White Papers and Articles:

Should employers be subject to suit long after discriminatory acts occurred, even where one might believe a statute of limitations would preclude litigation? In the marquee case Lewis v. City of Chicago, the Supreme Court said yes, mirroring a spate of legislation and litigation imposing restrictions or liability on employers. In this white paper, we discuss the case and its relevance to Employment Practices Liability Insurance. Find out how this important decision may affect your business and risk profile.

The spreading decriminalization of medical marijuana is welcome news to many chronically ill and injured people, but it can be headache for employers. In part two of his series on employee medical marijuana use, Mark Noonan explores how employers can shield their drug policies from discrimination charges.

Perhaps the greatest benefit of borderless commerce is a worldwide pool of potential investors. Yet issuers must weigh this benefit against the potential for litigation anywhere in the world. As technology and business reshape traditional borders, legal and insurance matters become increasingly complex. Integro’s new white paper, “Morrison v. NAB: Will U.S. Courts Be a Safe Haven for Fraud?” explains the potential change to established securities law if the Supreme Court chooses to embrace the theory of “F-Cubed” jurisdiction.

Prior and pending litigation exclusions are designed to exclude from coverage matters which precede a policy’s inception date. A recent Connecticut Supreme Court opinion narrowly construed the exclusion to apply where a wrongful termination lawsuit arose out of facts asserted in a previous unemployment hearing. In “Developments in Employment Practices Liability Insurance: A Trap for the Unwary,” John Orr explains the significance of the prior and pending litigation exclusion and a potential pitfall that should be avoided.

In this issue, we examine the recent concerns involving head trauma injuries and the resulting claims for either traumatic brain injury and/or dementia. The NFL cases in California illustrate the hidden dimensions of this emerging issue. We also discuss the dilemmas faced by employers with our continually aging workforce and review the NCCI 2010 State of the Line report on workers' compensation.

Business bankruptcies in the U.S. increased by over 50% last year. Thus, it is critical that even the most solvent organizations appreciate the implications of bankruptcy, if not from a direct risk, then from an indirect perspective. This white paper discusses common issues that arise from insolvency— whether the bankruptcy is yours, your customer's, or your vendor's. It also highlights the necessary coverage reviews that should be undertaken to ensure that an insurance policy will work as expected in the event of a claim despite, or because of, an insolvency.

This edition of our workers' compensation newsletter explores a recent decision on protective gear; how Medicare and OSHA activities can impact workers' compensation; and a change in thinking from the American Medical Association (AMA).

As businesses rely increasingly on technology and digital information, volumes of data help employees work more efficiently, reach more customers, and engage in new activities. However, when digital constructs are used to threaten, destroy, or misuse data, the resultant property loss and destruction—as well as consequent damage—can be devastating. The insurance industry has responded with a variety of products to address these exposures, discussed in this issue.