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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.

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

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.

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.

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!"

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.

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.

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