|2014 - Present||Visiting Professor, Penn State Law|
|2013 - 2014||Visiting Professor, University of Pittsburgh School of Law|
|2013 - 2013||Adjunct Professor, Duquesne University School of Law|
|2012 - 2013||Visiting Assistant Professor, Villanova University Charles Widger School of Law|
|2010 - 2010||Adjunct Professor, Duquesne University School of Law|
- Insurance Law
|1988 - 1991||J.D., Harvard Law School|
|1984 - 1988||B.A., Columbia University|
Five Approaches to Insuring Cyber Risks Maryland Law Review (2021)
Cyber risks are some of the most dangerous risks of the twenty-first century. Many types of businesses, including retail stores, healthcare entities, and financial institutions, as well as government entities, are the targets of cyber ...
America on Fire: Climate Change, Wildfires & Insuring Natural Catastrophes U.C. Davis Law Review (2020)
America is on fire. The damage, destruction, and loss of life caused by wildfires have exploded over the past few decades. Nine of the ten worst fire seasons have occurred in the past fifteen years, ...
COVID-19 Business Interruption Insurance Losses: The Cases For And Against Coverage Connecticut Insurance Law Journal (2020)
The financial consequences of the government-ordered shutdowns of businesses across America to mitigate the COVID-19 health crisis are enormous. Estimates indicate that small businesses have lost $255 to $431 billion per month and more than ...
Forum Shopping COVID-19 Business Interruption Insurance Claims University of Illinois Law Review Online (2020)
Insurance disputes are typically governed by state law, and state insurance laws vary considerably, with some states being favorable to policyholders and others being unfavorable. With forum shopping, a plaintiff often has many choices regarding ...
Dual Regulation of Insurance Villanova Law Review (2019)
Since this country was created, the insurance industry has been principallyregulated by the states with infrequent Congressional interventions.As the insurance industry has evolved in recent decades, however, individualstates have become unable to adequately regulate some ...
Insuring Against Cyber Risk: The Evolution of an Industry (Introduction) Penn State Law Review (2018)
Cyber risks are the newest risks of the 21st century. The breadth and cost of cyber attacks are astonishing. Worldwide damages caused by cyber attack are predicted to reach $6 trillion by 2021. Between 2015 ...
Hurricanes, Fraud, and Insurance: The Supreme Court Weighs in on, But Does Not Wade Into, the Concurrent Causation Conundrum in State Farm Fire and Casualty Company v. Rigsby University of Pennsylvania Law Review Online (2017)
In the December 6, 2016 Supreme Court decision, State Farm v. Rigsby, a homeowner’s house was damaged by Hurricane Katrina. The homeowner had homeowners insurance with State Farm and a flood insurance policy that was ...
Insurance Policies: The Grandparents of Contractual Black Holes Duke Law Journal Online (2017)
In their recent article, The Black Hole Problem in Commercial Boilerplate, Professors Stephen Choi, Mitu Gulati, and Robert Scott identify a phenomenon found in standardized contracts they describe as “contractual black holes.” The concept of ...
Understanding Insurance Policies as NonContracts: An Alternative Approach to Drafting and Construing These Unique Financial Instruments Temple Law Review (2017)
Insurance policies commonly are understood to be a species of standardized contracts. This Article challenges that conventional wisdom and argues that insurance policies do not actually qualify as contracts under the doctrinal and theoretical bases ...
Sex, Videos, and Insurance: How Gawker Could Have Avoided Financial Responsibility for the $140 Million Hulk Hogan Sex Tape Verdict Southern California Law Review Postscript (2016)
On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes ...
The Insurability of Claims for Restitution University of Pennsylvania Journal of Business Law (2016)
Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the ...
A Battlefield Map for NFL v. Insurance Industry Re: Concussion Liabilities San Diego Law Review (2016)
When the superstar athlete -“Iron Mike” Webster - a 9-time National Football League (NFL) Pro Bowler, 4-time Super Bowl Champion, Hall of Fame center for the Pittsburgh Steelers died at age 50 with severe brain ...
Insuring Landslides: America’s Uninsured Natural Catastrophes Nevada Law Journal (2016)
Landslides occur in all fifty states and cause approximately $3.5 billion in property damage annually. Yet, in America, “all risk” homeowners and commercial property insurance policies exclude coverage for landslides, and there is only limited ...
Revisiting Construction Defects As “Occurrences” Under CGL Insurance Policies University of Pennsylvania Journal of Business Law (2016)
Imagine a situation in which a homeowner hires a contractor to redo a bathroom, for example, and the work is done incompetently such that the plumbing leaks and causes damage to other parts of the ...
Insuring Floods: The Most Common and Devastating Natural Catastrophies in America Villanova Law Review (2015)
Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately ...
The Aftermath of Catastrophes: Valuing Business Interruption Insurance Losses Georgia State University Law Review (2014)
With the onslaught of tornadoes, hurricanes, and floods in recent years, business interruption losses have been staggering. Many businesses do not survive such catastrophes. Even business owners that purchased business interruption insurance, which is intended ...
Segmented Settlements Are Not the Answer: A Response to Professor Squire’s Article, How Collective Settlements Camouflage the Costs of Shareholder Lawsuits Virginia Law & Business Review (2013)
In his recent article, Professor Richard Squire offers a provocative theory in which he claims the underlying claimants in shareholder litigation against corporate policyholders are overcompensated due to what he describes as “cramdown” settlements, under ...
Debunking The Myth that Insurance Coverage is Not Available or Allowed for Intentional Torts or Damages Hastings Bus. L. J. (2012)
Over the years, a myth has developed that insurance coverage is not available or allowed for intentional injuries or damage. This myth has two primary bases: one, the “fortuity” doctrine, which provides that insurance should ...
The “Ensuing Loss” Clause in Insurance Policies: The Forgotten and Misunderstood Antidote to Anti-Concurrent Causation Exclusions Nevada Law Journal (2012)
As a result of the 1906 earthquake and fire in San Francisco which destroyed the city, a clause known as the “ensuing loss” clause was created to address concurrent causation situations in which a loss ...
The “Non-Cumulation Clause”: an “Other Insurance” Clause by Another Name Kansas Law Review (2012)
How long-tail liability claims such as asbestos bodily injury claims and environmental property damage claims are allocated among multiple triggered policy years can result in the shifting of tens or hundreds of millions of dollars ...
Construction Defects: Are They “Occurrences”? Gonzaga Law Review (2011)
An issue in the area of insurance law that has been litigated frequently in recent years is whether construction defects are “occurrences” under Commercial General Liability (“CGL”) insurance policies. The courts have been divided in ...