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Continuous Performance Improvement

Deming's Point #6 as Applied to the Insurance Industry

John Pryor | July 1, 2005

Dr. W. Edwards Deming's sixth principle is 'Institute training. Training must be totally reconstructed.' In his description of this point, Dr. W. Edwards Deming draws a strong distinction between training and education.

Cyber and Privacy Risk and Insurance

Addressing Liability Risks for Data Loss from an Insurance and Contractual Risk Transfer Perspective

Michael A. Rossi | July 1, 2005

Mike Rossi discusses new strategies to help risk managers, brokers, and others address third-party liability risk involving lost or corrupted data.

Courts and Coverage

Unmarried Cohabitants Are Not "Members" of the Same "Household"

Richard Valentino | July 1, 2005

What constitutes a household? Richard Valentino looks at a recent 11th Circuit case where the term was deemed ambiguous and lists rulings from other jurisdictions on the topic.

Design and Professional Liability

The Exception Is Swallowing the Rule: Negligent Misrepresentation and the Economic Loss Doctrine

Kenneth Slavens | July 1, 2005

Ken Slavens relates a recent Pennsylvania case allowing recovery where the defendant is in the business of supplying information for the guidance of others and makes a negligent misrepresentation.

Intellectual Property

Are Technical Documents Privileged?

Sanford Warren | July 1, 2005

Sanford Warren and Jack Richards examine the question of what technical documents, if any, are protected by the attorney-client privilege or work-product doctrine.

Risk and Insurance History

"Flying Machines" and Early Airline Insurance

John Bogardus | June 11, 2005

As America became a world leader in aviation, the industry's size and importance made it a crucial line of business for many agents, brokers, and insurers. Jack Bogardus and Robert Moore explain.

Current Trends and Issues

Probing the Gaps in GAP Insurance

Tim Ryles | June 1, 2005

Tim Ryles discusses Guaranteed Auto Protection (GAP) insurance: what it covers, common exclusions, how it is regulated, and certain sales/marketing methods to watch out for.

Courts and Coverage

Coverage Disputes Give Rise to "Independent" Counsel

Brent Cooper | June 1, 2005

Brent Cooper explains how the Texas Davalos case sets out how the Independent Counsel Rule should be applied and a test as to what coverage questions give rise to independent counsel.

Additional Insured Issues

Excess Insurer Entitled to Equitable Subrogation—Not Equitable Contribution—from Primary Insurer

Joseph Postel | June 1, 2005

In his Insurance Law column, Joe Postel looks at the 2004 decision in Home Ins. v Cincinnati Ins. and discusses its possible effect on additional insured claims in the future.

Design and Professional Liability

The "Bargained-for" Result: Torts, Contracts, and Statutes of Limitation

Kenneth Slavens | June 1, 2005

Limitations for contract and tort actions may differ. The applicable statute of limitation is properly related to the remedy, rather than to the theory of liability. Ken Slavens explains.

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