The Known Loss Doctrine and Liability Insurance

Insurance coverage is premised on the concept of fortuity – a loss that occurs by chance or accident. When an insurance company issues a policy, it insures against a risk of possible loss, not a certainty. Insurance carriers do not intend to provide coverage for a loss that has already occurred, is in progress, or is substantially certain to occur. Yet, situations will arise where policyholders attempt to obtain insurance coverage for a loss that has already occurred.

read more

Minnesota School District Settles Free Speech Lawsuit

The Star Tribune recently reported that the Edina school board has settled a lawsuit filed against the school district by five high school students and their parents. The suit alleged the school district violated the students’ First Amendment rights by refusing to sponsor and later disbanding their Young Conservatives Club.

read more

Ethics Agency Finds Hatch Act Violation

The Office of Special Counsel found that President Trump’s campaign manager Kellyanne Conway violated the Hatch Act, which bars federal employees from using their office for partisan politics, after she advocated for Republican Roy Moore in Alabama’s recent Senate election during live television interviews broadcast from the White House lawn.

read more