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Workers Compensation Issues

Workers Compensation and Medicare

Jim Pocius | May 1, 2001

Medicare now believes there has been an illegal shift of medical benefits from workers compensation insurers to Medicare. To stem this flow, Medicare hopes to examine all workers comp settlements, even when claimants do not qualify for Medicare benefits. Jim Pocius explains what may be in store in this controversial area.

Construction Defect Coverage

Back to the Exclusions—The "Subcontractor" Exception

Patrick Wielinski | May 1, 2001

Explore the intricacies of the "your work" exclusion and its "subcontractor" exception within CGL policies, and understand their impact on construction defect cases.

Maritime Law

Admiralty Jurisdiction: A Challenge for Even the Seasoned Practitioner

Michael Orlando | May 1, 2001

Determining whether admiralty jurisdiction exists over a particular claim can prove extremely challenging, even for those well versed in admiralty law. This article examines the history, landmark cases, and how to determine where the baseline exists on a coastal state.

Environmental

Introduction to ISO 14001

Jeff Slivka | April 1, 2001

With the growth of the global economy, public awareness of differences between nations' environmental programs spurred the development of an international standard for environmental sensitivity. This article examines the ISO 14001 standard, certification, and scheduled revisions.

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.

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.

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