COVID-19 Claims with Insurance Coverage

Liability Insurance If a business owner is sued by a person contracting coronavirus on their premises, a CGL policy may come into play as a protection. Additionally, for larger companies, the action or omissions taken by leadership could implicate protections under the directors and officers liability policies (D&O), whether actions from shareholders or others. Marine Insurance The marine...

Prevention and Response to Coronavirus Outbreaks that Occur in the Workplace

Employers should establish policies for dealing with health issues related to the coronavirus.The Occupational Safety and Health Administration (OSHA) has issued non-mandatory coronavirus guidance encouraging employers to develop response plans, implement prevention measures against the virus, such providing as personal protective gear for some healthcare workers, develop protocol for sick...

Qualifying Events for Sick Leave under the FMLA

To establish a qualifying need, an employee must be unable to work, including even telework due to one or more of the following reasons: 1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. 2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. 3. The employee is experiencing...

COVID-19 (Coronavirus) Question: Is there a Duty owed by the Employer Hospital to its Healthcare Worker Employees?

In Florida, employers have an affirmative duty to provide a reasonably safe workplace for its employees.  Therefore, employers can be liable for negligence for injuries sustained by its employees that are ordinarily caused by the unsafe conditions in the workplace. Applying tort law to the current pandemic, a growing question is should the hospitals and health care facilities in Florida be...

Coronavirus disease (COVID-19) and Cruise Ship Cancellations

In light of the recent developments, such as the WHO and the CDC publishing statements, the various cruise companies have relaxed their cancellation policies for customers. Below is a synopsis of some of the cruise lines current cancellation policies and procedures: Norwegian Cruise Line: All cruises suspended from March 13 to April 11, 2020. Guests who are booked on voyages dated to embark from...

What is International Law?

This is often a question I am asked. There are many aspects to international law. For example, environmental law is a facet of international law. There are Treaties and agreements such as the Paris Agreement under the United Nations Framework Convention on Climate Change, the Vienna Convention for Protection of the Ozone Layer, and the Basel Convention on Transboundary Movement of Hazardous...

Criminal Law in the Maritime Context

Pursuant to Fla. Stat. Ann. § 910.006(3), Florida courts are granted special maritime criminal jurisdiction under any of the following circumstances: When a suspect on board a ship is a Florida citizen or resident; A suspect on board a ship is a resident of a state which consents to Florida jurisdiction;A ship’s official or an official from the ship’s flag state places a suspect on board...

Cyber Security Law

Cyber-security law encompasses many businesses. Companies that maintain customer credit card numbers, Social Security numbers, or medical information that should remain private and not exposed to third parties are all at risk for cyber security claims. In recent years, massive amounts of customer data, such as credit card numbers being attacked, have increased. Companies that expose customers’...

Longshore & Harbor Workers’ Compensation Act (LHWCA) Case Update

In Expeditors and Production Service Company, Inc. v. Director, OWCP (Garrick Spain), No. 18-60895 (5th Cir. Nov. 4, 2019), the United States Court of Appeals for the Fifth Circuit affirmed the lower administrative rulings finding that an employee injured in his living quarters was covered under the Longshore & Harbor Workers’ Compensation Act (LHWCA). The employee, Mr. Spain, was employed...