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  • Current Landscape of Cybersecurity Enforcement, Compliance and Insurance
    04/27/2021

    You’re invited to join our panelists as they discuss the latest updates on cybersecurity enforcement, compliance best practices and insurance issues.

  • Richard Giller Discusses NIL Sports Insurance Issues in the “LEAD1 Angle” Podcast
    04/13/2021

    Pillsbury Insurance Recovery & Advisory partner, Richard Giller, was featured on an episode of Lead1′s podcast “LEAD1 Angle with Tom McMillen” to discuss name, image and likeness (NIL) insurance issues and topics that athletic departments should be aware of.

  • Is Contractual Privity Required for Additional Insured Status? Courts Are Divided.
    04/12/2021

    In a previous post, we addressed blanket additional insured endorsements and the role they play in passing insurance obligations downstream. In short, the purpose of a “blanket” endorsement is to grant additional insured status to any company as required in a written contract with the named insured. This obligation often begins in the prime contract where the owner requires additional insured status on the general contractor’s insurance. However, the general contractor typically attempts to pass this obligation downstream to its subcontractor by including a requirement in the subcontract that both the general contractor and owner are named as additional insureds. But what happens if there is no written agreement between the named insured and the company seeking additional insured status, or if there are multiple required additional insured entities and only some have contractual privity with the subcontractor?

  • Big Businesses Step Into Pandemic Insurance Coverage Fight
    04/08/2021 | Law360

    Science and specificity are likely to take center stage in pandemic-related insurance litigation, as big businesses add their heft to an area of law being tested in state, federal and appellate courts across the country, Law360 reported.

  • Insuring Political Risk in the United States
    04/07/2021

    On March 13, 2020, three plainclothes police officers forced entry into an apartment and fired some 32 shots. A woman sleeping in her bed was shot six times and died.

    On May 25, 2020, a Black man was killed during a routine arrest when a police officer knelt on his neck for 9 minutes and 29 seconds.

    On September 3, 2020, a woman drove her car into a crowd of Black Lives Matter protesters, injuring several people.

    On December 12, 2020, four people were stabbed in the Nation’s capital following a day of protesting by competing groups over the results of a democratic election.

    On January 6, 2021, thousands of insurrectionists pushed past a police blockade to breach the U.S. Capitol building while lawmakers were certifying the votes of a democratic election.

    On March 29, 2021, an elderly Asian woman was physically and verbally attacked on her way to church.

    On April 2, 2021, a man rammed his car into the security barrier near the U.S. Capitol building, killing one officer and injuring another.

    Unfortunately, as we all know, these brief summaries are merely a snapshot of the political and racial unrest that has been unfolding in the United States over the last year. During these trying times, various companies, from Nike to Estée Lauder, have begun speaking out in support of Black lives, police reform and the Asian community. Many companies also wrote to Congress in support of free and fair democratic elections and urged Congress to certify the electoral vote following the United States’ 2020 presidential election. This type of corporate soul searching is commendable. And, for many companies, showing public support for racial justice and equality and/or other democratic principles is fundamental to their culture and positioning as leaders in their marketplace.

  • Insurance Law Issues Impacting The Cannabis Industry
    03/30/2021

    Pillsbury Counsel Benjamin Tievsky will participate in a presentation discussing legal issues surrounding the cannabis industry presented by the NJSBA.

  • Law360 Reports: Versace Owner Says Routine Cleaning Can’t Stop COVID Harm
    03/25/2021

    A Law360 article reports on an Amended Complaint filed by Pillsbury’s award-winning Insurance Recovery and Advisory Group in a significant insurance recovery action seeking coverage for COVID-19 business interruption. The article reports that the Amended Complaint:

    • is a “beefed-up filing” where we “unleashed a deluge of scientific studies on COVID-19”; and
    • stated that “the arguments outlined in Tuesday’s filing could be a potential avenue around Mama Jo’s v. Sparta Insurance Co., a heavily cited decision in which the Eleventh Circuit held that policyholders must show their properties required physical repairs to constitute direct physical loss. A number of insurers have pointed to that ruling in shooting down COVID-19 insurance cases.”

