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Claims Practices

Claims in a Disaster

Barry Zalma | September 1, 2005

In light of the many natural disasters this year, insureds who have never had to deal with insurance claims adjusters are confused or intimidated by the prospect. Barry Zalma provides advice.

Mediation

Six Ways To Sabotage a Mediation

Jeff Kichaven | September 1, 2005

A lawyer on the dark side can ruin a mediation in untold ways. In a tongue-in-cheek article, mediator Jeff Kichaven explains some of them.

Maritime Law

ADA Applies to Foreign-Flag Cruise Ships—In Theory

Michael Orlando | August 20, 2005

In June 2005, the U.S. Supreme Court handed down a decision that is an important, although not total, victory for disabled persons requiring improved access on cruise liners relating to the American with Disabilities Act (ADA). Michael Orlando explains.

Personal Risk Management

Identity Theft: A Personal Risk Management Approach—Part 2

Robin Olson | August 1, 2005

What are the steps a person can take to reduce the chance of identity theft? If a theft occurs, what steps should be taken to mitigate the size and scope of the loss? Rob Olson provides some answers.

Claims Practices

Rescission in California

Barry Zalma | August 1, 2005

Misrepresentations or concealment of material facts—whether intentional or not—can leave an insured without coverage, even for a legitimate claim. Barry Zalma looks at a recent case on point.

Captives

Regulation of Captives: Who? Why? What Next?

Michael R. Mead | August 1, 2005

Michael Mead explains how regulation of captives is inherently different from the regulation of a traditional insurer as respects audience, taxation, and oversight. He also provides food for thought for the future.

Environmental

Silica Claim Barred by Total Pollution Exclusion in CGL Policy

Kent Holland | August 1, 2005

Kent Holland summarizes a California court decision rejecting the argument that by adding an endorsement explicitly excluding asbestos, the insurer had to do the same for silica.

Courts and Coverage

Who Can Reject Uninsured Motorist and Personal Injury Protection Coverage?

Brent Cooper | August 1, 2005

Brent Cooper and Dana Harbin look at the disparity among the state courts regarding who has the right to reject UM/PIP coverage, in what form, and under what circumstances.

Personal Risk Management

Identity Theft: A Personal Risk Management Approach—Part 1

Robin Olson | July 9, 2005

Identity theft is the fastest growing crime in the United States today, and everyone is a potential victim. In this first of three articles, Robin Olson focuses on the risk itself.

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.

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