Expert Commentary
Latest Articles
Reinsurance
The Late Notice Defense in Reinsurance—Updated
Larry Schiffer | June 1, 2005
Larry Schiffer revisits the ways different states apply different prejudice or no-prejudice rules to a late notice defense by an insurer or reinsurer.
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.
Maritime Law
Taking Some Teeth out of the Louisiana Oilfield Indemnity Statute
Michael Orlando | May 14, 2005
Michael Orlando discusses a recent Fifth Circuit case interpreting the Louisiana Oilfield Indemnity Statute and the problems the decision poses by turning the system upside down over a statute that seems to be fairly clear in its meaning
Cyber and Privacy Risk and Insurance
Storing Liability: the Increasing Risks of Off-Site Data Storage
Gary Clayton | May 1, 2005
New legislation, particularly in California, requires that firms protect the data they store. Gary Clayton outlines steps that should be taken to avoid risks associated with the loss of personal information.
Environmental
Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy
Kent Holland | May 1, 2005
Kent Holland reviews a New York case involving a pollution exclusion and discusses the Catch-22 situation facing insurers who want to modify their policy language to eliminate ambiguity.
Wrap-Up Programs
Rolling Wrap-Up Programs
Richard Resnick | May 1, 2005
There are many variables to the rolling wrap-up program. Rich Resnick discusses the pitfalls and the upside of instituting these programs.
Workplace Violence Prevention
School Violence
James Madero | April 9, 2005
The potential for school violence has led many school systems to either implement a school violence prevention program or augment the one already in place. Dr. James Madero explains.
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!"
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.
Design and Professional Liability
The "Bargained-for" Result: Torts, Contracts, and Statutes of Limitation
Kenneth Slavens | June 1, 2005
Maritime Law
Taking Some Teeth out of the Louisiana Oilfield Indemnity Statute
Michael Orlando | May 14, 2005
Cyber and Privacy Risk and Insurance
Storing Liability: the Increasing Risks of Off-Site Data Storage
Gary Clayton | May 1, 2005
Environmental
Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy
Kent Holland | May 1, 2005
Environmental
Whether Mold Cleanup Costs Are Covered Depends on Causation
Kent Holland | April 1, 2005