  • Pillsbury’s Construction and Insurance Practices Both Shortlisted in Chambers USA 2021 Awards
    03/16/2021

    Both Practices Recognized in “Law Firm of the Year” Categories

    Pillsbury has been shortlisted for both “Construction Law Firm of the Year” and “Insurance: Policyholder Law Firm of the Year” in the 2021 Chambers USA Awards. Inclusion in the 2021 guide is based on Chambers USA’s research and reflects notable achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service. The full list of 2021 nominees can be viewed here.

  • Claims-Writing Ghosts Come Back to Haunt Insurers
    03/12/2021

    Insurers generally have a statutory duty to provide a legitimate factual and legal basis to deny a claim, and to discharge this duty sometimes engage in-house or outside counsel to assist in the investigation and handling of policyholders’ claims for coverage, including ghostwriting coverage correspondence and denials of coverage. The decision to outsource ordinary claims investigation and handling to legal counsel (putting aside that many claims handlers are lawyers) comes at a price. Two recent court rulings highlight that insurers’ decision to use in-house or outside counsel to ghostwrite coverage correspondence can come back to haunt them by waiving any alleged privilege.

  • NCAA to Pay $613 Million Revenue Distribution to Members if Tournament Completed
    03/03/2021 | CBS Sports

    Amid the financial downturn of 2020 and the ongoing impact of the COVID-19 pandemic, the NCAA confirmed that the NCAA Tournament’s entire $613 million revenue distribution will be paid to association members as long as all 67 games are completed.

  • Texas Winter Storms: Evaluating Business Interruption Claims Following a Large-Scale Disaster
    03/01/2021

    Responding to the Texas Winter Storm Crisis: Issue 2—Winter storms and wide-area events like the one that recently devastated Texas leave behind challenging questions about business interruption insurance coverage.

    The recent winter storms that impacted the vast majority of Texas crippled businesses, snarled supply chains and damaged utilities. Many businesses in the region and across the United States also suffered longer-lasting economic damage as the physical damage is repaired and operations restored. Those businesses will rightly want and need to recover payouts under their property and business interruption insurance policies to help offset their losses.

  • Preparing Your Personal and Business Insurance Claims
    02/22/2021

    Responding to the Texas Winter Storm Crisis: Issue 1

    The world is witnessing yet another dramatic weather event, this time in the southern states, especially Texas. The severe winter conditions in Texas have caused unprecedented hardship for Texans and devasting damage for nearly every industry sector. The extended and episodic power outages, cell phone and internet service disruption, water crisis, frozen roads, disruption of transportation and supply chains, shuttered industrial facilities and damage to public and private infrastructure will have a lasting impact on the region. While the current focus rightfully is on restoring critical systems and services to ensure the safety and well-being of Texans, as the crisis subsides there will be wide ranging legal and commercial considerations that require immediate and informed decision making.

  • An Insurer Takes Flak Over The College Athlete Coverage Bubble
    02/19/2021 | Sportico

    In 2013 International Specialty Insurance (ISI) hired former head of Hanleigh Insurance’s U.S. sport and entertainment division, Chris Larcheveque, marking the start of an explosion of new policies being issued, followed by turmoil.

  • Richard Giller Discusses Esports Risks in Business Insurance Magazine
    02/18/2021 | Business Insurance Magazine

    In Business Insurance Magazine’s Specialty & Emerging Risks 2021 issue, Pillsbury Insurance Recovery & Advisory partner Richard Giller discusses the potential physical risks involved with esports.

  • COVID-19 Business Interruption Losses: Time is of the Essence to Pursue Coverage
    02/11/2021

    “Service of Suit” limitation period to file is less than a month away.

