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Insurance vs Gawker and Hulk Hogan

Insurance Vs History

Release Date: 06/26/2023

Insurance vs The Station Nightclub Fire show art Insurance vs The Station Nightclub Fire

Insurance Vs History

Insurance vs the Station Nightclub Fire Without giving my age away entirely, I will admit…I’m a child of the 80s. I’ve been lucky enough to have seen several of my favorite 80s artists perform their greatest hits.  It never crossed my mind that something could go wrong during a concert and I might be in danger. But on February 2, 2003, more than 400 people who also loved the 1980s attended a concert at the Station Nightclub in West Warwick, Rhode Island. But that night, something went wrong. A fire broke out at the concert, resulting in 100 deaths and 230 injuries. When bad things...

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Insurance vs The Atlantic Slave Trade show art Insurance vs The Atlantic Slave Trade

Insurance Vs History

Three years ago, when I started thinking about making a podcast about insurance and history, I had only one topic in mind: slavery. It took three years of reading and researching before I was ready to share it with you, but this episode represents part one of a three-part series about insurance and slavery—an overview of the Atlantic Slave trade and how insurance contributed to and supported that trade. It’s a tough topic, but an important one, for insurance professionals and history buffs alike. This is a story about how capitalism developed in Europe and the Americas, about colonialism,...

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Insurance vs Enron show art Insurance vs Enron

Insurance Vs History

For the first episode of Season 3, I’m talking about Enron and the company’s spectacular rise and even more spectacular fall. It’s a story about how creativity can sometimes mean stupidity, how culture impacts a company’s survival, how hiring decisions matter, how ideas mutate, and how companies that put stock price and profits above all else can easily be the architects of their own demise. And--how blind people can be about a lot of things if what they are doing is making money. Who was responsible for Enron? What were the major causes of its bankruptcy? Who spoke up, and who...

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Insurance vs Gawker and Hulk Hogan show art Insurance vs Gawker and Hulk Hogan

Insurance Vs History

How can insurance save a company from bankruptcy? How does litigation funding work? Why did a lawsuit about a famous wrestler’s sex tape become a warning to journalists everywhere about the power of Silicon Valley? Welcome to the Insurance vs History Podcast! In this episode, I talk about a case called Bollea v Gawker, which involved Hulk Hogan’s sex tape, and Gawker, one of the first big online news organizations. It also involved tech mogul Peter Theil and a vendetta that resulted in Gawker’s demise. This is the story of how insurance could have saved Gawker, but didn’t—and the...

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Insurance vs King Hammurabi of Babylon show art Insurance vs King Hammurabi of Babylon

Insurance Vs History

Was King Hammurabi’s Code the first written mention of insurance? How did insurance come to be, after all? And how does history change over time? Welcome to the Insurance vs History Podcast! In this episode, I talk about King Hammurabi’s Code, often considered to be the first legal code ever written and the first written mention of insurance. But is that really the case? Join me to find out! Selected Sources and Links: 1.       2.       3.       Sea Loans at Ugarit, Jonathan Ziskind, Journal of...

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Insurance vs The Mystery of Helen Brach and Horse Insurance Fraud show art Insurance vs The Mystery of Helen Brach and Horse Insurance Fraud

Insurance Vs History

Insurance vs The Mystery of Helen Brach and Horse Insurance Fraud How did the disappearance of a candy heiress result in the discovery of an insurance fraud ring? And were people hiring someone to murder their horses? Welcome to the Insurance vs History Podcast! In this episode, I tackle the true crime story of Helen Brach, and how the investigation into her disappearance revealed an organized insurance fraud ring involving expensive horses, changes in the US tax law, and terrible people. Fair warning: I use one swear word.  Selected Sources and Links: ...

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Insurance vs The NRA show art Insurance vs The NRA

Insurance Vs History

How has the NRA impacted insurance? And why are insurers being asked to regulate the gun industry? Welcome to the Insurance vs History Podcast! In this episode, I try and tackle the NRA’s impact on the insurance industry, as well as discuss a new wrinkle in the discussion of gun safety: asking the insurance industry to take a regulatory role. Sources and Links: Note: This is only a selection. There was a LOT here, and I read a lot of stuff from “both sides of the aisle” so to speak. I tried to include articles with the most facts and not as many opinions or with more insurance...

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Insurance vs The Movies: Double Indemnity show art Insurance vs The Movies: Double Indemnity

Insurance Vs History

Is Double Indemnity the best insurance movie ever? Is double indemnity even a real thing? Welcome to the Insurance vs History Podcast! In this episode, I discuss the movie Double Indemnity starring Fred McMurray, Barbara Stanwyck, and Edward G Robinson, and the concept of double indemnity in the insurance industry. Sources and Links: Limitation of Risk in Double Indemnity Clause, Columbia Law Review, Vol 31, No 8 (Dec 1931), pp. 1368-1369 Interpretation of “Accidental Means” in Double Indemnity Clause, Michigan Law Review, Vol 50, No 6 (April 1952), pp. 942-944 Books: Movies: ...

