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Home Articles Expert Commentary

Expert Commentary

Latest Articles

Captives

A Brief History of Captive Insurance Law

Hale Stewart | January 3, 2025

Hale Stewart looks back at the classical definition of insurance, the developing need for captives, the arguments against self-insurance, and the case law on the issue.

Captives

Captives: The Harper Test

Hale Stewart | January 3, 2025

Hale Stewart examines the history and current legal status of the three factors of the Harper test to determine whether a captive is valid for federal tax purposes.

Captives

Micro-Captives and Claims Handling

Hale Stewart | January 3, 2025

Micro-captive claim cases are replete with examples of poor corporate stewardship. Hale Stewart discusses the problems.

Reinsurance

Some Thoughts on Reinsurance Security

Larry Schiffer | December 20, 2024

Larry Schiffer addresses why and how a ceding insurer secures the asset provided by the reinsurance arrangement.

Courts and Coverage

Breaking Coverage Case—CGL Insurers Owe Coverage for Sex Trafficking Suits

Jes Alexander | December 6, 2024

This article examines recent court rulings where commercial general liability (CGL) insurers were found to owe a duty to defend in cases involving sex trafficking suits.

Valuation of Insurance Organizations

The Valuation Impact of Major Hurricanes: A Market Study

Todd Fries | December 6, 2024

Todd Fries explores how hurricane-related losses affect the market's perception of risk and value in the insurance sector.

Catastrophe Risk Management

Wildfire Smoke Claims: A Hidden Postwildfire Catastrophe

John E Putnam | November 22, 2024

Smoke claims are as varied as the fires that cause them. John Putnam examines the characteristics, psychological dimensions, remediation issues, and dispute resolution challenges.

Tech

Implementing Technology? Five Things You'll Need Besides Software

Damon Ranieri | November 22, 2024

To be successful, new technology needs the right people, processes, funding, understanding, and time. Damon Ranieri explains.

Design and Professional Liability

Engineers May Testify on Architect's Conduct

Kenneth Slavens | November 8, 2024

The overlapping expertise of design professionals may permit a professional engineer to testify as to conduct of an architect. Ken Slavens relates the recent case and lessons learned.

Construction Safety

Protect Your Construction Projects and Bottom Line from Water Damage

October 25, 2024

Nationwide explains that the cost of water damage claims is on the rise, and many of these claims can be prevented by implementing a water damage mitigation program.