    The United States declared a national emergency in response to COVID-19 on March 13, 2020, and states quickly followed with stay-at-home orders that impacted businesses and institutions nationwide. More than 10 months have passed since the COVID-19 pandemic emerged in the United States and the prevalence of the virus has had significant impacts, not only with respect to the number of people infected and lives lost, but also to the widespread physical damages and economic losses suffered by businesses.

  • Tamara Bruno Named a 2020 Insurance Rising Star by International Financial Law Review
    02/09/2021

    Tamara Bruno, a Houston-based partner for Pillsbury’s nationally-ranked Insurance Recovery & Advisory practice, was named an “Insurance Rising Star” by the International Financial Law Review (IFLR) in their 2020 Americans Rising Star Awards.

  • Is Your Insurance Program Ready for the Biden Administration?
    02/03/2021

    The Biden administration has hit the ground running with executive orders, regulatory and legislative priorities, and cabinet-level and other top posts being announced on a daily basis. Our public policy colleagues have been closely tracking many of the policy priorities of the new administration and highlighting important regulatory and legislative developments that businesses can expect coming down the pipeline.

  • California Federal Court Offers Clear Pathway to Coverage for Coronavirus/COVID-19-Related Business Interruption and Civil Authority Losses
    01/28/2021

    Since the beginning of the COVID-19 business interruption insurance coverage battles, insurers have labored to pour cold water on these claims—often hiring the biggest and wealthiest law firms in America to crush hair salons, motels, restaurants and bars represented by solo practitioners or lawyers with little prior insurance coverage experience. Not surprisingly, insurers have been successful in many of these early David-versus-Goliath cases (many of which involved policies with virus exclusions that the policyholders were seeking to avoid by pointing to government shutdown orders—and not the virus—as the sole cause of their loss), as we recently discussed. But the tide is turning as, increasingly, courts are applying the policies as written—rather than how insurers wished they had been written—and finding clear paths to coverage for COVID-19 claims. One such recent California federal district court case, Pez Seafood DTLA, LLC v. Travelers Indemnity Co., is a must-read for policyholders with COVID-19 losses, especially in California.

  • Don’t Be Fooled by the Numbers: How Insurance Companies Are Attempting to Create a False Narrative on COVID-19 Insurance Claims
    01/26/2021

    Since the novel coronavirus landed in America, the insurance industry has worked hard to create the impression that there is no coverage for business interruption losses resulting from the pandemic. For the most part, insurers have discussed the “intent” of the policies and avoided specific policy analysis. The insurer disinformation effort recently started including citations to lists of court decisions obtained to date—as if insurance coverage should be decided not on the terms of the contracts at issue but instead on the basis of an early win/loss record. A review of court statistics, along with two recent court decisions, expose the fallacy of the insurers’ argument.

  • Insurance Implications of “Returning to Normal”
    01/14/2021

    If 2020 was the year of the pandemic, 2021 appears to be shaping up to be the year of “returning to normal.” So far, most coverage disputes related to COVID-19 have been reactions to direct losses caused by the virus and related measures (i.e., relating to business interruption or event cancellation). In the upcoming months and years, however, many businesses will have to make proactive decisions on how to return to work. It is important for businesses to understand how those decisions may impact a variety of potential insurance coverages, including possible D&O coverage, as this post will discuss. Additionally, now that insurance companies have a better understanding of the types of risks involved with COVID-19, coverage terms and exclusions in policies issued after the pandemic may become drastically different.

  • Reminder: If You Have a COVID-19 Insurance Claim, Be Aware of Impending Policy Deadlines
    12/15/2020

    The United States declared a national emergency in response to COVID-19 on March 13, 2020, and states quickly followed with stay-at-home orders that impacted businesses and institutions nationwide. It has now been nine full months since the pandemic emerged in the United States and businesses began to shut down in the face of contamination and civil authority orders effecting restrictions on access to and use of their premises.