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Insurance Vs History

Murder. Intrigue. And a financial product that bets on the death of people you don’t know. Tontines! Welcome to the Insurance vs History Podcast! In this episode, I dig into the rise and fall of the tontine, a unique life insurance product that includes a mortality lottery. How did a financial product build bridges and real estate, fund wars, and even contribute to the French revolution? I'm talking Kings, Insurance Barons, and estimating who would live longest. What could be more exciting? Sources and Links: Books: Milevsky has a nice history of tontines in here, and then a discussion of...

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Insurance vs Eliot Spitzer show art Insurance vs Eliot Spitzer

Insurance Vs History

When a secretive industry meets an ambitious attorney general, what happens next? Welcome to the Insurance vs History Podcast! In this episode, I discuss Eliot Spitzer’s attempt to reform the insurance industry: specifically, the 2004 investigation into the big three insurance brokers and contingent commissions.   Sources and Links: Written in late 2004. A good overview. Books: This is a more general book that covers his entire life up until about 2010 and goes into a lot of detail about the sex scandal. The author did sit down with Spitzer and there is a documentary based on...

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How can insurance save a company from bankruptcy? How does litigation funding work? Why did a lawsuit about a famous wrestler’s sex tape become a warning to journalists everywhere about the power of Silicon Valley?

Welcome to the Insurance vs History Podcast! In this episode, I talk about a case called Bollea v Gawker, which involved Hulk Hogan’s sex tape, and Gawker, one of the first big online news organizations. It also involved tech mogul Peter Theil and a vendetta that resulted in Gawker’s demise. This is the story of how insurance could have saved Gawker, but didn’t—and the very real issues brought up by the trial, namely, the issue of litigation funding, bad deposition preparation, hubris, the rising power of Silicon Valley, and how much privacy public figures are entitled to today. What’s covered by insurance? Where did Gawker go wrong regarding insurance coverage? What does their bankruptcy mean for journalism today? Join me to find out!

Selected Sources and Links:

1.       https://jacobin.com/2016/08/gawker-peter-thiel-bollea-torts-lawsuit/

2.       https://www.nytimes.com/2016/03/18/business/media/hulk-hogan-v-gawker-a-guide-to-the-trial-for-the-perplexed.html

3.       https://lawandcrime.com/high-profile/might-an-anti-gawker-benefactor-be-covering-hulk-hogans-legal-bills/

4.       https://www.nbcnews.com/business/business-news/peter-thiel-vs-gawker-case-highlights-world-litigation-funding-n581726

5.       https://www.forbes.com/sites/mattdrange/2018/01/05/five-things-i-learned-after-meeting-donald-trumps-new-lawyer/

6.       https://www.newsweek.com/charles-harder-gawker-melania-trump-roger-ailes-people-magazine-509926

7.       https://www.salon.com/2023/03/27/what-does-peter-thiel-want-hes-building-the-right-wing-future-piece-by-piece/

8.       https://variety.com/2018/digital/news/gawker-acquired-bustle-bryan-goldberg-1202871999/

9.       https://www.newyorker.com/magazine/2016/12/19/gawkers-demise-and-the-trump-era-threat-to-the-first-amendment

10.   https://finance.yahoo.com/news/thiel-founders-fund-withdrew-millions-005223787.html?guccounter=1

11.   https://www.irmi.com/articles/expert-commentary/when-does-liability-coverage-exist-for-mental-anguish-without-bodily-injury

12.   “Hulk Hogan and the Demise of Gawker Media: wrestling with the problems of celebrity voyeurism, newsworthiness, and tabloidization, Andrew K Antoniou and Dimitris Akrivos, Journal of Media Law 2016, Volume 8, No. 2, 153-172

13.   “Eat Your Vitamins and Say Your Prayers: Bollea v Gawker, Revenge Litigation Funding, and the Fate of the Fourth Estate” Nicole K. Chipi, University of Miami Law Review, Vol 72: 269

14.   The Gawker Stalker, Jason Zengerle, GQ, Vol 86, Issue 12

15.   The Evolution of Mr. Theil, The Economist, Vol 419, Issue 8992

16.   Vigilante Justice: The Implications of Revenge Suits for Third-Party Litigation Funding, Ann-Marie Elvin, The Georgetown Journal of Legal Ethics, Vol 30:719

17.   “Sex, Videos, and Insurance: How Gawker Could Have Avoided Financial Responsibility For the $140 Million Hulk Hogan Sex Tape Verdict” Christopher C. French, Southern California Law Review, 6.20.16

Sources with Paywall:

1.       https://www.law360.com/articles/562091/gawker-not-covered-for-hogan-sex-tape-row-insurer-says

2.       Bringing Down a Media Empire - The New York Times (nytimes.com)

Books:

1.       Conspiracy: Peter Thiel, Hulk Hogan, Gawker, and the Anatomy of Intrigue: Holiday, Ryan: 9780735217645: Amazon.com: Books

2.       Traffic: Genius, Rivalry, and Delusion in the Billion-Dollar Race to Go Viral: Smith, Ben: 9780593299753: Amazon.com: Books

Music Credits:

·       Boulangerie by Jeremy Sherman, courtesy of NeoSounds: Boulangerie, LynneMusic | NeoSounds music library

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Website: https://insurancevshistory.libsyn.com

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