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The Red Zone: College Football and the Risk/Reward of Loss-of-Value Insurance

As summer turns to fall, football fans around the country are brimming with excitement for the 2022 college football season to kick off. This upcoming season is particularly notable as it marks the second year of what has now been dubbed the “NIL Era” of college football—referring to college athletes’…

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Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to cover costs for employees who may now need to travel out of state…

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Forced to Flee: Insuring Against Political Risks

IKEA’s Billy bookcase—so popular that one is reportedly sold every 10 seconds—recently got even cheaper, at least for Russians. IKEA is holding a fire sale as the company closes its stores and exits the Russian market. The Swedish furnituremaker’s exit from Russia is just the latest in a string of…

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“Stranger Danger”: The Perils of Loss Portfolio Transfers and Third-Party Administrator Claims Handling

The past several decades have muddied what once was a clear relationship between policyholders and their insurers. For pre-1987 occurrence-based policies in particular, policyholders face an increasingly familiar scenario: one day, they learn they are no longer dealing with the insurer that sold them insurance. A stranger has crept into…

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California Appellate Court Rules for Policyholders on COVID Coverage Appeal

On July 13, 2022, the California Second District Court of Appeal issued a published decision reversing a trial court’s dismissal of a policyholder’s COVID-19 coverage claim. In Marina Pacific Hotel & Suites, LLC v. Fireman’s Fund Insurance Company, the Court took two remarkable steps in the context of nationwide COVID-19…

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Ohio Appellate Court Ruling Is a Reminder that Cyber Coverage Can Be Found in Unexpected Places

As the number and severity of cyberattacks rise, the importance of insurance coverage to offset resultant loss becomes increasingly important. An opinion issued by the Ohio Court of Appeals is a happy reminder that there may be coverage for cyber-related loss even if you did not buy cyber-specific insurance and…

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Cyber Insurance Premiums and Demand Surge After Boom of Costly Cyberattacks

The frequency and severity of cyber incidents, particularly ransomware attacks targeting businesses and critical infrastructure organizations, have been on the increase and are unlikely to subside anytime soon. Higher claim counts and loss severity have led to significant and continuing increases in cyber insurance losses. Insurers have made up for…

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The Louisiana Court of Appeal Gets It Right on COVID Coverage

This week the Louisiana Court of Appeal found coverage for coronavirus and COVID-19 claims by reading the actual insurance policy language and relying on long-established precedent governing the interpretation of insurance policies. Particularly, the court found that the presence of coronavirus on the insured premises that slowed down the business…

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Under the Right Circumstances: Some Considerations for Submitting a Notice of Circumstances

An oft-repeated maxim in self-help literature is: “Do not let your circumstances define who you are.” In a similar vein, policyholders should proactively manage situations in which known circumstances may potentially give rise to an eventual claim. Suppose a company perceives the potential risk of litigation or a government investigation.…

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No Way Home: Coverage Implications of Russia’s Seizure of Foreign-Owned Aircraft

Ten billion dollars. Russian airlines lease an estimated $10 billion worth of foreign-owned aircraft. Most of these aircraft are leased from companies based outside Russia—often in Ireland, a global aircraft-leasing hub and European Union member. After Russia invaded Ukraine, the European Union imposed a ban on the supply of aircraft…