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In Hively v. Ivy Tech Cmty. Coll., 2016 U.S. App. LEXIS 13746, **54-56 (7th Cir. July 28, 2016), the Seventh Circuit affirmed the district court’s decision granting defendant’s motion to dismiss the plaintiff’s Title VII sexual orientation claim based on the doctrine of stare decisis – relying on the jurisdiction’s precedent determining that Title VII does not protect against same-sex discrimination.  In doing so, however, the court made clear its reservations, noting the incongruity whereby a same-sex couple can marry legally in the United States on a Saturday and be fired on Monday for having done so.  The court’s conclusion is instructive:

Perhaps the writing is on the wall. It seems unlikely that our society can continue to condone a legal structure in which employees can be fired, harassed, demeaned, singled out for undesirable tasks, paid lower wages, demoted, passed over for promotions, and otherwise discriminated against solely based on who they date, love, or marry. The agency tasked with enforcing Title VII does not condone it … many of the federal courts to consider the matter have stated that they do not condone it … and this court undoubtedly does not condone it…. But writing on the wall is not enough. Until the writing comes in the form of a Supreme Court opinion or new legislation, we must adhere to the writing of our prior precedent, and therefore, the decision of the district court is AFFIRMED.

PLUS Cyber Keynote Making Headlines

Former hacker Peiter “Mudge” Zatko is making the news today. As Director of the Cyber Independent Testing Laboratory he is working on a system to rate the relative security of commercially available software, something that is not presently available.

There is a great profile of him and his efforts today on Fortune. From the article…

Among the people most interested in the fine-grained results of the software ratings are insurance companies, which have been hard-pressed to estimate reasonable premiums for insurance against hackers.

Don’t miss an opportunity to hear Zatko speak on this issue in person next month… Register now for the 2016 PLUS Cyber Liability Symposium, September 27 in New York.

Brexit: What Does it Mean for the Insurance Industry?

With the United Kingdom voting to leave the European Union many are asking “what does it mean?” As it relates to insurance the impact is not fully known, but analysis and insight are starting to be shared.

PLUS will use this post to share links to articles and interviews dealing with the insurance impact of the Brexit. If you have an article that should be included in this list please email us (blogmaster at with a link.

Lloyd’s plans in Europe (Lloyd’s)


Brexit: a containable but poorly timed shock (Insurance Insider)


Brexit and the Re/Insurance Industry (JD Supra)


The first signs of post-Brexit financial stress: property fund suspended (The Economist)


Brexit will allow insurers to escape ‘absolutely dreadful’ EU regulation, claims former civil service chief (The Telegraph)


Lloyd’s Chairman responds to Brexit (Lloyd’s)


Brexit: Singapore bank UOB suspends London property loans (BBC)


UK stripped of final ‘AAA’ rating (The Telegraph)


Beale: London can preserve global status post-Brexit (The Insurance Insider)


Australia: QBE says Brexit may require revised approach to European business (Middle East Insurance Review)


Imagining the U.K. and the EU Three Years After Brexit (Mohamed El-Erian)


Brexit’s Slow Pain for Insurers (Bloomberg)


Thoughts on Insurance After Brexit (Insurance Thought Leadership)


Brexit: What Does the Vote Mean for Business? (Harvard Law School Forum on Corporate Governance and Financial Regulation)


Insurance Sector Hit Hard by Brexit Vote (Financial Times)


What Does the Brexit Vote Mean for the Insurance Industry? (D&O Diary)


Re/Insurance Business Leaders Begin to Comment on Post-Brexit World (Insurance Journal)


Re/insurance leaders look to calm Brexit concerns but admit challenges ahead (Intelligent Insurer)


Brexit: The Insurers Speak (Kennedys)


London Insurance Market is “Resilient” to Brexit Impact (Insurance Business America)


Brexit: Moving Forward (Clyde & Co)