  • Recent Court Decisions Reflect Possibility of Coverage for Losses Suffered by Colleges and Universities Due to COVID-19
    12/11/2020

    Like many businesses, colleges and universities across the country have had to dramatically alter their operations in response to the coronavirus pandemic. Most students completed the spring 2020 semester through online instruction after campuses closed in response to rising infection rates and government shutdown orders. According to the Chronicle of Higher Education, roughly one-quarter of institutions of higher education are providing instruction this fall semester either fully or primarily in person, one-quarter are using a hybrid model, and the remainder operating fully or primarily online.

  • Pillsbury Elevates 11 New Partners for 2021
    12/07/2020

    Pillsbury announced that it has elevated 11 lawyers to partner, effective January 1, 2021. This year’s class reflects the firm’s broad strengths across industries and practices. The newly named partners advise clients in each of the firm’s four core industries—Technology & Media, Energy, Financial and Real Estate & Construction—and handle everything from business-critical financings and transactions to complex regulatory issues and high-stakes litigation.

  • Pillsbury Insurance Recovery & Advisory Practice Hailed As Practice Group of the Year by Law360
    11/30/2020

    Following another strong year of successes for clients, Pillsbury’s Insurance Recovery & Advisory practice has been selected by Law360 as a 2020 Practice Group of the Year winner. This latest recognition marks the group’s fourth such award, having previously earned Practice Group of the Year by the publication in 2017, 2016 and 2010.

  • Striking the Right Balance: Rep & Warranty Due Diligence Coverage
    11/16/2020

    Rep and Warranty Insurance (RWI) generally provides coverage for financial losses resulting from breaches of representations and warranties made by target companies or sellers in company purchase agreements. Like all insurance policies, RWI policies have exclusions. However, those exclusions, like RWI insurance, are highly specialized.

  • The U.S. News – Best Lawyers 2021 “Best Law Firms” List Awards Pillsbury with 90 Tier 1 Practice Rankings
    11/05/2020

    Pillsbury has earned a total of 162 national and regional practice rankings in the latest U.S. News – Best Lawyers 2021 “Best Law Firms” survey. Of those rankings, 27 were listed as national Tier 1 and 63 were listed as Tier 1 within their respective metropolitan markets.

  • Navigating D&O Fiduciary Duties in the Zone of Insolvency
    11/05/2020

    Pillsbury Counsel Benjamin Tievsky participates in a Strafford webinar providing bankruptcy counsel with a review of fiduciary duties of loyalty and due care owed by directors and officers to the corporation and shareholders as a company heads into insolvency and when those duties may be enforced by creditors.

  • Ninth Circuit Rejects “Improper Erosion” Argument, Rejects Excess Carrier’s Refusal to Acknowledge Exhaustion of Underlying Policies
    10/30/2020

    Last month, the U.S. Court of Appeals for the Ninth Circuit awarded Pillsbury client Northrop Grumman a significant appellate victory, reversing an adverse decision from the U.S. District Court for the Central District of California on a question of first impression within the circuit. The court’s decision in AXIS Reinsurance Company v. Northrop Grumman Corporation not only restores Northrop Grumman’s access to millions of dollars in insurance coverage; it provides stability and predictability in insurance law by rejecting an excess insurer’s assertion of wide-ranging authority to “second-guess” coverage decisions made by underlying insurers.

  • The Insurance Implications of COVID-19 in the Sports and Entertainment Industries
    10/23/2020

    Pillsbury partner Richard Giller will speak at the PLI virtual “Technotainment” conference covering COVID-19 impacts on the sports and entertainment industries.

  • A Policyholder’s Guide to Trade Credit Insurance
    10/19/2020 | Law360

    As the COVID-19 pandemic has roiled markets around the world, companies are now seeking out trade credit insurance—a form of coverage that shields a business against the risk of its customers failing to pay for shipments. “Trade credit policies are very valuable means of transferring [accounts receivable] risk, especially for companies that are transacting business across international borders,” said Pillsbury Insurance Recovery & Advisory partner Joseph Jean. “The key to transferring that risk is having the broadest coverage available, on the most simplified terms.”

