Insurance Law
The Uninsurable Future: The Climate Threat to Property Insurance, and How to Stop It
Property insurance availability is threatened by climate change.  Deregulating insurance markets is not the solution. Stopping insurers’ financial support for fossil fuels, subrogation suits against fossil fuel companies, and requiring insurers to account for mitigation, can help. But the future will be uninsurable without a transition away from fossil fuels.
Prove It! Judging the Hostile-or-Warlike-Action Exclusion in Cyber-Insurance Policies
Cyber-insurance policies often include a hostile-or-warlike action exclusion. The legal system is ill-equipped to handle the litigation that arises from coverage denials under this exclusion. This Essay explores the difficulties of accurately attributing attacks and adjudicating these insurance-coverage disputes. It concludes with four proposals to improve attribution and adjudication.