Expert Commentary

Surety

Proactive Surety Claims Handling

Marilyn Klinger | April 1, 2001

In recent years, sureties have begun more proactive claims handling. Marilyn Klinger explains how sureties can work with the project owner, prime contractor, bond producer, underwriter, and claims personnel so that all can be in a win-win situation after a claim.

Construction Safety

Safety Incentive Programs: A Critical Assessment

Ron Prichard | April 1, 2001

A majority of US businesses use some sort of safety incentive. Nevertheless, the debate continues as to their effectiveness. Learn how such programs are designed, their pros and cons, caveats to implementation, and possible alternatives.

Drafting and Interpreting Policies

Detecting Uncertainty in the Meaning of Insurance Policy Wording

Kenneth Wollner | April 1, 2001

In this article, the author explains four reasons why courts find the meaning of contract language uncertain— ambiguity, vagueness, absurdity, and obscurity—and the importance of detecting and clarifying uncertainties in contract language.

Risk Management Technology

Information Systems: Which Type Is Right for Your Organization?

Anita Schoenfeld | April 1, 2001

Buying a new risk management system is difficult considering all the different applications and alternatives. Learn what types of systems are available and how they can respond to your organization's needs.

Reinsurance

Cut-Through Provisions in Reinsurance Agreements

Larry Schiffer | March 1, 2001

Larry Schiffer explains how cut-through endorsements are attached, triggered, and employed, and how they may be unenforceable in some jurisdictions.

Property Insurance

Court Finds "Direct Physical Loss or Damage" Due to "Impairment of Function and Value"

Douglas Berry | March 1, 2001

This article examines the recent Minnesota appellate court decision which determined that the requirement for "direct physical loss or damage" was met in the absence of tangible injury when government regulations rendered cereal unfit for sale, resulting in "an impairment of function and value" of insured property.

Design and Professional Liability

Negligent Misrepresentation: Chipping Away at the Design Professional's Protection under the Economic Loss Doctrine

Kenneth Slavens | March 1, 2001

The merits and failings of the economic loss doctrine as applied to the design professions have been continually debated. Learn how relatively recent court opinions have signaled further erosion of the protection that the doctrine provides.

Risk Financing Info

Commodity Price Insurance and FAS 133

Brent Clark | March 1, 2001

Brent Clark discusses how the new Financial Accounting Standard (FAS 133) affects the accounting treatment between derivatives and insurance when the risk is a CPR and how new alternative risk financing products may develop as a result.

Whether Pre-Tender Environmental Response Costs Are Voluntary Payments: Is There a Prejudice Requirement?

Jeffrey Woodward | February 15, 2001

Explore the intricacies of pre-tender environmental response costs and understand the legal implications of voluntary payments and prejudice requirements.

Construction Liability Insurance

How Well Does That Blanket Cover You?

Ann Hickman | February 1, 2001

Blanket additional insured endorsements are useful tools for preventing administrative oversights and reducing paperwork, but they also carry risks for both the named and additional insureds. Discover methods contractors and subcontractors can use to minimize the risks of breaching their contracts when using blanket AI endorsements.