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Stay Up to Date on the Most Current COVID-19 Information with the following helpful links and articles:
Frequently Asked Questions Regarding Governor Kelly's Plan for Reopening Kansas Phase 1
Share how your business is responding to COVID-19. How are you helping your employees and/or community during this time of crisis.
May 15, 2020
The form and instructions inform borrowers how to apply for forgiveness of their PPP loans, consistent with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). SBA will also soon issue regulations and guidance to further assist borrowers as they complete their applications, and to provide lenders with guidance on their responsibilities.
The PPP was created by the CARES Act to provide forgivable loans to eligible small businesses to keep American workers on the payroll during the COVID-19 pandemic. The documents released today will help small businesses seek forgiveness at the conclusion of the eight-week covered period, which begins with the disbursement of their loans.
May 11, 2020
May 6, 2020
Letter to DOL reg. Federal WARN Act, letter sent to DOL on the WARN Act that put the DOL on notice that we are also seeking a legislative solution on the Hill as a part of COVID-4 legislation.
May 5, 2020
National Restaurant Association Extends FREE Training Until May 31, 2020
May 4, 2020
April 30, 2020
Executive Order No. 20-27, temporarily suspending certain rules relating to sale alcoholic beverages
Nat'l Restrnt Assoc Letter to House-Senate Leaders re CARES 3.5
Executive Order NO. 20-17, temporary relief from certain unemployment insurance requirements.
U.S. Dept. of Labor Announces - New Paid Sick Leave and Expanded Family and Medical Leave Implementation
Joint Trades COVID-19 Business and Employees Fund Letter - Addressed to Trump and Administration
Hospitality Travel Industry Letter Leases - Coalition letter National Restaurant Association sent to Governors and Mayors regarding emergency forbearance and rent abatement. A restaurant specific letter with additional asks will be coming soon.
March 23, 2020 - Governor Kelly finished a press conference and a new definition of mass gatherings will be issued tomorrow and change the number to 10 from 50. Additionally she addressed the move toward stay at home orders and will have a statewide framework tomorrow, 3/24/2020. Sedgwick County leaders are expected to decide on whether to goforward with a stay-at-home order.
Information on COVID-19 and Food Safety
ASSISTANCE FOR SMALL BUSINESSES - Additional guidance
The Paycheck Protection Program prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses.
Small businesses and eligible nonprofit organizations, Veterans organizations, and Tribal businesses described in the Small Business Act, as well as individuals who are self-employed or are independent contractors, are eligible if they also meet program size standards.
For a top-line overview of the program CLICK HERE
If you’re a lender, more information can be found HERE
If you’re a borrower, more information can be found HERE
The application for borrowers can be found HERE
March 20, 2020 - 10:00 AM
Hospitality Industry Relief Emergency Fund
March 19, 2020 - 10:30AM
As a program policy on license renewals during this COVID-19 situation, the Food Safety and Lodging Program at the Kansas Department of Agriculture are putting the following changes into place:
Frequently Asked Questions:
4. Are single use disposable gloves required for cash register operation?
Q. I have an employee on modified restriction and modified hours. They are currently receiving indemnity payments from our carrier. What happens if they are laid off?
A. If an employee is receiving partial indemnity because of work restrictions they should be encouraged to file for unemployment just as their co-workers. Employees cannot receive both unemployment and indemnity payments concurrently and when approved your workers’ compensation carrier would cease paying benefits. If they do not receive unemployment then their payments would revert back to total indemnity at two thirds of the average weekly wage.
National Association of Insurance Commissioners Statement on Business Interruption Coverage
WORKERS’ COMPENSATION INSURANCE
Workers’ compensation insurance covers work-related injury or illness-either sustained on business premises or due to business operations. Typically, workers’ compensation covers the employee’s medical expenses, rehabilitation costs, and at least some portion of their lost wages. Workers’ compensation policies typically cover only occupational diseases, which are diseases that are unique or peculiar to one’s job. Ordinary diseases of life are not covered. COVID-19 may be covered in certain limited circumstances depending on how the individual contracted it, their occupation, and the specific policy.
Insurance Premium Suspension- EMC, our newest insurer with our agency Hospitality Insurance Services Inc., has announced that they are going to comply with our request to suspend cancellations. We are hopeful our other carriers will comply with our request and take similar measures to provide aide to their policy holders.
Here is the EMC communication from today, 3/20/2020:
We realize the COVID-19 outbreak will have a significant financial impact on many of our policyholders, and in response, EMC is taking the following actions:
30-Day Hold on Cancellations: EMC
Count on EMC®
30-Day Hold on Cancellations: Columbia
We understand the significant impact the COVID-19 pandemic and the governmental responses associated with the outbreak has had on you, your clients, and communities. To assist your clients with some of the financial hardship created by these uncertain times, we have outlined steps we are taking to ease the burden.
• 60-Day Hold on Cancellations
We will suspend the mailing of all cancellation notices for non-payment of premium issued to commercial policyholders, lienholders, or additional interests for 60 days beginning March 23, 2020, and ending May 22, 2020. We will reevaluate this grace period as the expiration date approaches to determine if a further extension is appropriate. Cancellation notices that would have generated during this window of time will be sent the day after the grace period expires. This grace period is not a waiver for those past due payments.
We will continue to send invoices reflecting the balance due during the grace period. Any policy or account in cancellation pending status prior to March 23, 2020 will not be impacted by this grace period and must be dealt with on an individual basis.
