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Expert Commentary


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Environmental

Pollution Exclusion Bars Coverage for Damage Caused by Dirt and Rocks

Kent Holland | March 1, 2007

Kent Holland looks at the trend of courts upholding the CGL pollution exclusion, even when the "pollutant" is a naturally occurring substance rather than a man-made chemical.

Enterprise Risk Management

Traditional Risk Management Inadequate to Deal with Today's Threats

Mark Layton | March 1, 2007

Deloitte & Touche looks at how managed risk avoidance is no longer adequate for today's business. What's needed is a proactive risk taking approach to risk, not risk avoidance.

Employment Practices

Special Rules on Release Agreements for Workers Raise Questions and Create Litigation Risks

Paul Siegel | March 1, 2007

Paul Siegel explains why drafting group termination releases that will reduce the risk of employment litigation and withstand judicial scrutiny is so difficult.

Claims Practices

When Agents or Applicants Lie to Insurers

Barry Zalma | March 1, 2007

Barry Zalma discusses the case for rescission when full and accurate facts about the risk are not conveyed to the insurer.

Environmental

Pollution Exclusions in CGL Policy Bars Coverage for Carbon Monoxide Poisoning

Kent Holland | February 1, 2007

Kent Holland shows how identical facts can result in completely different rulings, depending on the jurisdiction.

Liability Insurance

The Scope of "Ongoing Operations" Additional Insured Endorsements: Broader Than Expected

Steven Rawls | February 1, 2007

Steve Rawls and Rebecca Appelbaum examine cases where courts have construed that term to also include completed operations.

Risk Financing Info

The Importance of Calculating a Capital Charge for Insurable Risk Hedging Strategies

Donald Riggin | February 1, 2007

Don Riggin bridges the gap between determining an optimal hedging strategy and the importance of converting that strategy into a capital charge.

Courts and Coverage

Interpreting the "Physical Contact" Requirement of Uninsured Motorist Coverage in Indirect Contact Cases

Brent Cooper | February 1, 2007

Brent Cooper and Dana Harbin discuss case law when indirect contact occurs.

Personal Risk Management

Managing the Risks of a Household Move

Jack Hungelmann | February 1, 2007

Jack Hungelmann looks at the risks of moving from one house to another, and provides strategies for handling them.

Employment Practices

How Companies Are Bracing for EEOC Class Action Initiative Goals

Paul Siegel | February 1, 2007

With the government stating its intent to address systemic workplace discrimination, employers should consider preventive practices. Paul Siegel explains.