2. 2
Webinar Format
All Lines Muted
Q&A
Webinar Will Be Recorded
Slides Will Be Shared With All Participants
Provide Utah State Bar # for CLE
4. DEDICATED. DISTINGUISHED. DIVERSIFIED.
WHO WE ARE
Ourgoal istobethebestservice
providerin theindustry,notsimply
the bestinsurancebroker.Votedasa
UtahTopPlacetoWorkforsix years
andcounting,weprideourselveson
being differentthanthe competition.
AboutthisPresentation
Diversified Insurance Group is the sole owner and copyright holder ofthe document andthe
information contained herein. Further distribution orphotocopying is notpermitted without
the express written permission of Diversified Insurance Group.
Coverage analysis provided in this document is necessarily brief. The formal insurance
policies arethe final documents ofauthority. In the event of aloss, all terms, conditions,
exclusions, andother provisions ofthe actual policy will apply.
11. Disclaimer–CoverageIntentandClaimsAnalysis
Please be advised that any and all information, comments, analysis,
and/or recommendations set forth above relative to the possible impact
of COVID-19 on potential insurance coverage or other policy
implications are intended solely for informational purposes and should
not be relied upon as legal advice. As an insurance broker, we have no
authority to make coverage decisions as that ability rests solely with the
issuing carrier. Therefore, all claims should be submitted to the carrier
for evaluation. The positions expressed herein are opinions only and
are not to be construed as any form of guarantee or warranty. Finally,
given the extremely dynamic and rapidly evolving COVID-19 situation,
comments above do not take into account any applicable pending or
future legislation introduced with the intent to override, alter or amend
current policy language.
12. THANK YOU
• Diversified Insurance Group | 136 South Temple, Suite 2300, Salt Lake City, Utah 84111 | 801.325.5000 | www.diversifiedinsurance.com
14. 14
Things are changing rapidly. We are working extremely hard to keep
up with all that is happening. This webinar is based on available
information as of May 13, 2020, but everyone must understand that
this webinar is not a substitute for legal advice. If there are questions
about the information contained in the presentation and how it applies
to your business, then you should contact your legal counsel. This
presentation is not intended and will not serve as a substitute for legal
counsel on these issues. Given the complexity and rapidly changing
landscape, you must consult with your legal counsel on these issues.
Legal Disclaimer
15. 15
Employment Law – Managing Risk
Risk of lawsuits by EEs
Personal injury – workers compensation
Generally COVID 19 not covered by workers’ compensation
Seeing a slew of lawsuits across the country by EEs and
customers based on COVID 19 “negligence”
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Utah Liability Statute –
Not a Get Out of Jail Free Card
Limit risks of liability in lawsuits by
customers/employees/tenants related to COVID 19 illness
General rule – not liable . . . BUT
Exceptions
o Willful misconduct
o Intentional infliction of harm
o Reckless infliction of harm
Possible federal statute
17. 17
How to Manage COVID Risks – Three Ps
Plan
o People
• Who; when; staggering shifts
o Places
• Distancing
o Policies
• Cleaning; training; discipline; huddles
18. 18
How to Manage COVID 19 Risks – Guidance
and Document, Document, Document!
Plan needs to be rooted in federal, state, and local guidance
o CDC, OSHA, State of Utah, Counties (e.g. Salt Lake County)
Document, document, document – if it is not in a
contemporaneous document, it did not happen
o Explaining
o Training
o Discipline
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Current Issues Under PPP Loan Program:
Amnesty ends May 14, 2020
Good Faith Certification Standard
o [C]urrent economic uncertainty makes this loan request necessary
to support the ongoing operations of the Applicant.
o Available Liquidity (What Does this Mean?)
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Current Issues Under PPP Loan Program:
Dilution of Benefits of PPP Loan Program (IRS Notice 2020-32)
o Expenses Paid with Forgivable Fund Don’t Qualify for Expense
Deduction
• Legislation has been proposed to remedy
PPP Loan Landscape – Building an Airplane Mid-Flight
o DV Diamond Club of Flint, LLC
o Camelot Banquet Rooms, Inc.
o Other litigation and proposed legislation
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What Can PPP Borrowers Do Now?
Document Diligence and Decision Making Process at Time
of Need Certification
o Things You may have considered:
• Cost/Benefit of Workforce
Reduction
• Need for Employees
• Available Liquidity
• Cash Flow Projections
• Industry Impact
• Similarly Situated Organizations
• AR/AP Projections
• Supply Chain Disruptions
• Client/Customer Impact
• Business Closures
• Historical Access and Use of
Equity/Debt Capital
• Economic Trends and Forecasts
• Cost Saving Measures
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Documents to Maintain
Communications (email text, phone log etc.), both internal
and external.
Board meeting minutes, management discussions and
contemporaneous notes.
Excel spreadsheets and associated financial projections
and statements.
Records of phone calls or other correspondence.
Copies of diligence (studies, data, news articles or other
materials or broadcasts that were influencing decision
making.)
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Presenter Contact Information
Sean A. Monson
smonson@parsonsbehle.com
Matthew D. Cook
mcook@parsonsbehle.com
Steve Handley
shandley@diversifiedinsurance.com
Deborah Walling
dwalling@diversifiedinsurance.com