• Midterm Payroll and Sales Adjustments
We understand that many of your hospitality and small business clients may be experiencing a shift in both sales and staffing that could significantly impact their projected annual revenues or payroll expenditures. Please reach out to your underwriter to review their current exposures and discuss any changes that may be appropriate. Please communicate to your clients that “work from home” does not affect how their payroll expenditures are calculated and may, in fact, actually increase their exposure given new risks presented by alternative work environments. Policies changed midterm will be subject to a mandatory audit to calculate the final premium amount.
• Delivery Exposures
In light of the unique burdens placed on your restaurant clients, we encourage the use of third-party delivery services like Doordash, Delivery.com, GrubHub and Uber Eats to handle their delivery exposure.
Should that not be a viable solution, ask your underwriter to attach our Food Delivery Limited Exclusion, BP391 (10-15) for our BOP and Safeguard policyholders. We will broaden the definition of catering to include deliveries made in lieu of dine-in customers due to restrictions placed by governmental authorities as a result of the COVID-19 virus outbreak. This broader definition will apply for a minimum of 60 days from the effective date of the endorsement. We will reevaluate events prior to the expiration of the 60 days to determine if the broader definition should be extended further. This coverage will not be extended to any umbrella policy associated with a policy or account, and the current auto exclusions on the umbrella policy will remain inforce. We will not write this coverage if there is a commercial auto policy associated with the insured through another carrier. If we write a restaurant on a package policy (CMP) or general liability policy (GL), or if we have the commercial auto policy for the account, your underwriter can work with you upon request.
In response to a number of questions we have received regarding Business Income in light of the impact of the COVID-19 outbreak, our Claims team has summarized some of our initial thoughts on these issues.
• General Information Regarding Business Income Coverage in light of COVID-19
We review every claim on its own merits, giving consideration to the applicable law in each jurisdiction. With that in mind, we thought it would be beneficial to share some general guidance with you regarding our primary business products given you have likely received a number of questions from your policyholders.
Below you will find an overview of the coverage afforded under our business polices based upon the information available at this time. This information is not an official coverage determination either in favor of or against coverage, but meant to provide general guidance for you and your customers. If you have specific coverage questions you may contact your local Claim Manager for additional information.
First Party Property Coverages and COVID-19
• BOP, Safeguard and CMP Policies: Loss of business from COVID-19 is not covered for either
business income or extra expense. Damage to the covered insured premises or property from a
covered cause of loss must occur for these coverages to apply. Further, both policies contain
exclusions for viruses that apply to all first party coverages.
o ISO form CP 01 40 07 06 is titled “Exclusion for Loss Due To Virus Or Bacteria” and
contains the following language:
B. We will not pay for loss or damage caused by or resulting from any virus,
bacterium or other microorganism that induces or is capable of inducing physical
distress, illness or disease.
o BOP and Safeguard policies contain the following language:
1. We will not pay for loss or damage caused directly or indirectly by any of the
following. Such loss or damage is excluded regardless of any other cause or
event that contributes concurrently or in any sequence to the loss. These
exclusions apply whether or not the loss event results in widespread damage or
affects a substantial area.
Virus Or Bacteria
(1) Any virus, bacterium or other microorganism that induces or is capable of
inducing physical distress, illness or disease.
• Civil Authority Coverages: For coverage to apply, damage from a covered loss must occur to another
property and such damage needs to be the reason for the civil authority to restrict access to the
insured property. Virus exclusions also apply to this coverage.
Kansas Insurance Department Regarding Business Interruption Coverage.
Businesses; I have a business interruption insurance policy for my business. Does it cover pandemic related losses?
Business owners are encouraged to read their policies closely. However, it is the Department’s understanding that it is unlikely that a business policy would cover losses related to COVID-19, as most business policies have communicable disease exclusions. Businesses should read their policies closely for all exclusions. Communications from the Kansas Insurance Department that provide general information should not dissuade a business from filling a claim if there is a possibility of coverage. If there is a question of coverage, business owners are encouraged to Page 2 reach out to their company and/or agent, and if needed should reach out to our Consumer Assistance Division at 1-800-432-2484. Complaints can also be emailed to email@example.com.
National Association of Insurance Commissioners Statement on Business Interruption Coverage
BUSINESS INTERRUPTION INSURANCE/EVENT CANCELLATION INSURANCE
Business interruption insurance coverage protects against losses sustained due to periods of suspended operations; it pays loss of revenue that would have been earned if there was no business interruption. It typically covers physical loss to property and may have specific exclusions for viral infections such as COVID-19. Contingent business interruption insurance policies protect against losses from supply chain disruptions, but may require the occurrence of property damage to trigger coverage. Cancellation insurance provides coverage for expenses arising from delays, rescheduling, or cancellations due to unforeseen covered events. Typically, policies exclude coverage for communicable diseases, such as COVID-19.
Kansas Restaurant & Hospitality Association, Thank you! They have done a wonderful job and we have become very dependent on their services. Their staff is outstanding in their assistance and guidance. I would recommend them to anyone seeking their services. Thank you!
"I would tell someone considering membership in KRHA, that their involvement in KRHA will not only potentially save them a lot of money thru their insurance products, it will also help them thru the Education Foundation and the educational products that we offer like ServSafe training, the insurance products and their ability to have their voice heard at the state and national level."