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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.

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.

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.

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.

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.

Intellectual Property

Avoiding Willful Infringement in Intellectual Property Litigation—Part 3

Sanford Warren | March 1, 2005

Considering the damages and attorney fees involved in litigation, good risk management dictates avoiding willful infringement. Sanford Warren and Jack Richards discuss the risk management implications of Knorr-Bremse v. Dana Corp .

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.

Cyber and Privacy Risk and Insurance

Privacy: Outsourcing and the Need for a Vendor Compliance Strategy

Gary Clayton | March 1, 2005

Gary Clayton explains that with proper risk management, outsourcing arrangements can work as long as the privacy/security of the underlying personally identifiable information is protected.

Ethics

Why Link Risk Management and Ethics?

George Head | February 1, 2005

Risk management guru Dr. George Head joins IRMI's group of expert commentators on the topic of risk management ethics and explains the importance of both.