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Expert Commentary


Latest Articles

Internal Controls

Controls Design for Efficient Compliance with Sarbanes-Oxley's Section 404

Matthew Leitch | October 1, 2005

Well-designed internal controls can lighten the regulatory burden, reduce errors and fraud, and still leave people feeling like people. Matthew Leitch explains how.

Continuous Performance Improvement

Deming's Point #7 as Applied to the Insurance Industry

John Pryor | October 1, 2005

John Pryor discusses Dr. W. Edwards Deming's seventh principle: 'Adopt and institute leadership' and explains how he distinguishes leadership from management.

Personal Risk Management

Identity Theft: A Personal Risk Management Approach—Part 3

Robin Olson | September 17, 2005

In the final installation of his series on identity theft, Rob Olson examines the types of coverage offered by insurance organizations and banks, and lists other reforms that are needed to address this risk.

Claims Practices

Claims in a Disaster

Barry Zalma | September 1, 2005

In light of the many natural disasters this year, insureds who have never had to deal with insurance claims adjusters are confused or intimidated by the prospect. Barry Zalma provides advice.

Mediation

Six Ways To Sabotage a Mediation

Jeff Kichaven | September 1, 2005

A lawyer on the dark side can ruin a mediation in untold ways. In a tongue-in-cheek article, mediator Jeff Kichaven explains some of them.

Reinsurance

Avoiding the Reinsurance Credit Risk

Larry Schiffer | September 1, 2005

The best-case scenario for a reinsured is to have its reinsurance recoverables secured to avoid any unnecessary credit risk associated with obtaining reinsurance. Larry Schiffer explains.

Maritime Law

ADA Applies to Foreign-Flag Cruise Ships—In Theory

Michael Orlando | August 20, 2005

In June 2005, the U.S. Supreme Court handed down a decision that is an important, although not total, victory for disabled persons requiring improved access on cruise liners relating to the American with Disabilities Act (ADA). Michael Orlando explains.

Claims Practices

Rescission in California

Barry Zalma | August 1, 2005

Misrepresentations or concealment of material facts—whether intentional or not—can leave an insured without coverage, even for a legitimate claim. Barry Zalma looks at a recent case on point.

Captives

Regulation of Captives: Who? Why? What Next?

Michael R. Mead | August 1, 2005

Michael Mead explains how regulation of captives is inherently different from the regulation of a traditional insurer as respects audience, taxation, and oversight. He also provides food for thought for the future.

Environmental

Silica Claim Barred by Total Pollution Exclusion in CGL Policy

Kent Holland | August 1, 2005

Kent Holland summarizes a California court decision rejecting the argument that by adding an endorsement explicitly excluding asbestos, the insurer had to do the same for silica.