What's New—August 2008

Four reference manual updates and new issues of The Risk Report, Captive Insurance Company Reports (CICR), and the summer issue of Employment Practices Liability Consultant (EPLiC) have been added to the IRMI infobases. We have also updated the home page and job function dashboards to facilitate navigation in the site.

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Newsletters & Journals

Written by John V. D’Alusio, the August issue of The Risk Report, examines the Medicare secondary payer law, specifically the legal obligations, potential punitive assessments, and how to approach certain claim settlements.

The August issue of Captive Insurance Company Reports contains two technical articles: the first on several recent accounting developments and the second on tax developments on partnerships and who is the true insured. An overview of the recent Bermuda conference, discussing two domiciliary developments, is also included.

The summer issue of Employment Practices Liability Consultant (EPLiC) includes the following articles.

• "Employer Liability for Hiring Illegal Aliens"
• "Will Employment Claims by Hispanics Increase?"
• "EPL Insurance Coverage for Immigration-Related Claims"
• "Supreme Court Clarifies Employer’s Burden of Proof in ADEA Disparate Impact Claims"
• "Guns at the Workplace: Employer Liability Challenges"

Reference Manuals

Commercial Liability Insurance brings you an extensively revised discussion of umbrella policy insuring agreements. First, several cases have been added to the discussion in section XI.C which interpret an umbrella definition of "loss" as excluding "other insurance." Second, the discussion on exhaustion of primary coverage has been substantially enlarged to trace the development of various configurations of exhaustion language. Court cases from each era identifying various coverage problems are cited and discussed. The discussion also provides practical tips to help insurance professionals recognize what kind of exhaustion language is being used by an umbrella underwriter, negotiate coverage enhancements so that the excess coverage works better for the insured, and adjust large losses correctly. Other revisions included in the supplement expand and update the defined term "bodily injury" in standard CGL coverage forms as that term applies—or does not apply—to mental and emotional rather than physiological injuries.

D&O MAPS has been expanded to include the following policies and analyses.

• Philadelphia Flexi Plus Five Nonprofit policy analysis
• Monitor Independent Directors policy and analysis
• Chubb Family Office Management D&O policy and analysis

Practical Risk Management updates one topic about computer centers and two topics relating to self-insurance. Topic F-12 discusses four risk management concerns related to computer centers—security, physical protection, disaster recovery planning, and insurance. Topic B-9 provides updated information about workers compensation self-insurance requirements by state, and Topic B-21 updates state-by-state requirements for automobile liability self-insurance. Lastly, Risk Management Notes offers an article by Steven Pahl, CPCU, ARM that discusses the use of letters of credit for cash flow plans. Marketplace Musings looks at the state of the property insurance market at the beginning of hurricane season. This issue also provides an update on new developments in broker compensation and summarizes some items of interest in the news.

RMIS Review adds a new article, "Technology and Claims: Blessing or Curse?" and updates the following evaluations.

• Hartford SRS @venture
• Liberty Mutual RISKTRAC
• Sedgwick CMS JURIS and ViaOne

Forms

This month 479 forms and endorsements have been added to the Forms manuals. These include AAIS state-specific and countrywide farmowners forms, countrywide commercial property forms, and countrywide commercial inland marine forms. The Forms manuals now include more than 21,000 sample policy forms.