Claims and COVID-19: Guidance and Considerations

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By Property & Casualty – Claims Team

With the coronavirus upending life and business as we know it, we understand all ABD clients are doing everything possible to mitigate the effects of this pandemic. Everything from employee safety to financial impact have been at the forefront of our clients’ minds. 

Throughout the pandemic, our team has stayed connected with our expert panel of partners comprised of the brightest lawyers, accountants, carrier partners and other brokers around the country to discuss and stay ahead on how we can best advise you through this unprecedented time.

While there is still speculation on the potential outcome of COVID-19 related claims, notifying your carrier of any current or potential claim may be the most prudent course of action at this time. Timely reporting is critical to preserving your rights under a policy. 

While the facts, circumstances, and policy language for each potential loss must be carefully reviewed in order to determine how coverage may or may not respond, outside factors such as local, state, and federal government intervention is keeping this a fluid and developing situation.

The following guidelines represent current best practices, and we encourage you to follow them in a timely manner.

  1. Document your loss. Our partners at rwhMyers suggest documenting and tracking your losses, including out-of-pocket expense and payroll costs. Click here to view rwhMyers guide.
  2. Review your contracts with suppliers, vendors, and customers. It is important to determine whether your company is an additional insured under any of their insurance policies or if they are additional insureds on yours.
  3. Insurance policies must be carefully reviewed in order to determine the potential for coverage. If you need assistance in reviewing your policies, please click here to request support. If you have experienced a loss or received a demand and your policy is going to renew soon, we recommend noticing your current carrier prior to that renewal. Click here  if you have a policy renewing and would like to put your carrier on notice now.
  4. If you have not suffered a loss or received a demand related to COVID-19 but expect you may in the future, it is important to discuss the possibility of filing a notice of circumstances with your attorney in conjunction with your ABD Service Team. If you would like have your ABD Service Team reach out to you to discuss, please click here.
  5. If your company is currently “sheltering-in-place” and the work premise(s) is/are unoccupied, have someone visit the location(s) at least once a month and document potential exposures. Check the windows, sprinklers, faucets, etc. to ensure there are no leaks, breaks, or damage that require attention.   Undiscovered damage can greatly increase the severity of a loss.   
  6. For properties that were under construction/renovation prior to a “shelter-in-place” order and where construction is now delayed, please click here and your account team will reach out to you to discuss whether notification to the carrier of the delay is required.
  7. If you are applying for any type of aid (such as aid under the CARES Act, local government aid packages, rent abatement or forbearance, or loan modifications) and are in need of proof of having filed an insurance claim, click here.

If you have experienced a loss, we recommend submitting a notice to your carrier, regardless of policy language. For more information on coverage and guidance on noticing a claim, click here  to be taken to our COVID-19 Claims Portal.

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