Vol. 36, No. 2 - March 2021 DEDICAT A ED TO LEGAL EXCELLENCE SINCE 1908
www.scba.org
Busiiness Intterru uption Claims and COVID Christine Ma Ch M la lafi, Se Senio ior Pa P rt rtner – Ca C mp mpolo, Mi Middleton & Mc McCormic ick, LL LLP Ro Rosa M. Fe Feeney, of o Co Couns nsel – Le Lewis Jo Johs Av Avallllone Av Aviles, LL LLP
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uestions as to whether business interruption insurance will cover losses related to COVID shutdowns and slowdowns have been asked since the first of Governor Cuomo’s ’ Executive Orders requiring all non-essential businesses to shut down and have their employees stay home. There have been hundreds of lawsuits against insurers seeking coverage fo f r lost revenue and other business interruption losses related to COVID. In this short period of time, there have only been a handful of court decisions, mostly fa f voring insurers, but with some policyholder wins. Some states have proposed legislation thatt woulld requiire insurers wh ho proviide
property t insurance to cover business interruption during the coronavirus pandemic.
W at is Wh i th t e is i sue? Business interruption coverage is provided ffor in a business’s ’ property t insurance, which provides insurance coverage fo f r physical loss or damage to an insured’s ’ property t . T pical policy language (ISO fo Ty f rm CP 0032): We will pay fo f r the actual loss of Business Income you sustain due to the necessary “suspension” of your “operations” during the “period of restoration.” The “suspension” must be caused by direct physical loss of or damage to property at premises (Continue (C ued on o pa page 24 24)
PERSONAL INJURY R • SPECIAL SECTION • PERSONAL INJURY R
PRESIDENT HON. DERRICK J. ROBINSON’S MESSAGE
A Plaintiff’s Primer for Medicare and Medicaid Liens
Bar Associations - Heartbeat of the Legal Profession
By Mi M chael J. Fa F mig i lilettit
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s a Plaintiff f ’s ’ personal injury attorney, y your duty is not merely to resolve your client’s ’ claim fo f r the highest dollar amount possible. Plaintiff f ’s ’ counsel must also take k into consideration several entities which may hold a lien against your client’s ’ recovery. This article will address an attorney’s ’ obligation with respect to reporting and repayment of Medicare and Medicaid liens. This article is not meant to be an exhaustive treatise but is intended to provide an overview of the Medicare and Medicaid lien management process. One practice point on liens in general must be underscored: A personal injury case should not be settled without identify f ing possible lienholders, obtaining a final lien amount; and att t empting to reduce the lien amount. Medicare holds a lien fo f r any payments made fo f r treatment of injuries claimed in a personal injury claim. Plaintiff f ’s ’ counsel should immediately notify f Medicare of the case. Although
ar associations perfo f rm essential vital functions, both in the legal profe f ssion and in society t at large. These include lawyers who want to participate in pro bono work, educate the public about legal issues, report on developing legal trends, advocate fo f r legal refo f rm, and maintain the legal profe f ssion's integrity. We have active members who demonstrate their commitment and love of President Hon. the SCBA. That commitment reminds Derrick J. Robinson us to appreciate the opportunity t fo f r each of us to get through this unprecedented - in - our life f time global crisis and come out stronger in the end. However, r there are other things that bar associations provide that are vital and irreplaceable to every r lawyer's practice: gett t ing to know other lawyers, developing relationships, working with a community t
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★★★ INSIDE THE SUFFOLK LA L WYER • MARCH 2021 ★★★ Building to be Named for Judge Floyd page 2 Black History Month Celebrated page 16
★ SPECIAL SECTION ★ SPECIAL SECTION ★
PERSONAL INJURY R page 5-11
An Overlooked To T ol of Trial Advocacy page 9 Converting Yo Y ur Paper Cases to E-file page 15 Important Decisions of Interest page 19