Justice & Drew, 4.15.20: HIPAA Issues Pertaining to Tracing COVID-19 positive Minnesotans, and Possible Business Interruption Coverage
Wednesday morning I again answered the call of the Justice & Drew “bat signal” when I called in to the show to discuss the HIPAA implications of Governor Walz’s Executive Order compelling the use of patient data for the tracking or tracing of those Minnesota residents who have tested positive for COVID-19. You can listen to our discussion here.
We also discussed my firm’s efforts to assist business owners seeking possible insurance coverage for loss of income to the business arising out of the national business shutdown.
Most businesses likely have what the industry calls a GCL (General Comprehensive Liability) Policy covering the business and likely also covering loss of business income. In addition to other relief from the government, a business owner may also have a valid claim with their insurer for business interruption and loss of business income.
Most insurance carriers have been taking a uniform approach to denying these claims or advising insureds against filing a claim because there is “no coverage”. However, we now believe that many businesses indeed may have a valid claim and a policy that covers this business interruption from the current pandemic. Despite this, many insurance carriers have been dodging or denying these claims, including those where there may be legitimate coverage under the policy. Each policy is different, and some policies do not exclude these types of claims arising from a pandemic.
Accordingly, my firm is willing to review your insurance policy at NO CHARGE to you to determine if you may have a valid claim under the policy, even if your agent or company has denied your claim. If it turns out you have a potential claim, we have a team of lawyers actively working on this issue and have determined there are many methods by which we can assist your business in pursuing your rights under the policy. Let us help you do a no obligation assessment of the potential claim. Feel free to contact me at firstname.lastname@example.org to review your policy and answer any questions you may have.