Denmon Pearlman - June 2020

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The LEGAL LEDGER

P E R S O N A L I N J U R Y A N D T R I A L L A W Y E R S

T here’s nothing “small” about owning and Thanks to COVID-19, the daily hurdles small-business owners — namely those in the restaurant, hotel, and tourist industries — are facing have been exacerbated. operating a small business. There’s plenty of competition, margins are slim, and hard work needs to be done in order to keep the lights on. During a pandemic, all this is magnified. Like many states, Florida issued a stay-at-home order this spring to limit the spread of the virus, which effectively shut down our economy. Hoteliers are projecting a 50% loss in profit for 2020, while restaurants are struggling to get by on shoestring budgets with limited cash flow. All of this comes as Florida hits peak tourist season. Business interruption insurance exists for this very reason, but in true insurance industry fashion, many business owners filing a claim are hitting a brick wall. Why is this happening? The answer is simple: Insurance companies always protect their bottom line before helping the insured. The focus is often on protecting their profits rather than protecting those who are paying for service. But that doesn’t mean small-business owners should stop fighting! In fact, they have a right to that compensation after paying years of high premiums to protect themselves. If you’re facing tremendous business and profit loss due to COVID-19, then here DENMONPEARLMAN.COM PROTECT YOUR BUSINESS 6 STEPS TO RECEIVE COMPENSATION THROUGH BUSINESS INTERRUPTION INSURANCE

JUNE 2020

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are a few steps to help you through the business interruption insurance claim process.

1. DO YOU HAVE THIS INSURANCE? The first step is to call your broker or insurance claims representative to confirm that you have business interruption insurance or loss of income insurance. If you don’t, then consider investing in this protection, and in the interim, look to other resources for compensation. 2. DON’T BELIEVE THE HYPE. If you do have this insurance, then your broker will likely say that it will not apply to COVID-19. As a representative of the insurance company, the broker has been told that the company will deny these claims, but the broker is not the expert on how courts will interpret these claims. Keep moving forward if you hear this. 3. ASK FOR A COPY. Have your broker send you a copy of the declaration page of your policy. This will provide you with all the information you need to make a claim. 4. REVIEW IT! All policies are written differently, and getting into the nitty-gritty of what’s possible and how individual state laws may impact you is vital to understanding your claim. Not all the language in these agreements is easy to understand, so contact our team if you need help. 5. FILE FOR COMPENSATION. Once you understand what your policy covers, you can submit a formal claim. You have two options for business loss claims in the era of COVID-19: lost income due to COVID-19 or lost income due to the civil mandate to shut down due to COVID-19. It’s vital that you make both claims if you can because your insurance company may break up the sub-limits of what is paid out into different categories. Making two claims allows you to optimize what may be available to you.

THERE’S NOTHING ‘SMALL’ ABOUT OWNING AND OPERATING A SMALL BUSINESS.

6. FIGHT THE DENIAL. Your insurance company will likely deny your claim because many will suggest COVID-19

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THE BEST WAYS TO HELP LOCAL NONPROFITS IN CHALLENGING TIMES out your closet. What clothes, shoes, or other

O ver the past several months, families, businesses, and nonprofits have had to navigate life in this challenging “new normal,” and it can be hard to support your favorite nonprofits when times are tough. Here are a few ways you can help these important entities, even when you don’t have resources to spare right now. DONATE While many people donate generously during the holiday season, remember that nonprofits need donations throughout the year, and different nonprofits need different things. A monetary donation can often go a long way, but never feel obligated to give money, especially when your budget may be tight. Instead, consider cleaning

from donors and to deliver food to people in need, such as the elderly or those with disabilities. ADVOCATE Even if you don’t have time or resources to give, you can become an advocate for important causes around your community. While it might not seem like much, sharing information about local nonprofits on social media can make a genuine difference. Nonprofits need exposure, which is greatly boosted through community support. Sharing useful information about nonprofits — or sharing their posts — increases their visibility so more people will take action.

accessories can you part with? What about dishware or small appliances? When you clean out your home and donate unused items, you benefit those in the community who need them most. VOLUNTEER In a time of social distancing, volunteering may be discouraged, but nonprofits still need volunteers to operate. The good news is that many nonprofits need volunteers for positions that maintain social distance, such as driving. Food banks and kitchens need drivers to pick up donations or ingredients

CAN SOCIAL MEDIA IMPACT MY PERSONAL INJURY CASE?

Social media is an integral part of our lives. It connects us to the world in ways previously unavailable, and it can make the distance between family and friends feel shorter. But social media isn’t without its dangers. In addition to potential privacy violations, information stealing, and harassment concerns, social media can also be detrimental to your personal injury case — and other legal proceedings, for that matter. Insurance companies or defendants are going to do everything in their power to discredit your claim and use your words or actions against you. Everything on your social pages can be used by defendants and insurance companies in legal proceedings. So, always avoid posting rants, complaints, or overviews of your legal case on social media. Your attorney should be in charge of what’s released, and you do not want to unintentionally let something slip that could be used against you. For example, what might appear as a harmless post letting your family and friends know you are okay following a car accident could be used by your insurance company to downplay the extent of your injuries and vehicular damage. What’s more, the

posts you are tagged in, like, or share can also be used against you in your personal injury case.