  • Federal Contractors Argue Cyber Insurance Isn’t a Safe Bet for Better Security
    10/16/2020 | Nextgov

    Federal contractors fear a watchdog report on the government’s role facilitating coverage of cybersecurity risks—included in the House-passed National Defense Authorization Act—will lead to a mandate that their companies hold related insurance policies.

  • Out of the COVID Frying Pan: Valuing Business Interruption Claims from Wildfires in a Pandemic
    10/12/2020

    One word that aptly describes the devastation that is 2020 is “relentless.” The COVID-19 pandemic has caused both personal and economic suffering throughout the world for over six months. Against the backdrop of the already devastating effects of COVID-19, several regions in the United States have recently experienced powerful storms and historically large wildfires. The wildfires in the western United States and Canada have been especially catastrophic this year—burning millions of acres, forcing evacuations, damaging air quality, and creating blankets of smoke extending over much of the country. The fires have destroyed homes and businesses and will lead to hundreds or thousands of insurance claims under homeowners, commercial property, and business interruption policies.

  • The Production Company Behind Ben Affleck’s COVID-Stalled Film Sues to Protect Its Pre-COVID-19 Policy Coverages
    10/02/2020

    His daughter missing and a secret government program uncovered …

    Ben Affleck’s detective thriller Hypnotic was next in line to be on the actor’s list of blockbuster films. That is, until the COVID-19 pandemic halted the film while it was still in pre-production. To insure against such business interruption risks and delay, Hypnotic’s production company, Hoosegow (Hypnotic) Productions Inc., had purchased a Film Producer’s policy from Chubb National Insurance Company.

  • Pillsbury Among the Ten Most Feared Firms for Litigation, Says BTI Consulting
    09/30/2020

    In its annual Litigation Outlook 2021, BTI Consulting Group recognized Pillsbury as one of the ten most feared law firms for litigation. Beyond this overall recognition as an “awesome opponent,” Pillsbury earned particular praise as a standout performer in the class actions, cybersecurity disputes, complex commercial and commercial litigation categories.

  • The COVID-19 Insurance Wars Are Just Beginning
    09/23/2020

    We have been carefully monitoring the litigation filed across the country, where businesses are seeking coverage for the business interruption losses arising from the government closure orders issued to address COVID-19. Some of the Closure Orders expressly refer to property damage, but it is important to actually plead facts that address the language in the relevant insurance policy and the insured losses sustained. In all the trial court decisions we have reviewed so far, the policies generally cover property coverage and related business interruption where there has been a “direct physical loss or damage” to the insured premises. Many also include separate civil authority coverage for business interruption losses sustained if the premises are ordered shut or partially shut down due to properties within a defined radius of the insured premises suffering from “covered causes of loss”—again, generally physical loss or damage. Some of the policies also include virus exclusions, but early motions to dismiss have focused on the question of whether COVID-19 has caused physical loss or damage to the premises insured.

  • Managing Risks Related to Physical Space
    09/22/2020

    Never before have traditionally innocuous physical spaces presented such a great risk to society. As we turn the corner into the fall of 2020, and as the pace of large scale re-entry accelerates, our panel of acclaimed lawyers, scientists and business executives will discuss the biggest challenges keeping campuses and businesses up at night.

  • Current Insurance Issues Facing the Cannabis Industry
    09/15/2020

    Pillsbury Counsel Benjamin Tievsky will participate in a webinar hosted by the New Jersey State Bar Association discussing insurance coverage issues and considerations impacting cannabis businesses.

  • COVID-Related “Physical Loss or Damage” Is Subject to Interpretation
    09/11/2020 | Bloomberg Law

    This article was originally published September 11, 2020 on Bloomberg Law.

