Expert Commentary

Latest Articles

Claims Practices

Intentional Injury Not Dischargeable in Bankruptcy

Barry Zalma | October 28, 2025

Bankruptcy is not available to protect a person from their intentional and willful acts. Barry Zalma relates a recent case on the issue.

Employee Well-Being

Suicide Prevention Community Helper Training

Sally Spencer-Thomas | October 24, 2025

Sally Spencer-Thomas provides reasons why employers should modify their mental health strategies, making the case for VitalCog Suicide Prevention training.

Design and Professional Liability

"Consequential" Versus "Direct" Damages—Specify the Difference

Kenneth Slavens | October 24, 2025

Classification of damages can vary greatly depending on the specific project, contract language, and parties involved. Ken Slavens relates a recent legal decision on this issue.

Risk Management

Proactive Safety Without the Hype: What AI Can (And Can't) Do for the Field

Justin Morrow | October 10, 2025

Justin Morrow predicts that, despite the overwhelming hype, artificial intelligence (AI) will play a supporting role to leadership. He examines its strengths and limitations.

Additional Insured Issues

Additional Insured Obstacles Fall: Is Coverage Restricted?

Julian Ehrlich | October 10, 2025

In this second of a two-part series, Julian Ehrlich reviews the split in authority on whether additional insured (AI) coverage is limited to the vicarious liability of the putative AI.

Additional Insured Issues

Additional Insured Obstacles Fall: Coverage Is Not "Premature"

Julian Ehrlich | October 9, 2025

Julian Ehrlich briefly traces the evolution of Insurance Services Office, Inc., additional insured endorsements' wording and reviews how insurers have tried to restrict coverage and various courts' response.

Construction Safety

Stagnating US Safety Systems

TJ Lyons | October 3, 2025

Do we have a "loose" safety system in the US? TJ Lyons examines the current objectives and data, comparing them to those of other countries.

Commercial Liability

Breaking Coverage Case—Duty to Defend Owed for PFAS Claims

Jes Alexander | September 26, 2025

Two liability insurers owed a duty to defend a town facing claims of environmental pollution relating to per- and polyfluoroalkyl substances (PFAS). The court held that the noise and pollution exclusion was inapplicable in the duty to defend context due to the exclusion's carve-outs.