” policy purchases.   

“Baseball paid millions of dollars in premiums year after year because it deliberately bought broad, more protective coverage” the lawsuit states, but the insurance companies “have very publicly refused to live up to their contractual obligation to pay what they promised.”  

Unfortunately, this is an all-too-common story concerning the insurance industry.  In fact, it’s why our law firm takes particular pleasure in successfully suing insurance companies who wrongfully and in bad faith refuse to cover valid claims. 

Let’s Play Ball 

In the era of COVID-19, homeowners and business owners must hire a law firm that aggressively seeks remedies for one’s home or business losses.  Homeowners and business owners are required to carry insurance policies that protect them when disaster strikes. The most common claims involve disasters such as floods, hail, wind, fire, sinkholes, and tornadoes.  

Corless Barfield Trial Group is a nationally recognized insurance law firm with the skill, experience, and resources to successfully fight insurers in court.  CBTG is committed to ensuring that insurers are held accountable for insuring property damage and business interruption losses.  To schedule a free consultation with CBTG, call 813-258-4998 or email service@corlessbarfield.com.  

Play Every Game Like Its Game 7 

The MLB lawsuit is an important case study because it illustrates the types of COVID-related insurance claims we’re seeing more frequently in court.  

MLB likely lost billions of dollars on unsold tickets, hundreds of millions on concessions, tens of millions on parking, and many more millions on suites and luxury seat licenses, merchandise sales, and corporate sponsorship.  It cites in its lawsuit over a billion dollars in local and national media losses, plus tens of millions in missed income for MLB Advanced Media.  It says all of those losses should be covered by their insurance policies.

Swing for the Fences

You’ve got to be in it to win it, and our goal is always the same: protect insureds from the wrongful denial of insurance coverage for losses.  CBTG trial lawyers will review your insurance policy and identify whether your policy provides coverage and what stated exclusions are named in the policy.  We will then gather the necessary documentation needed to substantiate and submit your claim.  

One of the minor league cases, filed in Arizona and led by the Chattanooga Lookouts, a Class AA minor-league affiliate of MLB’s Cincinnati Reds, has been dismissed due to a virus exclusion in the policy.  

However, a Missouri federal judge ruled jurors should be able to decide if Cincinnati Financial Corp. should pick up the tab for coronavirus losses claimed by a group of restaurants and hair salons under an “all-risk” policy.  (This is the same type of “all-risk” policy language used in support of the league’s lawsuit.)  The judge said the virus made their properties “unsafe and unusable, resulting in direct physical loss to the premises and property.”

Insurers have insisted that financial losses caused by the coronavirus do not constitute physical loss or property damage.  MLB is claiming that the virus has led to both.  

We’re in a League All Our Own

Right now, many insurance providers are engaging in widespread bad faith behavior by denying coverage to insureds who should be protected under their policies.  Our insurance lawyers will vigorously advocate for insureds and their right to coverage. 

By reviewing your policy in-depth and determining your legal options, we’ll help you understand your options and find a clear path forward.  We assist clients in getting the compensation they bargained for under their insurance policy.   Call CBTG at 813-258-4998.

Northwestern Mutual denied a life insurance claim, alleging that the decedent, Desmond Staple, took his own life, voiding a $1,000,000 life insurance policy.  Mr. Staple was found unconscious in his car in the middle of the afternoon in a Walmart parking lot with strong doses of acetaminophen and aspirin in his blood stream.  While Northwestern Mutual denies the claim and alleges suicide, Vernard Adams, MD, the former Chief Medical Examiner of Hillsborough County for 21 years, concluded that Mr. Staple’s death was the result of an accident. 

The parties are now being asked to make their case and any defenses remotely, via Zoom.  Courts, counsel, and clients have had to quickly adapt to new rules and policies for conducting legal proceedings remotely. 

CBTG Leverages Technology for Litigation Success 

Ongoing spikes of COVID-19 cases mean trials will look and feel different for the foreseeable future.  CBTG has been studying how the use of Zoom affects jury selection, jury behavior, motion hearings, sidebar conferences, evidentiary proceedings, trial testimony, and how our adversaries act. 

There are technology tools that CBTG utilizes to help clients – insureds and personal injury victims – proceed with cases in-person or virtually.  CBTG will gladly explain these options for in-person and Zoom trials.  Call us at 813-258-4998. 

Practice Makes Perfect

CBTG has prepared, practiced, and participated in a number of remote jury trials with tremendous success.  Preparation for a virtual or hybrid trial differs from an in-person trial.  We have learned that we can achieve efficiencies without sacrificing the persuasiveness and toughness for which we are nationally recognized.   