    As the Covid-19 public health crisis continues, the insurance industry has closed ranks behind the position that commercial property policies are “not designed” to cover pandemic-related losses, including business interruption. But the justifications advanced by insurance companies for this assertion often collapse under scrutiny of relevant policy language.

  • Hurricane Laura: Insurance Implications
    Category 4 Hurricane Laura strikes Louisiana coast causing significant damage. Those in the affected area should prepare for insurance recovery.
    08/28/2020

    • Historical Category 4 hurricane with sustained top wind speeds of 150 mph caused massive damage in Louisiana.
    • Business interruptions before and after landfall.
    • Certain steps are key to maintaining and maximizing insurance coverage.

  • Correcting the Record on Insurance Industry Hucksters and Novel Coronavirus/COVID-19 Coverage
    08/25/2020

    Businesses buy property insurance to protect their bottom line in the event that something bad results in lower sales or increased costs. Insurance companies seek to improve their bottom line by increasing sales and reducing their largest cost item, claim payments.

  • COVID-19 Business Interruption Litigation and Industry-Wide MDL Versus Insurer-Specific MDLs
    08/17/2020

    With hundreds of cases now pending nationwide involving insurance coverage claims for business interruptions stemming from the COVID-19 pandemic, a federal panel has been considering the prospect of consolidating the litigation into one multidistrict litigation (MDL) to promote their efficient resolution. On August 12, 2020, the panel issued a decision ruling out a single nationwide MDL, but leaving open the possibility of smaller, insurer-specific MDLs.

  • Studio 417 Finds Potential Coverage for COVID-19 Losses Under the “Plain and Ordinary Meaning” of “Physical Loss or Physical Damage”
    08/14/2020

    As the COVID-19 public health crisis continues to surge globally, the insurance industry has largely closed ranks behind the position that, with few exceptions, commercial property policies are “not designed” to cover pandemic-related losses, including business interruption. But the various justifications advanced by insurance companies for this assertion often do not hold up under scrutiny of the relevant policy language. Insurers have taken an early stand on the threshold issue of whether the actual or threatened presence of coronavirus and/or COVID-19 can even trigger coverage as a matter of law, telling both their insureds and the courts that the virus’s presence does not constitute “physical loss of or damage to property,” the event typically required for property policies to respond. In a decision of potentially national significance on this issue—and a resounding victory for the policyholder plaintiffs—a federal court in Missouri rejected this argument in an August 12, 2020, denial of an insurer’s motion to dismiss. In so doing, the court left the door open for potentially broad recovery for the insureds’ losses under multiple coverages in the policies at issue.

  • COVID-19 Business Interruption Litigation May Be Consolidated for a Select Few
    08/13/2020

    The Joint Panel on Multidistrict Litigation declines petitions for an industry-wide MDL, but will consider four insurer-specific MDLs.

    With hundreds of cases now pending nationwide involving insurance coverage claims for business interruptions stemming from the COVID-19 pandemic, a federal panel has been considering the prospect of consolidating the litigation into one multidistrict litigation (MDL) to promote their efficient resolution. On August 12, 2020, the panel issued a decision ruling out a single nationwide MDL, but leaving open the possibility of smaller, insurer-specific MDLs.

  • COVID-19 Business Interruption Litigation May Be Consolidated for a Select Few
    08/13/2020

    With hundreds of cases now pending nationwide involving insurance coverage claims for business interruptions stemming from the COVID-19 pandemic, a federal panel has been considering the prospect of consolidating the litigation into one multidistrict litigation (MDL) to promote their efficient resolution. On August 12, 2020, the panel issued a decision ruling out a single nationwide MDL, but leaving open the possibility of smaller, insurer-specific MDLs.

