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Environmental

Whether Mold Cleanup Costs Are Covered Depends on Causation

Kent Holland | April 1, 2005

"When a covered event causes mold, the mold damage includes the cost of removal." Kent Holland explains this ruling by the New Jersey appellate court on a homeowner dispute.

Internal Controls

Why the COSO Frameworks Need Improvement

Matthew Leitch | April 1, 2005

Matthew Leitch looks at COSO's recent "Enterprise Risk Management—Integrated Framework," pointing out weaknesses that need to be rectified before it becomes an internal control standard.

Captives

When Is Reinsurance Not Reinsurance?

Michael R. Mead | April 1, 2005

Mike Mead looks at the risk management implications of reinsurance and excess insurance for captives. Lack of regulation and standardization complicates the matter.

Continuous Performance Improvement

Deming's Point #5 as Applied to the Insurance Industry

John Pryor | April 1, 2005

When focused on the customer, continuous process improvement, through process mapping, has transformed insurance organizations. John Pryor provides some examples.

Environmental

Silica—The Next Environmental Issue

Jeff Slivka | April 1, 2005

Silica exposure can be deadly. Jeff Slivka discusses the mineral, how it kills, the workplace hazard, and the insurance and risk management implications.

Ethics

Special Knowledge, Special Duties?

George Head | April 1, 2005

Do risk management professionals have a responsibility to share their expertise with others, even when they are not paid or asked to do so? Dr. George Head says "Yes!"

Employment Practices

Supreme Court Allows Age Discrimination Claims Based on Disparate Impact

Paul Siegel | April 1, 2005

Based on a March 30, 2005, ruling, employers must review their policies to assess the impact on older workers and address any unintended consequences, even if not deliberate. Paul Siegel explains.

Claims Practices

Insurance and the Law of Unintended Consequences

Barry Zalma | April 1, 2005

Barry Zalma looks at how efforts by and for the insurance industry have resulted in far greater problems: rising costs, soaring litigation, increasing fraud, and a reputation seemingly beyond repair.

Maritime Law

Supreme Court Rules a Dredge Is a Jones Act Vessel

Michael Orlando | March 18, 2005

Michael Orlando discusses a 2005 case— Stewart v. Dutra Construction —that hopes to resolve the conflict over how to determine whether a watercraft is a "vessel" for the purposes of the LHWCA.

Current Trends and Issues

Household, Family, and Other Problems in Homeowners Policy Language

Tim Ryles | March 1, 2005

Determining what constitutes a household and family is a moving target for insurers and insureds. Tim Ryles looks at the meaning of this language in homeowners policies and court interpretations.

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