Team CBTG is constantly evaluating the impact of technology on witness credibility; best practices for examining witnesses; employing data-heavy science, medicine, and structural engineering reports; and presenting powerful exhibit displays or compelling demonstrations. Practice makes perfect, and CBTG practices and tests the impact of remotely trying cases a lot. 

Zoom Justice 

Court hearings on Zoom during COVID-19 can be challenging if you have not conquered video conferencing.  Our litigators, jury consultants, and appellate lawyers know the opportunities that exist with remote trials while being mindful of security and confidentiality concerns. 

We have noticed some law firms improvise with the new technology and courtroom proceedings.  That isn’t CBTG’s style or methodology.  

CBTG’s goal is to always achieve highly favorable outcomes for our clients at trial; that’s why we’re a trial law firm.  With regularity, we try and win cases. 

In fact, there is a reason why CBTG has a state-of-the-art recording studio in Tampa, FL.  We have embraced technology with unparalleled success.  If you build it, they will come. 

Not many law firms work closely with technologists, technical support specialists, and engineers to understand best practices of how to use camera angles, connectivity, and audio and video equipment to maximize victories in a virtual courtroom.  We do. 

Resilient or Resistant? 

The legal profession is filled with a variety of people with a range of talents and abilities.  Some lawyers are excellent with technology, and some are slowly learning or remain totally resistant to change.  Being skilled with technology is an unbeatable advantage in a remote courtroom. 

As we navigate the pandemic, our law firm has rapidly evolved to ensure that we are able to effectively use technology.  We aggressively pursue each client’s rights and interests. 

The trial lawyers at CBTG are available to discuss these issues further.  We can answer your questions about remote court hearings and trials or any other questions you have regarding insurance disputes, property damage cases, and personal injury law in Florida.  Find out how our firsthand knowledge of the law and technology can significantly benefit you.  Telephone: 813-258-4998.  Email: service@corlessbarfield.com.

Coronavirus has incentivized people who have put off the decision to make the jump and get life insurance coverage. Life insurance policies are important financial safeguards for families throughout Florida.

Nowadays, policyholders ask us, will insurance pay out for deaths from COVID-19? How will my application be viewed if there’s a dispute? How will my policy be interpreted? How does the process work to get underwritten for life insurance with coronavirus? Is coronavirus excluded under life insurance policies?

As coronavirus spreads and daily life becomes more uncertain, life insurance applications and policy sales are going up. COVID-19 has become a catalyst for people who normally put off life insurance decisions. Everyone from millennials to Baby Boomers are jumping on the bandwagon. However, beware when answering questions for any life insurance application. Insurance companies are looking for reasons to flip your policy if it is due to pay off.

You should know that life insurance companies often refuse to pay their policy benefits when a policyholder passes away. Claims are disputed or denied regularly. The amount of money withheld each year, several hundred million dollars, has continued to climb.

If you or a family member is having a dispute with a life insurance company after a family member has passed, an experienced lawyer can help. Insurers must be held accountable. A lawyer can assist you in recovering insurance benefits legally owed to you.

When you purchase life insurance, you may initially feel comfort knowing that you’ve made a decision to provide for your family after your death. What you may not consider is that in signing this contract, some insurance companies will try to deny your claim. They have expert legal advisers on hand to interpret life insurance policies in the company’s favor. Corless Barfield Trial Group is here to help you recover the death benefits that are rightfully yours.

An insurance company’s goal is to bring in as much money as possible while paying out as little as possible. They may look to delay or deny your claim based on contract terms and exclusions under the policy. For example, possible life insurance exclusions include:

• Act of war
• Suicide
• Alcohol and drug use
• Dangerous activity
• Illegal activity
• Material misrepresentation
• Misstatement of age
• The contestable period

Another trend that we are seeing in the age of coronavirus is some insurance carriers have begun adding exclusionary riders on new policies to avoid paying out on COVID-19 deaths. An exclusion rider could become an industry standard if the morbidity rate causes carriers to experience significant financial losses due to an unexpected and unsustainable claims rate. Insurers might increase premiums in the future as many are suffering losses on their investments amid the sharp declines in financial markets.

It’s a brave new world, and you deserve to have the best lawyers working on your life insurance dispute. Remember, insurance companies are always looking to get out of paying a valid claim. Their job is to make money, and they make less money or no money if they pay out life insurance claims. Call Corless Barfield Trial Group 24/7 at 813-258-4998 to discuss your life insurance policy. The consultation is free.

The World Health Organization (WHO) declared the COVID-19 coronavirus outbreak as a pandemic. This designation signifies that we are in the midst of a global disease outbreak, which occurs when a new virus emerges for which there is little or no immunity in the human population.  Coronavirus can cause serious illness, and spreads easily person-to-person worldwide.

