By Attorney Chris Hayden

The COVID-19 pandemic has had far-reaching economic impacts throughout the United States and Wisconsin. However, with funding assistance from the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, Governor Tony Evers and his administration continue to invest in communities and industries throughout the state to promote resiliency and recovery. As of August 2020, the State of Wisconsin has launched a website allowing the public to see how these funds are actually being allocated to different assistance programs and initiatives. This continues Governor Evers’ commitment to more transparency in government.

How Relief Funds Have Been Used

The Governor’s Office reports a total of $1.72 billion in investment so far, with the following programs each receiving funding in the tens of millions or more:

By Attorney Chris Strohbehn and Attorney Russel Karnes

https://www.youtube.com/watch?v=lMlwuB5yJQ4&list=PL1mhkUswAfWZt5ugyTIyQKAvIfT7qxtFL&index=25&t=15s

Business interruption insurance helps replenish lost income and pay for additional expenses when a business is affected by a fire, natural disaster, or break-in. Typically, business interruption insurance involving a pandemic, such as COVID-19, is uncommon. However, with thousands of businesses throughout the state affected by coronavirus, the state of their current affairs remains uncertain. It is important to understand how business interruption coverage can protect your Wisconsin business, so you are prepared for the future.

By Attorney Jaclyn Kallie

The impact of the COVID-19 outbreak continues to escalate each day. Issues continue to arise both due to the outbreak itself and as a result of our response to it. We will continue to monitor the legal implications of the pandemic and help address legal and practical issues that may arise during this challenging time.

The COVID-19 pandemic presents multiple different types of potential contractual issues.  Of particular importance is a force majeure clause that may be present in a contract. A force majeure clause is intended to address a potential “force of nature” disruption that may excuse performance of a contract. Even if a contract does not have a force majeure clause, it may still be possible to excuse performance under other legal theories, including frustration of purpose.

By Attorney Jaclyn Kallie

Courts in each county, as well as the Eastern and Western Districts of Wisconsin, have responded differently to COVID-19 by implementing a variety of measures that are affecting existing and contemplated civil litigation matters. We are continuing to monitor these announcements and are committed to providing you with the most up-to-date information as it becomes available. Most notably, on March 22, Justice Bradley issued an order suspending all civil jury trials scheduled prior to May 22 and temporarily suspending all in-person proceedings statewide, with certain limited exceptions. Many hearings and court conferences can and will continue to occur by remote attendance. Likewise, mediations and depositions can also be conducted remotely. While remote technology can provide an alternate solution to certain aspects of litigation, not every court will be as sympathetic as others with regard to extensions, and parties need to remain mindful of existing deadlines. 

Last week, Governor Tony Evers instituted a Stay-At-Home Order, ordering the non-essential workforce to stay at home. While necessary to fight COVID-19, the governor’s order will have significant and wide ranging legal consequences.

By Attorney Chris Strohbehn and Law Clerk Nathan Froemming

Business Interruption Insurance Coverage

With COVID-19 spreading rapidly, Wisconsin Governor Tony Evers issued an executive order on March 17th forcing restaurants and bars across the state to close their doors. As a result, restaurant and bar owners are losing significant income, and they will be likely to incur additional expenses because of the coronavirus pandemic. These disruptions are likely to lead to a significant increase insurance claims by tavern owners against insurance policies that offer business interruption coverage. Whether these claims will be covered will depend on the terms and conditions included in a policy, as well as the circumstances surrounding the losses suffered by the bar or tavern.

Successful business interruption insurance claims regarding infectious diseases are uncommon. In fact, the law regarding business interruption coverage related to epidemics or pandemics of infectious diseases is limited in the U.S., and these types of cases are often unique.