Page 1 - The Suffolk Lawyer - March 2021 - Vol. 36, No. 2
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Vol. 36, No. 2 - March 2021
                           DEDICATED TO LEGAL EXCELLENCE SINCE 1908                                                                         www.scba.org


                     Business Interruption Claims and COVID


             Christine Malafi, Senior Partner – Campolo, Middleton & McCormick, LLP Rosa M. Feeney, of Counsel – Lewis Johs Avallone Aviles, LLP

                     uestions as to whether business in-                                                     property insurance to cover business inter-
                     terruption insurance will cover                                                         ruption during the coronavirus pandemic.
           Q losses related to COVID shutdowns
            and slowdowns have been asked since the                                                          What is the issue?
            first of Governor Cuomo’s Executive Orders                                                          Business interruption coverage is provided
            requiring all non-essential businesses to shut                                                   for in a business’s property insurance, which
            down and have their employees stay home.                                                         provides insurance coverage for physical loss
              There have been hundreds of lawsuits                                                           or damage to an insured’s property.
            against insurers seeking coverage for lost                                                          Typical policy language (ISO form CP
            revenue and other business interruption                                                          0032): We will pay for the actual loss of
            losses related to COVID. In this short period                                                    Business Income you sustain due to the nec-
            of time, there have only been a handful of                                                       essary “suspension” of your “operations”
            court decisions, mostly favoring insurers, but                                                   during the “period of restoration.” The “sus-
            with some policyholder wins.                                                                     pension” must be caused by direct physical
              Some states have proposed legislation                                                          loss of or damage to property at premises
            that would require insurers who provide                                                                               (Continued on page 24)



          PERSONAL INJURY  • SPECIAL SECTION • PERSONAL INJURY                       PRESIDENT HON. DERRICK J. ROBINSON’S MESSAGE

           A Plaintiff’s Primer for Medicare                                           Bar Associations - Heartbeat of

                         and Medicaid Liens                                                        the Legal Profession


                                                                                            ar associations perform essen-
                                By Michael J. Famiglietti
                   s a Plaintiff’s personal injury attorney, your duty is not               tial vital functions, both in the
                   merely to resolve your client’s claim for the highest dollar      B legal profession and in society
            A amount possible. Plaintiff’s counsel must also take into con-          at large. These include lawyers who
            sideration several entities which may hold a lien against your           want to participate in pro bono work,
            client’s recovery. This article will address an attorney’s obligation    educate the public about legal issues,
            with respect to reporting and repayment of Medicare and Medicaid         report on developing legal trends, ad-
                      liens. This article is not meant to be an exhaustive trea-     vocate for legal reform, and maintain
                        tise but is intended to provide an overview of the           the legal profession's integrity.  We
                           Medicare and Medicaid lien management process.            have active members who demon-
                           One practice point on liens in general must be un-        strate their commitment and love of            President Hon.
                                derscored: A personal injury case should not be      the SCBA. That commitment reminds            Derrick J. Robinson
                                 settled without identifying possible lienhold-      us to appreciate the opportunity for each of us to get through this
                                ers, obtaining a final lien amount; and attempt-     unprecedented - in - our lifetime global crisis and come out stronger
                             ing to reduce the lien amount.                          in the end.
                             Medicare holds a lien for any payments made for           However, there are other things that bar associations provide that
            treatment of injuries claimed in a personal injury claim. Plaintiff’s    are vital and irreplaceable to every lawyer's practice: getting to know
            counsel should immediately notify Medicare of the case. Although         other lawyers, developing relationships, working with a community
                                                        (Continued on page 7)                                                     (Continued on page 25)

                     ★★★ INSIDE THE SUFFOLK LAWYER • MARCH 2021 ★★★



                 Building to be Named                     ★SPECIAL SECTION★ SPECIAL SECTION★                   An Overlooked Tool
                                                             PERSONAL                                          of Trial Advocacy page 9
                 for Judge Floyd page 2                                                                        Converting Your Paper



                 Black History Month                                INJURY                                     Cases to E-file page 15

                 Celebrated page 16                                                                            Important Decisions
                                                                            page 5-11                          of Interest page 19
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