Expert Commentary

Latest Articles

Property Insurance

Ensuing Loss: Getting Around a Property Policy's Defective Construction Exclusion

Jay Levin | April 1, 2007

Jay Levin points out the logical inconsistency of a broad reading of the faulty workmanship exclusion and the narrow reading of the "ensuing loss" exception.

Courts and Coverage

Ensuing Loss Clauses in Homeowners Policies: Confusing but Not Ambiguous

Brent Cooper | April 1, 2007

Recent court decisions make clear that ensuing loss clauses do not broaden or create coverage. Brent Cooper and Dana Harbin explain.

Liability Insurance

Cover Me: the Subcontractor Exception to the Your [Completed] Work Exclusion

Steven Rawls | April 1, 2007

Steve Rawls explains why the issue of whether the general contractor's CGL policy covers faulty completed subcontractor work is far from settled.

Construction Safety

The Injury-Free Construction Site and the Foreman: an Underutilized Resource in the Safety Process

Peter Furst | March 3, 2007

Peter Furst looks at the foreman s role in planning and executing safety on the construction site.

Claims Practices

When Agents or Applicants Lie to Insurers

Barry Zalma | March 1, 2007

Barry Zalma discusses the case for rescission when full and accurate facts about the risk are not conveyed to the insurer.

Catastrophe Risk Management

Defining the Characteristics of a PML Study

Nathan Gould | March 1, 2007

A seismic/extreme wind risk assessment requires an understanding of how the risk assessment and loss data will be utilized. Dr. Nathan Gould explains.

Environmental

Pollution Exclusion Bars Coverage for Damage Caused by Dirt and Rocks

Kent Holland | March 1, 2007

Kent Holland looks at the trend of courts upholding the CGL pollution exclusion, even when the "pollutant" is a naturally occurring substance rather than a man-made chemical.

Enterprise Risk Management

Traditional Risk Management Inadequate to Deal with Today's Threats

Mark Layton | March 1, 2007

Deloitte & Touche looks at how managed risk avoidance is no longer adequate for today's business. What's needed is a proactive risk taking approach to risk, not risk avoidance.

Employment Practices

Special Rules on Release Agreements for Workers Raise Questions and Create Litigation Risks

Paul Siegel | March 1, 2007

Paul Siegel explains why drafting group termination releases that will reduce the risk of employment litigation and withstand judicial scrutiny is so difficult.