This episode discusses what a denial of a motion to dismiss means in the COVID-19 business interruption cases. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/09/09/when-the-court-denies-a-motion-to-dismiss-covid-19/

Multiple awards and interim awards complicate arbitrations and often confuse efforts to confirm the "final" award.  This episode discusses a case that addressed this issue. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/09/02/partial-arbitration-awards-may-complicate-confirmation/

This episode is about an interesting case where a party was arguing that a new argument was a new claim for insurance purposes.  It didn't work.  This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/21/a-new-argument-in-a-case-is-not-a-claim-for-insurance-purposes/

Every so often, a claim is brought by a claimant or policyholder directly against the reinsurer.  Generally, that attempt fails.  This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/19/without-contractual-privity-claim-against-reinsurer-fails/

In this episode, we discuss a case where the dispute was about the failure to post collateral and the ramifications of that breach of contract. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/17/to-the-cedent-summary-judgment/

This episode discusses another case in the reverse preemption controversy over anti-arbitration laws and McCarran-Ferguson.  This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/13/no-reverse-preemption-leads-to-arbitration-under-the-new-york-convention/

Periodically, claimants seek to charge reinsurers with tort liability, but it is very difficult to sustain a claim in tort in a reinsurance contract dispute.  Under California law, this decision makes it clear that there is no tort liability in a reinsurance contract dispute under these facts.  This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/11/no-tort-liability-in-reinsurance-contract-dispute-under-california-law/

In this podcast, I discuss one of the earlier COVID-19 cases that dismisses a policyholder's case because of a lack of direct physical loss of or damage to property.  This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/06/direct-physical-loss-bars-coverage-for-covid-19/

Claims-made and occurrence policies are quite different.  When they combine to insure one policyholder as primary and excess policies, determining if the excess policy is triggered is tricky.  This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/10/19/when-claims-made-primary-and-occurrence-excess-policies-clash/

This podcast discusses the back-to-back presumption often assumed in reinsurance contract.  This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/10/back-to-back-presumption-prevails-to-key-cedents-reinsurance-recovery/