  • Richard Giller Featured in The Ross Tucker Football Podcast
    08/11/2020 | The Ross Tucker Football Podcast

    Richard Giller, Insurance Recovery & Advisory partner at Pillsbury, was featured as a guest on The Ross Tucker Football Podcast where Richard analyzes the different types of disability insurance policies for athletes including permanent total disability, temporary total disability, loss of value and critical injury and illness coverages. Listen to the full episode here.

  • Insurance Coverage for COVID-19 “Back to Office” Expenses
    08/05/2020

    As businesses around the world continue to assess when and how to reopen their offices, the marketplace has become saturated with innovative “back to office” products and services. Whether a business chooses to invest in the latest body temperature scanner (such as Kogniz, a thermal security platform that uses AI to track fevers from a distance), room occupancy monitor (such as Density, which measures the depth and body patterns of people walking through doors to ensure social distancing is enforced), or UV light sanitizing stations and self-sanitizing keyboards (such as the Cubby and Defender), the decision may be influenced, in part, by the availability of insurance coverage for the additional investment. At a more basic level, businesses may provide workers with personal protective equipment (PPE), such as masks, gloves and hand sanitizer, or make changes to their workspaces such as social distancing signage.

  • Disgorgement/Restitution Defense Continues to Lose Steam in Wake of Supreme Court Decision in Liu v. SEC
    07/23/2020

    Late in June, the U.S. Supreme Court issued a decision in Liu v. SEC, a closely watched case in which the Court in an 8-1 opinion curtailed the authority of the Securities and Exchange Commission (SEC) to seek disgorgement of profits from private parties in judicial enforcement proceedings. The Court articulated restrictions on the SEC’s disgorgement power, including (1) limiting disgorgement amounts to the net profits from wrongdoing, (2) limiting the SEC’s ability to seek disgorgement of profits on a joint and several basis, and (3) directing the SEC to return disgorged monies to aggrieved investors rather than depositing them in the U.S. Treasury. Although it does not address insurance issues directly, the Court’s analysis of the disgorgement remedy is bound to revive discussion of the issue of insurability of losses suffered as a result of settlements or judgments characterized as disgorgement.

  • Schools Ask Athletes to Accept Health Risks Amid the Pandemic
    07/21/2020 | Wall Street Journal

    Pillsbury Insurance Recovery & Advisory partner Richard Giller was quoted in the Wall Street Journal on the future of collegiate sports as several universities are asking athletes to accept the health risks of playing during the pandemic. The quotes originated from Giller’s webinar with the LEAD1 Association entitled ‘Survive and Advance: Understanding the Legal and Cultural Impacts of COVID-19 on College Sports.’

  • Appraisal May Be a Viable Option for Policyholders When Damages Calculations Are Contested
    07/20/2020

    Even if an insurance company attempts to deny its coverage obligations, there are still processes that a policyholder can explore, short of litigation, that could resolve a coverage dispute. Appraisal is an alternative dispute resolution process designed to efficiently resolve measurement disputes between policyholders and their insurers. Appraisal can streamline a coverage lawsuit and narrow the disputed issues—it may even limit the need for expert reports and depositions. There is a strong public policy favoring appraisals throughout the country, not only because they may provide a less expensive alternative to litigation, but also because appraisal rulings are enforceable and strictly applied in court. Some states even require that form standard insurance policies include an appraisal clause requiring either party to, on demand, submit a dispute over the amount of a loss to an appraisal panel. (See Virginia Code § 38.2-2105; Cal. Ins. Code § 2071; McKinney’s Ins. Law§ 3404; N.J.S.A. § 17:36-5.20.) That panel typically consists of two appraisers, who select an umpire.

  • COVID-19: Pandemic Risk Insurance Act Can Have a Positive Impact on American Sports
    07/14/2020 | Sports Business Journal

    In the latest installment of Sports Business Daily, Pillsbury Insurance Recovery & Advisory partner Richard Giller and Public Policy partner Brian Finch explored the new Pandemic Risk Insurance Act (PRIA) and its positive effects on sports in the U.S.

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