Corless Barfield Trial Group is your Tampa-based law firm that is open and available to address legal matters with our clients nationwide. Our attorneys continue to guide clients through the complex process of property damage, insurance disputes, and personal injury law. If you have questions about court closures, pending legal matters, or new cases, please call us at 813-258-4998.  We have moved to a remote platform and will return your calls in an expeditious manner. 

Our law firm wants to do our part to contain COVID-19’s spread and to implement the federal and state government’s health and safety recommendations. We do this out of concern for the safety and health of our clients and hard-working staff.  

You may also have questions about different areas of law that may be impacted by the coronavirus, including contracts, force majeure clauses, employment law, or workers’ compensation. We invite you to call Corless Barfield at 813-258-4998.  We are here to help clients better understand and prepare for impending legal complications resulting from the COVID-19 pandemic. We have lawyers and support staff ready, willing, and able to answer your questions. 

For the latest health information, visit cdc.gov and who.int. You may also find the following link helpful regarding Florida State Courts: informz.net/FB/data/images/AOSC20-13.pdf. 

Check back on our website and social media platforms for continual updates as part of Corless Barfield Trial Group’s ongoing coverage about important COVID-19 coronavirus topics and resources.  Our attorneys continue to monitor developments to provide up-to-date advice to our clients.

We deliver outstanding results, and we will continue to do so. Together, we will get through this.

As more states report cases of the coronavirus (COVID-19), you should know about your legal rights and the risks associated with coronavirus. 

Microsoft, SAP, JPMorgan Chase, and hundreds of other employers have imposed restrictions on travel, domestic as well as international. Countless supply contracts are being disrupted by factory shutdowns in the areas most affected by COVID-19. Facebook, Stanford University, SXSW, and Google have canceled long-planned business conferences and events.

Two people have already died in Florida out of at least a dozen Florida residents that state health officials say have tested positive for the new strain of coronavirus that is now quickly spreading across the United States and other parts of the world.  

Florida Gov. Ron DeSantis spoke at a press conference at Port Everglades on Saturday where Vice President Mike Pence as well as Florida Senators Rick Scott and Marco Rubio addressed the spread of the virus and the danger to the state’s elderly population.  “This is a virus that has a disproportionate impact on that community,” DeSantis said.

Legal Matters Involving Coronavirus 

Whether you are a big or small office, and whether you have offices overseas or not, every employer (and employee) should have a disaster plan in place for the coronavirus and other types of health crises as well as natural disasters. Companies should consider how to protect their employees and their productivity without running afoul of employment laws.

As an employer, the most important message to communicate is that employees should stay home from work when they are sick and telecommute if necessary.  With the global spread of coronavirus, companies should focus first and foremost on employee safety. Business continuity plus the well-being of your employees and clients is of the utmost importance. 

Employers can require that an infected or at-risk employee stay home from work if the employer has a reasonable objective belief that the employee poses a direct threat to the workforce.  An employee’s race, color, sex, national origin, or perceived or actual disability cannot be taken into account when assessing risk.

Employers cannot require employees to undergo medical exams and should avoid making unnecessary inquiries into an employee’s medical status.  The Americans with Disabilities Act (ADA), along with equivalent state and local laws, restrict an employer’s ability to ask questions about an employee’s medical condition. 

The Family Medical Leave Act provides job-protected unpaid leave for employees and their family members who are suffering from a “serious health condition.” If an employee or his/her immediate family member contracts the coronavirus, the FMLA could be triggered. 

Will insurance cover COVID-19 losses? Losses related to coronavirus could be covered under insurance depending on the type of loss, the type of coverage, and the terms and conditions of specific policies.  Policyholders should review their insurance coverage provisions.

Business interruption insurance could provide coverage for income and other losses.

The scope of coverage for coronavirus and other infectious disease-related losses will ultimately depend upon the specific language of each insurance policy. Remember, too, not every contract and governing law provides for a force majeure defense based on unforeseeable events outside the parties’ control. 

Next Steps

The main challenges in the next few weeks are to become informed on legal options, develop a risk management strategy, keep up with health guidelines, and exercise a certain degree of common sense. It is important that you consult with counsel regarding your legal rights in light of the coronavirus.

Corless Barfield Trial Group advises clients on numerous legal issues relating to the coronavirus and its effects, such as force majeure clauses in contracts, employment law matters, insurance law, negotiating commercial agreements in light of world events, and risk mitigation, among other issues.  For a free, no-obligation consultation, call Corless Barfield at 813-258-4998.