Planning for a Catastrophe

As they weather this year’s storm season, many businesses will experience property damage, often accompanied by business income losses. Most commercial general liability policies will provide business interruption coverage and extra expense insurance as an adjunct to property coverage. However, the complexity of a business interruption claim coupled with a pressing need for operating capital

The 2022 Hurricane Season begins June 1st and continues through November 30th. For those in the maritime industry, it is strongly encouraged to review your existing hurricane plan or develop a plan if one is not already in place. Having a plan in place not only helps companies to minimize risk, but it also gives

Piecing things back together following a natural disaster, such as Hurricane Ida, can be a time-consuming and stressful process for individuals and companies alike.

For those in the maritime industry, there are a number of unique factors to be mindful of when assessing the extent and scope of damage. Below are some helpful tips from Jones Walker’s maritime emergency and casualty response team for responding to an emergency:Continue Reading Best Practices when Responding to a Maritime Disaster

Continue Reading Tips for Preparing a Business Interruption Claim

Commercial enterprises doing business in Texas and surrounding states are beginning their recovery from recent power outages and associated water damage. Many face significant property losses, often accompanied by business income losses due to a complete cessation of business activities. Many business owners had the foresight to purchase business interruption insurance; however, the complexity of a business interruption claim, coupled with demands on operating capital, creates a difficult scenario for business owners. Jones Walker is ready to assist clients in navigating this process, and we offer the following “golden rules” to provide some guidance in the preparation of business interruption insurance claims.
Continue Reading Golden Rules for Preparing a Business Interruption Claim

Commercial enterprises doing business in Louisiana are beginning their recovery in the wake of Hurricane Laura. Many face catastrophic property losses, often accompanied by business income losses due to a complete cessation of business activities. Fortunately, many business owners have had the foresight to contract for business interruption insurance (also called “business income” insurance or time-element coverage). While having coverage offers some relief to affected businesses, the complexity of a business interruption claim coupled with a pressing need for operating capital creates a difficult scenario for business owners. Jones Walker is ready to assist clients in navigating this process, and we offer the following “golden rules” to provide some guidance in the preparation of business interruption insurance claims.
Continue Reading Golden Rules of Preparing a Business Interruption Claim

As Tropical Storm Marco heads toward the coast of Louisiana, reports indicate Tropical Storm Laura is expected to strengthen to a hurricane before it makes landfall on the Gulf Coast late Wednesday or early Thursday.

The very rare event of back-to-back storms is forcing evacuations, and may cause widespread damage, business interruption, and travel stoppage for a large part of the gulf coast region for days and weeks to come.Continue Reading Jones Walker Disaster Prep & Recovery Team Readies for Gulf Coast Storms

Hospitals and other healthcare facilities are required to conduct routine emergency-preparedness training for infectious disease outbreaks, as well as generally maintain infectious disease policies and protocols. The arrival of Coronavirus (COVID-19) in the United States mandates a call to action for all facilities to review those policies, confirm policy enforcement, and ensure that infectious disease safeguards in place for healthcare providers (HCPs) are appropriately tailored to address and mitigate the risk of COVID-19 transmission.

The American Hospital Association has urged all HCPs to monitor the Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) websites for guidance on tailoring policy responses to the COVID-19 outbreak to the extent it spreads throughout the United States.[1] As of March 4, 2020, the CDC issued an update to its Interim U.S. Guidance for Risk Assessment and Public Health Management of Healthcare Personnel with Potential Exposure in a Healthcare Setting to Patients with COVID-19.[2] The CDC encourages HCPs “to report recognized exposures, regularly monitor themselves for fever and symptoms of respiratory infection and not report to work when ill.”[3] Given how easily COVID-19 may spread, the CDC encourages each healthcare facility to develop a “low threshold” plan that will address how it will screen its HCPs for symptoms, and establish quarantine and treatment protocols for HCPs with presumptive or confirmed COVID-19 diagnoses. This is particularly important for HCPs who are at high or medium risk of exposure to COVID-19.  The CDC defines these exposure classes as follows:

Continue Reading Healthcare Facilities Preparedness Guidelines for Coronavirus

With hurricane season upon us, employers are justifiably concerned about the potential impact of a natural disaster on their business. A hurricane, natural disaster, or any other crisis in the workplace, can bring a business to a screeching halt and devastate the lives of a business’ most valuable asset, its employees. This article was first published in the wake of Hurricane Katrina based on lessons learned in managing through that crisis. These lessons continue to ring true year after year, crisis after crisis. Thus, we continue to update and republish this article each hurricane season.

To minimize the impact of a natural disaster, employers should have plans in place before disaster strikes, including, for example, a crisis management plan, a communications plan, and a disaster response and recovery plan. These plans must take into account the effect a catastrophe may have on workers and include ways to help impacted employees return to work as soon as practical to ensure continued productivity of your workplace even in the face of personal loss. Any enacted plan should consider the application of relevant federal and state laws to ensure compliance and avoid any employment-related lawsuits or any agency enforcement actions following a natural disaster.
Continue Reading Planning for a Catastrophe

Please find below a recently published article from our Construction Team members, Stephen T. Miller and Tiffany C. Raush. The article “When Force Majeure Is For Sure: The Business of Constructing in Disaster-Prone Areas” was first published in the ConsensusDocs Construction Law Newsletter Volume 4, Issue 3. 

One could have predicted in early 2017 that