Melanie A. Orphanos

Abstract

This article addresses the insurance implications of the pending concussion litigation between the National Hockey League and its current and former players. The author draws comparisons to similar litigation brought against the National Football League and the NFL’s interactions with its insurers to forecast the obstacles the parties in the NHL litigation will face in establishing coverage by the many insurance carriers that have insured the NHL over time. The author identifies obstacles including determining when coverage is “triggered” and whether certain actions by the NHL will preclude coverage and relieve the insurers of their duty to defend under the policies’ “expected or intended” clauses.

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