The 4th Circuit Court of Appeals, interpreting West Virginia law, recently took up an insurance coverage issue that arose from COVID-related shutdowns. Like many others, the insured claimed business-related losses from the closure of two of its locations. As with these other cases, the insurance policy did not cover the claims due to the physical loss requirement in the policy.

On December 17, 2021, the Sixth Circuit, in a 2-1 ruling, dissolved the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate either (a) employee vaccinations or (b) that unvaccinated employees wear protective face coverings with weekly COVID tests. The ETS permits employers to choose the compliance method, and does not apply to workers who exclusively work outside or from home.

A trade group made up of commercial general contractors recently filed a lawsuit in federal court calling into question the Small Business Administration's questionnaires used to aid in determining whether loans made under the PPP are subject to forgiveness. The lawsuit seeks to disallow any examination of the borrower’s financial condition after applying for the PPP loan because the required certification is limited to the time the certification was executed.

OSHA recently updated its reporting guidance for work-related confirmed hospitalizations due to COVID-19, as well as work-related COVID-19 fatalities.

In a recent case from the Bankruptcy Court for the Northern District of Illinois, the court addressed the tenant’s argument for relief under the lease’s force majeure clause, and ruled that the Governor's order suspending on-site operations prevented the tenant from partially performing under the lease.

OSHA recently issued updated guidance for the construction industry. It contains recommendations for engineering and administrative controls, as well as safe work practices and personal protective equipment, and contains links to pertinent CFR regulations.