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Liability Insurance

When Is an Insured Not an Insured?

Craig Stanovich | June 1, 2003

Craig Stanovich looks at the first step in accurate coverage interpretation: identifying who is an insured and when protection applies.

Mediation

When Logic Just Doesn't Work

Jeff Kichaven | June 1, 2003

Sometimes during mediation, progress and negotiations are stalled due to one of the parties inability to act, a type of client paralysis. Mediation tactics, such as the "magical paradox" technique, can be used to help overcome this paralysis. Jeff Kichaven explains.

Enterprise Risk Management

Implementing Enterprise Risk Management: Getting the Fundamentals Right

Jerry Miccolis | June 1, 2003

Jerry Miccolis examines ERM fundamentals - objectives, scope, organization, and tools that companies can use to establish an ERM framework and implementation plan.

Maritime Law

A Lien Is a Lien Is a Lien, but a Maritime Lien Is Not

Michael Orlando | June 1, 2003

In his maritime legal trends column, Michael Orlando discusses maritime liens—what they are and what they are not—and a recent disturbing decision by the Fifth Circuit Court of Appeals.

Property Insurance

Procedure for Conduct of Appraisal Evolves in Florida

Douglas Berry | May 1, 2003

The approach of the hurricane season emphasizes the importance of understanding how courts apply appraisal clauses in property insurance disputes. Doug Berry explains.

Litigation Management

How To Overhaul Your Panel Counsel Network

Michael Boutot | May 1, 2003

Michael Boutot discusses how to tune up your litigation management program by selecting a panel of law firms that will work with you to reduce and control legal costs.

Design and Professional Liability

The Ability To Disclaim Liability Resulting from Inspection Duties

Kenneth Slavens | May 1, 2003

Through the examination of case law, Ken Slavens reveals judicial support for the argument that the risk the design professional assumes by inspection or observation can be limited by contract.

Market Practices

Binders and Confirmation

Peter Polstein | May 1, 2003

Peter Polstein discusses insurance binders and why the placing agent or broker must make absolutely certain that all parties fully understand the coverage ramifications.

Construction Defect Coverage

The Myth of "Third-Party" Property Damage

Patrick Wielinski | May 1, 2003

Pat Wielinski discusses the varying judicial application of standardized CGL definitions to claims involving defective work, and the coverage myths that have arisen as a result.

Professional, D and O, and Fiduciary Liability

Policy Limitations on Coverage: A D&O Trend in a Hard Market

John Black | April 1, 2003

D&O insurers appear to be denying coverage more frequently now than in the soft market, relying on the personal profit, fortuity, and insurable loss arguments. John Black Jr. examines the recent case law.

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