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Expert Commentary


Latest Articles

Intellectual Property

Does the Typical CGL's "Advertising Injury" Coverage Extend to IP Claims?

Sanford Warren | August 1, 2004

Much confusion exists over intellectual property coverage provided by the 1986 and 1988 CGL policies. Sanford Warren and Jack Richards look at the legal trends.

Environmental

Environmental Liability Buyouts: A Developing Option

Jeff Slivka | August 1, 2004

This recent option for environmentally contaminated sites can provide a needed solution for managing known environmental liability for both buyers and sellers. Jeff Slivka explains.

Mediation

Absolute Confidentiality—Is It Wise?

Jeff Kichaven | August 1, 2004

Jeff Kichaven shows how current legislation and recent California case law mistakenly rely on absolute confidentiality as the key to mediation's effectiveness.

Additional Insured Issues

The Courts and Equitable Subrogation versus Equitable Contribution (Part 1)

Joseph Postel | August 1, 2004

In the first of a three-part series, Joseph Postel examines court rulings on additional insured status and how courts have treated - and often confused equitable contribution and equitable subrogation.

Equipment Theft Prevention

A Framework for Theft Prevention

David Shillingford | August 1, 2004

To be effective, equipment theft protection techniques need to be incorporated into an overall risk management strategy. David Shillingford provides a framework for applying these processes.

Construction Defect Coverage

Recent Case Law Applying the Subcontractor Exception: Too Little Too Late?

Patrick Wielinski | August 1, 2004

Pat Wielinski discusses two court rulings that could result in a catastrophic reduction in CGL coverage for many contractors, creating a coverage gap that will be extremely difficult to fill.

Security, Catastrophe Risk Management

Managing Terrorism Risk

Nathan Gould | July 24, 2004

In this article, Dr. Nathan Gould explains a three-tiered terrorism risk management plan, including initial and detailed assessments and a variety of risk management techniques.

Reinsurance

Insurer Insolvency and Reinsurance

Larry Schiffer | July 1, 2004

What happens to the reinsurance covering insurance policies when the insurer goes insolvent? Larry Schiffer discusses the issues, including recent case law.

Claims Practices

Stacking Insurance Limits

Barry Zalma | July 1, 2004

Barry Zalma explains why it is essential to examine the law of the jurisdiction relating to stacking of policy limits and self-insured retentions before making a decision on how to handle a claim.

Cyber and Privacy Risk and Insurance

Indemnity and Insurance Provisions in E-Business Contracts

Michael A. Rossi | July 1, 2004

Mike Rossi explains the impact of e-business activities on legal liability and first-party risks and identifies some of the ways these risks can be managed through indemnity and insurance provisions.