Page 41 - Delaware Medical Journal - May/June 2020
P. 41
CASE REPORT MSDIS CORNER
WHAT CAN BUSINESSES DO NOW?
Businesses should prepare for potential losses and impacts related to the coronavirus. Suggestions include:
OPERATIONS STAFF
Review/modify business contingency plans Identify services critical to ongoing operations Determine if there are backups in place for
critical operation functions
Estimate the potential impact of widespread
facility closures
Update staff on the increase of malware related
to coronavirus
Review and implement health and safety policies
Determine whether any employees have potentially been exposed
and create a plan for preventing exposure to other employees Plan for employees to work from home
Disinfect common areas and personal workspace
Work with employees and leadership to identify and monitor
potential areas of harassment, deprivation of career opportunity, discrimination, or bullying due to coronavirus effects
Coronavirus appears to be transmitted in much the same way as the flu or common cold and employees should use common preventative measures (wash hands, use hand sanitizer, sneeze/cough into elbow, and stay home from work).
EMPLOYERS SHOULD TAKE A PRACTICAL APPROACH TO EASING EMPLOYEES’ CONCERNS ABOUT CORONAVIRUS BY:
Reviewing the company’s sick or Paid/Personal Time Off (PTO) policies and any applicable state or local sick-leave policies, then reminding employees of the policies. Be prepared to explain them.
Ensuring employees know of any work-from-home provision offered by the company and how/when it may be utilized.
most notable indirect exposures that will trigger BI losses are civil authority and supply-chain disruption. If your property policy extends coverage for either or both, the “physical damage” or “property damage” is still a requirement that needs to be met, albeit away from the insured location. However, like other policies, the form/coverage varies.
arerequiredtotriggercoverage.This coverage is in place to address BI losses whenacivilauthorityhasprohibited access to an insured location. There are andalwaysthepremisethatthecivil orderisinresponseto“directphysical damage of type insured against.”
Ingress/egresscoverageissimilartocivil authority in that coverage is in place for BIwhenaccesstotheinsuredlocation isprohibiteddueto“directphysical damage of type insured against.” One must read the coverage in its entirety
to understand how it will respond in the case of a loss.
The industry is taking steps to address
the coronavirus. At MSDIS, we are monitoring these developments on a daily basis. In the event of a claim, the following information is a starting point and should be gathered early on as losses are being sustained:
Adetailednarrativeoutliningtheloss. Detailsoftheimpairmentordirect damage at insured facilities.
Detailsthatoutlineanycivilactionsor ingress/egress issues prohibiting access to insured locations and impairing operations. Tothebestofyourability,details/
achieve.
Details(includingcivilactions)thatare disrupting transit of materials, inventory, etc. Trackingofallcosts/lossesinrealtime. Ifaclaimispursued,losseswillhaveto
triggers noted above.
Note that EVERY claim will be evaluated fully on its own merits, based on the facts presented, in conjunction with all applicable policy provisions and the law in the applicable jurisdiction.
GENERAL LIABILITY
General-liability policies cover bodily injury arising out of the insured’s negligence.Aclaimantwouldhaveto allegetheviruswascontractedbecause of the insured’s negligence and be able tolocalizehow,when,andwhereit
was contracted. This would be a very
examplescouldinclude:
Patientofaphysicianpractice whose infection is later linked to an employee of the practice
Hotelguestwhoseinfectionislater linked to the general outbreak at the hotel
Vendor’semployeewhoseinfection is later linked to the customer’s location
Del Med J | May/June 2020 | Vol. 92
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No. 3
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