When hearing this, many victims seeking injury claims may rush to delete their social media accounts or posts, but pause before doing this. As suspicious as a few negative posts may be, a completely empty or silent social media account can be just as damning. Instead, find the balance between sharing and oversharing. Post harmless photos of your meals or reminisce with others through old photos. Be mindful of what you share, and ask your friends and family to limit the posts they tag you in while your case is working its way through the legal system. In summary, keep the content light and limit how much you post to avoid providing the defense with anything they can use through unscrupulous tactics. If anything, use this time to take a break from social media and focus on the in-person connections in your life. These just may be some of the greatest support you receive in your healing process. If you have additional questions about what can affect your personal injury case, then contact our team today.

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BON VOYAGE? PLANNING A SUMMER VACATION ON A BUDGET, DURING A PANDEMIC

Inspired by BonAppetit.com It’s sweet. It’s savory. It’s the embodiment of summer!

INGREDIENTS

8 oz buffalo mozzarella or fresh mozzarella

8 oz ripe fresh figs, quartered lengthwise

Handful of basil leaves, roughly chopped

Flaked sea salt, to taste

With this spring’s COVID-19 pandemic effectively shutting down schools early, one silver lining for many kids is a longer summer vacation. Now that June is finally here, your kids or grandchildren may be looking for something new to do, so it’s the perfect time to plan that quintessential summer trip. But in the midst of a pandemic and with a strict budget, you may be wondering how that can even be possible. Here are a few questions to ask to get you started!

Coarse ground black pepper, to taste

Olive oil, to taste

DIRECTIONS

1. Tear mozzarella into bite-size pieces. Arrange on a platter. 2. Place quartered figs, flesh up, around mozzarella. 3. Sprinkle basil leaves over top. 4. Season with salt and pepper to taste. 5. Drizzle with olive oil.

WHERE ARE YOU GOING?

It’s crucial to save up for that summer vacation, but before you even begin setting money aside, consider what you want to do. Less than two hours away from St. Pete, Disney World may be the first option on your list, but it may be safer (and more affordable) for your family to camp in one of our nearby local or state parks or to rent a beachside cabin. It may also be more beneficial to stick close to home and check out less densely populated attractions.

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HOW MUCH WILL IT COST?

has not created a “physical loss,” meaning your space still exists, and you may still be able to operate. But don’t be discouraged! There are many ways we can fight this. For starters, numerous cases have set a precedent that a virus can lead to evidence of physical loss. In addition, insurance companies create contracts with ambiguity to protect themselves, but this also opens the door for interpretation. As such, the court should interpret these in a way that favors the insured. You deserve business compensation and protection during this uncertain time, and it all starts with a little digging. If you run into any issues, then we’re here to fight for you. We will always have your back.

With your destination set, begin budgeting. Determine how much money you need to save up for travel, excursions, food, and more, and commit to putting a portion of each paycheck aside for the trip. Even $20 can make a difference! Get your kids involved and teach them the value of saving, too, by setting aside 10% of their allowance for spending money on the vacation. Track your savings on a poster board in the family room or on a shared spreadsheet and watch the anticipation of your trip grow along with your savings!

WHAT IF YOU CAN’T GO?

With so much uncertainty surrounding travel, you have to be prepared for your trip to be canceled or postponed. You could look into travel insurance, but there are many plans that are limited in what they can offer you in these scenarios. (Most offer payouts if you get sick, however.) If your trip is canceled, don’t consider it a total loss! Look to ways you can still “escape” without ever leaving home. Turn your backyard into a campground or video chat with the grandparents if you can’t visit them this summer.

–The Denmon Pearlman Team

P.S. Learn more about business interruption insurance, making a claim, and disputing a denial at DenmonPearlman.com.

Wherever you go this summer, have fun and stay safe!

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DENMONPEARLMAN.COM

6 Steps to Succeeding at Business Interruption Insurance Claims

Help Local Nonprofits in Challenging Times The Legal Implications of Social Media

Vacationing During a Pandemic: How to Budget and Plan Fig Caprese Salad

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Have the Olympics Ever Been Postponed Before?

TIMES THE OLYMPICS WERE CANCELED

AND THE POSTPONEMENT OF THE 2020 TOKYO GAMES

I n late March, amid the global spread of COVID-19, the International Olympic Committee announced the postponement of the 2020 Olympic Games. They were slated to take place in Tokyo, Japan, this summer, but they will now happen in the summer of 2021. While this is an unprecedented decision, it’s not the first time that major global events have affected the Olympic Games or which countries participated. Since the inception of the modern Olympic Games in 1896, they have been outright canceled three times — 1916, 1940, and 1944. The first cancellation of the Olympic Games happened during World War I. The German Empire was supposed to host the games in Berlin, but by the time 1916 rolled around, Europe was deep in the trenches of WWI. Many nations had sent their athletes to fight in the war, so the games were canceled. World War II caused the next two cancellations. The 1940 Olympics were initially scheduled to be held in Tokyo. It would have been the first time the games were hosted by a non-Western country, but Japan forfeited the right to host when they invaded

China in 1937. The games were then rebooked for Helsinki, Finland, but after Nazi Germany invaded Poland in 1939 and started WWII, those games were scrapped as well. Since the fighting hadn’t ceased by the time the games were supposed to happen in Cortina d’Ampezzo, Italy, in 1944, the Olympics were canceled again. Though the Olympics have happened on schedule since the end of WWII, the United States has not always participated. In 1980, when the U.S. boycotted the Olympics that were held in Moscow, Russia, in protest of the Soviet Union’s invasion of Afghanistan, 64 other nations followed suit. However, those games still went on as planned and 80 countries participated. The fact that major global conflicts are the only other events that have been catastrophic enough to affect the Olympics might be distressing and elevate anxiety about our current global health crisis. However, it’s important to keep in mind that the Olympics have only been postponed this time, not canceled. We’ll still get to cheer on our favorite Olympians next year.

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