Expert Commentary
Latest Articles
Additional Insured Issues
How Does an Extrinsic Contract Impact Additional Insured Coverage?
Joseph Postel | July 1, 2003
Joe Postel discusses the soundness of recent court decisions from around the nation involving additional insured disputes and contracts between customers and CGL policyholders.
Reinsurance
To Commute or Not To Commute, That Is the Question
Larry Schiffer | July 1, 2003
The reinsurer's obligation to cede and pay claims continues many years after the termination of the contract, unless it is commuted. Larry Schiffer explains.
Design and Professional Liability
Insurer Uses Contractual Liability Exclusion to Deny Coverage
Kent Holland | June 28, 2003
In American Family Mutual Insurance v. Pleasant Company , the court's reasoning completely misconstrues the purpose of the contractual liability exclusion, Kent Holland explains.
Writing Tips for Insurance Professionals
Log Notes, Emails, and Bad Faith Lawsuits
Gary Blake | June 14, 2003
Gary Blake explains how poor writing skills can often be a determining factor in deciding whether an insurer has shown vexatious, unreasonable, or outrageous conduct in its claims handling.
Mediation
When Logic Just Doesn't Work
Jeff Kichaven | June 1, 2003
Sometimes during mediation, progress and negotiations are stalled due to one of the parties inability to act, a type of client paralysis. Mediation tactics, such as the "magical paradox" technique, can be used to help overcome this paralysis. Jeff Kichaven explains.
Enterprise Risk Management
Implementing Enterprise Risk Management: Getting the Fundamentals Right
Jerry Miccolis | June 1, 2003
Jerry Miccolis examines ERM fundamentals - objectives, scope, organization, and tools that companies can use to establish an ERM framework and implementation plan.
Maritime Law
A Lien Is a Lien Is a Lien, but a Maritime Lien Is Not
Michael Orlando | June 1, 2003
In his maritime legal trends column, Michael Orlando discusses maritime liens—what they are and what they are not—and a recent disturbing decision by the Fifth Circuit Court of Appeals.
Liability Insurance
When Is an Insured Not an Insured?
Craig Stanovich | June 1, 2003
Craig Stanovich looks at the first step in accurate coverage interpretation: identifying who is an insured and when protection applies.
Intellectual Property
Where the Rubber Meets the Road—Intentional Trademark Infringement and Insurance Coverage
Sanford Warren | June 1, 2003
Sanford Warrem explains that you need to understand what constitutes intentional trademark infringement to determine if the intentional acts exclusion in a business CGL policy would apply.
Property Insurance
Procedure for Conduct of Appraisal Evolves in Florida
Douglas Berry | May 1, 2003
The approach of the hurricane season emphasizes the importance of understanding how courts apply appraisal clauses in property insurance disputes. Doug Berry explains.
Additional Insured Issues
How Does an Extrinsic Contract Impact Additional Insured Coverage?
Joseph Postel | July 1, 2003
Design and Professional Liability
Insurer Uses Contractual Liability Exclusion to Deny Coverage
Kent Holland | June 28, 2003
Writing Tips for Insurance Professionals
Log Notes, Emails, and Bad Faith Lawsuits
Gary Blake | June 14, 2003
Enterprise Risk Management
Implementing Enterprise Risk Management: Getting the Fundamentals Right
Jerry Miccolis | June 1, 2003
Intellectual Property
Where the Rubber Meets the Road—Intentional Trademark Infringement and Insurance Coverage
Sanford Warren | June 1, 2003
Property Insurance
Procedure for Conduct of Appraisal Evolves in Florida
Douglas Berry | May 1, 2003