News & Articles

COVID-19 Business Interruption Suit Can Proceed, Cook County Judge Rules

Cook County Circuit Court Judge Raymond W. Mitchell denied a motion to dismiss in a bellwether case determining whether the presence of coronavirus causes “physical loss or damage” for insurance purposes. JDS Construction Group LLC, a New York company, filed suit against Chicago-based insurer, Continental Casualty (“Continental”), over the losses from the shutdown of a

Senate Passes Massive Infrastructure Bill

Senate Passes Massive Infrastructure Bill The U.S. Senate recently passed the Infrastructure Investment & Jobs Act (“IIJA”), clearing a major hurdle for the $1 trillion measure, which would be used for federal highway, bridge, and public transportation improvements. Investment for highway programs totals 35% ($347.8B) of this bill, which will be a 24% increase from

Three Steps To Mitigate Contractual Exposures

As business relationships, supply chains, and operations evolve, contract language must continue to align with contractual obligations and insurance policy terms. Otherwise, companies can find themselves being held liable for massive uninsured losses. According to a 2020 Ponemon Institute study regarding cyber events, 59% of companies have experienced contractual exposures caused by one of their

State of New York Labor Decision to Reclassify 1099 Drivers as Independent Contractors

The New York Department of Labor issued the initial holding that Distribution Cooperative Network (“DCN”) was liable for paying tax contributions and benefits to delivery drivers, as they were classified employees. The employer appealed to the Administrative Law Judge, who overruled the initial determination and reclassified delivery drivers of cooperatives as independent contractors. The claimant

Wage Payment & Collection Act: Increased Penalties for Violations

Gov. Pritzker recently signed a bill into law, which makes employers liable for unpaid wages, final compensation, and 5% of the damages of underpayment per month. This differs from the previous 2% penalty of damages for underpayment under the Illinois Wage Payment & Collection Act (“IWPCA”). The IWPCA covers private employers as well as local

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